Title VII of the Civil Rights Act has long mandated that private employers with 15 or more employees must provide reasonable accommodations for sincerely-held religious observances that conflict with work requirements, except in cases of undue hardship. However, the definition of “undue hardship” has lacked clarity and consistency in court interpretations over the years.
To address this, a unanimous SCOTUS decision on June 29th delivered a significant ruling in Groff v. DeJoy, reshaping the landscape of religious accommodations in the workplace.
Employers are now required to provide religious accommodations to employees unless they can demonstrate a substantial burden. This burden must demonstrate that providing a religious accommodation would result in “substantial increased costs in relation to the conduct of its particular business” in order to deny such accommodation.
Similar to the Americans with Disabilities Act, this decision emphasizes that other employees’ inconvenience is not the primary factor. Instead, employers must assess the costs of providing accommodation within the context of their business, considering factors such as the size of the employer and available resources. This sets a higher bar for employers seeking to claim an undue hardship.
As a result of this decision, employers must review and, if necessary, update their current practices concerning religious accommodations to consider this new and more stringent standard.
If you have questions about the new standard and ensuring compliance, I’m happy to help. Please contact me at edgar@officiumdc.com.
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