In what is certain to be another high-profile addition to its docket this term, the Supreme Court has granted review in Groff v. DeJoy — a case in which the religious rights of employees will take center stage.
. These statutes never have been read to include a “more than de minimis cost” standard, however. And thestandard has heavily weighted the scales in favor of the employer — and against religious employees — for decades.In the 3rd Circuit’s ruling, the appeals court cited the statement in thedecision that requiring an employer to provide a religious accommodation at more than a de minimis cost is an undue hardship that excuses the employer from having to accommodate the employee at all.
That’s an outcome that would weaponize employee relations, pitting employee against employee in unprecedented ways. Think, for example, of an employee assigned to work Sundays so that a religious colleague who wants to recognize the Sabbath can be accommodated. It wouldn’t take much for the employee who works Sundays to claim the cost to him or her was more than “de minimis.”Groff has asked the Supreme Court to answer two questions.
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