SCOTUS Clarifies Standard for Religious Accommodation Requests

By: Jessica Jackler

On June 29, 2023, the Supreme Court issued its decision in Groff v. DeJoy, No. 22-174 (June 29, 2023) in which it clarified and changed the standard for religious accommodations under Title VII. The new standard provides that “’under hardship’ is shown when a burden is substantial in the overall context of an employer’s business.” For almost 50 years, the prior established standard required an employer “to bear more than a de minimis cost in order to give [an employee] Saturdays off is an undue hardship.”

In its unanimous 9-0 opinion, the Supreme Court agreed to change the standard and declined to implement the undue hardship test under the Americans With Disabilities Act, which requires significant difficulty and expense. The Court further declined to provide guidance as to what a substantial burden constitutes for businesses, leaving a lot of questions open for employers.

Chicago, Illinois 312-377-1501 | Crown Point, Indiana 219-488-2590
Indianapolis, Indiana 219-488-2590 | Milwaukee, Wisconsin 414-758-3367

Chicago, Illinois

312-377-1501


Crown Point, Indiana

219-488-2590


Indianapolis, Indiana

219-488-2590


Milwaukee, Wisconsin

414-758-3367