Home
/
RELIGION & LIBERTY ONLINE
/
A Win for Religious Employees
A Win for Religious Employees
Sep 10, 2025 11:07 AM

A recent SCOTUS decision has clarified what “undue hardship” means for employers asked to modate religious employees. It’s long overdue, and rather than creating some new “preference,” it ensures that the original intention of the First Amendment is respected.

Read More…

As it turns out, the Supreme Court last week opted against transforming the United States into a totalitarian, theocratic hellscape like the New York Times’ Linda Greenhouse had prophesied in January. In fact, the entire left wing of the Court joined the conservative majority in Groff v. DeJoy in an opinion that bolstered the rights of all workers regardless of their religious tradition. Now it is abundantly clear that American workers need not choose between their jobs and their faith. While the Court did not issue a final judgement in the case but rather sent it back to a lower court for further proceedings, the opinion was surprisingly strong, especially for a unanimous verdict.

Gerald Groff, a Pennsylvania postal carrier and client of First Liberty Institute, objected to working on Sundays due to his religious conviction that the day should be reserved as a sabbath. He tried for several years to reach promise with the Post Office to avoid Sunday shifts, but after suffering years of mockery and abuse, he was forced to resign from his position in January 2019.

Later in that year, Groff sued the Post Office under Title VII of the Civil Rights Act of 1964 (Title VII), which makes it unlawful for an employer to discriminate against an employee on account of religion, among other things. Title VII requires employers to make modations for the religious practice of employees except when doing so would cause “undue hardship on the conduct of the employer’s business.” In Trans World Airlines v. Hardison (1977), the Supreme Court found that any cost or effort that is “more than … de minimis” is an undue hardship. Mr. Groff lost in the trial court and again at the intermediate appellate court as the judges relied on this “de minimis” standard.

The Hardison interpretation of Title VII provided almost no protection for the free exercise rights of employees, and it was not just evangelical Christians like Gerald Groff who have suffered. The de minimis standard has, according to the Supreme Court, “blessed the denial of even minor modation” and significantly disadvantaged members of minority faiths, including Sikhs, Muslims, Seventh-day Adventists, and, in the words of the Union of Orthodox Jewish Congregations of America, “once again left [Jews] at the mercy of their employers’ good graces.”

The Groff court did not explicitly overrule Hardison but has clarified some aspects of it and more clearly stated what is required of the “undue hardship” language in the context of Title VII. The newly established standard requires courts to determine “whether a hardship would be substantial in the context of an employer’s business in monsense manner that it would use in applying any such test.” The anxieties of those like Ms. Greenhouse have not been realized, but it is also now abundantly clear that they were pletely unfounded. Groff does not represent any new law. It is a course correction that was only necessary because lower courts had misinterpreted the text of Title VII. This case only renews and clarifies our country’s mitment to respecting religious freedom, including in the workplace. Proponents of a radically secularized public square, like American Atheists, argue that the decision in Groff unfairly shifts more of the burdens of religious modations to the nonreligious in the workplace. This group understands this case as a signal that religious employees are or will be favored. But this analysis fundamentally misunderstands and misrepresents this decision.

First, respecting religious liberty and religious diversity is fully consistent with our country’s dedication to protecting individual freedom. After all, the Constitution explicitly protects free exercise rights for all citizens. Title VII’s protection of religious employees may not be explicitly mandated by the First Amendment, but the provision is certainly consistent with the spirit of it. The purpose of the free exercise clause is to protect the freedom that allows Americans to orient their lives according to their most fundamental beliefs, and Gerald Groff was entitled to do exactly that. If citizens are to be free to practice any or no faith without government intrusion, but only see that private interests foreclose that freedom via coercive and unfair economic pressure, the purpose of the First Amendment is frustrated.

Second, what critics like Greenhouse fail to consider is that granting modations is mon employment practice necessary to ensure equal opportunities and foster a more level playing field. Congress has afforded similar protections for Americans with disabilities, pregnant and nursing mothers, and military veterans. In the wake of Groff, people of faith who have been unfairly precluded from certain jobs due to their mitments will now have access to equal opportunities. Moreover, these restored protections will primarily empower workers who belong to minority faiths to be able to work without being forced to violate their beliefs.

Interestingly, the Groff court affirmed that an employer who fails to provide an modation cannot raise a defense merely on the grounds that the modation could cause some co-workers to grumble about their religious colleagues. “A hardship that is attributable to employee animosity to a particular religion, to religion in general, or to the very notion of modating religious practice cannot be considered ‘undue.’” It is particularly surprising to find this line in an opinion signed by the left wing of the Supreme Court. Opponents of religious freedom tend to advocate for a jurisprudential approach that creates a freedom from rather than a freedom of religion. It is encouraging to see the Court protect religious diversity, even for minority, unpopular, or less-understood perspectives.

The post-Groff world is not one that presents anything to fear. It does not represent a new orientation toward a dark theocratic future. It is rather a very measured monsense decision that shows great deference to the plain meaning of a statute written, debated, and passed by Congress. This decision is instead a vindication of the rights of religious citizens who should never have been forced in the first place to make a choice between their jobs and their faith.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Work and the Two Great Love Commandments
One of this week’s contributions to Acton Commentary, in honor of the ing American Labor Day holiday is titled, “Work and the Two Great Love Commandments.” In this piece I focus on how we can view work as a means to express our love for our neighbor and for God. I say a bit about what work does for us as individuals as well. There’s a great deal that could be said on this very important topic. Work is a...
Humility in a Time of Recession
Acton Research Director Samuel Gregg contributed this piece to today’s Acton News & Commentary. Sign up here for the free, weekly email newsletter. +++++++++ Humility in a Time of Recession By Samuel Gregg Since 2008, there has been much discussion about the contribution of unethical behavior to our present economic circumstances. Whether it was borrowers’ lying on mortgage-applications or Fannie Mae and Freddie Mac’s politically-driven lending policies, there seems to be some consciousness that non-economic factors played a role in...
Toward Sustainable Wealth and Profit
Today’s NYT has an op-ed by David Brooks that’s been getting good cyber-circulation, “The Gospel of Wealth.” Brooks highlights in particular Southern Baptist pastor David Platt, who is touted as the youngest mega-church leader in the country. Rebelling in many ways from the new traditions associated with mega-churches, Brooks says Platt inhabits the nexus between “between good and plenty, God and mammon,” spirituality and materiality, and that Platt “is in the tradition of those who don’t believe these two spheres...
News: DeVos to Receive Faith and Freedom Award
Acton Institute Honors Richard M. DeVos with Faith and Freedom Award GRAND RAPIDS, Mich. (Sept. 2, 2010) – Richard M. DeVos will receive Acton Institute’s Faith and Freedom Award in October for his remarkable plishments in business, American cultural life and philanthropy. Rev. Robert A. Sirico, president and co-founder of the Acton Institute, cited DeVos for his “decades-long exemplary leadership in business, his dedication to the promotion of liberty, his courage in maintaining and defending the free and virtuous society,...
Labor and the limits of work
There has been some good discussion over the past week and Labor Day holiday about the nature of work and its role in our lives (particularly here). The first thing I’d like to point out about Lester DeKoster’s claims regarding work is that he has in mind, at least partially, the classical Greek philosophical distinction between the active and contemplative life, particularly its disdain of manual labor. You can get a hint of this from the video short, “How did...
Work and western civilization
Leading up to next week’s Labor Day holiday we’ve been reflecting on the nature of work the last few days. Today I’d like to conclude this little series with a note on the relationship between work and civilization, with specific reference to work in the context of Western civilization. Yesterday I passed along the perspective on work as a formative influence on the soul of the worker: “…the soul formed by daily decision to do work carries over into eternity.”...
Faith Groups Urge Congress to Preserve Religious Hiring Rights
From an Aug. 26 Christian Post story. (HT: Mirror of Justice): More than 100 religious organizations are urging members of Congress to reject pending legislation that would prohibit them from considering religion when hiring. A letter – endorsed by such groups as World Vision, Association of Gospel Rescue Missions, U.S. conference of Catholic Bishops, and Union of Orthodox Jewish Congregations of America – was delivered Wednesday. “The law has long protected the religious freedom of both the people who receive...
Defining Devotion Down
“Freedom of worship” has recently replaced the phrase “freedom of religion” in public pronouncements from the Obama administration, according to news reports. Ralph Benko follows up on the Washington Examiner: President Obama’s recent formulation, “Freedom of Worship” has the religiously serious aghast. It telegraphs a subversion of faith — by defending a right not in question, the right to conduct religious feasts and fasts and ceremonies, and downgrading religion’s heart, values. The First Amendment interdicts the making of laws prohibiting...
Jeremy Lott’s Life of William Buckley
The Thomas pany sent me AmSpec alumnus Jeremy Lott’s William F. Buckley. I will write a full review later, but I have just begun the book and can already tell that Lott is going to bring attention to some underappreciated territory. His hook is that Bill Buckley was more or less a prophet. His aim is to show how Buckley’s faith influenced his life and his politics. Only nine pages in I have been treated to the following quote by...
Distributism is not Free-Market
Forgive the blunt title of this blog post, but the point needs to be made in no uncertain terms. The Zenit News Agency has interviewed John Medaille, author of Toward a Truly Free Market: A Distributist Perspective on the Role of Government, Taxes, Health Care, Deficits, and More, which calls for a direct if brief (more later, perhaps – I have yet to read the book) response from this Catholic defender of the market economy. Whether or not Pope Benedict’s...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved