Groff v. DeJoy was the U.S. Supreme Court case decided on June 29, 2023, that redefined the religious accommodation standard. Significantly, it removed the “de minimis,” or very minor, hardship rule when discussing religious accommodations and replaced it with a higher “substantial in the overall context of the business” standard. This standard was meant to be more beneficial for employees requesting accommodations.
In the year since the decision, there have been at least 80 cases that have cited the Groff decision.
In one case, the Seventh Circuit held that potential liability under another federal law could meet this new post-Groff undue hardship standard. There, the requested accommodation exposed the employer, a school, to potential Title IX liability. This potential liability was enough to overcome the higher “substantial in the overall context of the business” standard. This argument could potentially be used in other contexts, like Title VII, OSHA, or potentially state laws. Therefore, employers should evaluate whether a requested accommodation would violate another law.
On the other hand, an Oregon District Court held that there was no undue hardship because the employer could not show that providing an employee with the requested religious accommodation would have put it out of compliance with a law. There, the court found that the employer needed to show how the accommodation would put it out of compliance with the law. Therefore, while employers could use the violation of a law to show an undue hardship, they must make sure the request actually would put them out of compliance with the law.
The Groff case will continue to reshape the religious accommodation process. In 2022, the Equal Employment Opportunity Commission (EEOC) saw a record number of charges of religious discrimination. Many of these cases are now making their way through the courts and using this new standard.
As decisions are made, Employers Council will keep members up to date on changes. In the meantime, for members wanting to learn more about employers’ general obligations to accommodate employees’ religious beliefs, please see this whitepaper, and contact us with any questions.
George Russo is an attorney for Employers Council.