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.