Religious Employment Discrimination Could Overturn Bad Precedent

WASHINGTON, D.C. – Yesterday, the U.S. Supreme Court heard oral arguments in a case involving Christian mail carrier Gerald Groff who chose to resign from the U.S. Postal Service (USPS) rather than be fired after it refused his religious accommodation request to not work on Sundays, which he considers to be a day of worship and rest, according to his Christian faith. Groff asserts that federal law requires the USPS to accommodate his religious observance and appeals to the High Court to overturn its 1977 precedent in Trans World Airlines, Inc. v. Hardison, which instituted a standard giving employers more latitude in denying religious accommodations.

Liberty Counsel filed an amicus brief in the case and is asking the High Court to overrule its previous 1977 “undue burden” de minimis standard from Hardison and restore Title VII of the Civil Rights Act of 1964’s protection against religious discrimination to its intended role in America’s framework.There is no reason under Title VII to treat discrimination on account of religion different than race or sex discrimination.

Liberty Counsel’s brief argues that Hardison’s de minimis test makes a mockery of Title VII and discriminates against religion. Hardison’s de minimis test requires only de minimis cost, or minimal cost, to excuse religious discrimination instead of protecting employees’ religious rights.