Home
/
RELIGION & LIBERTY ONLINE
/
A Win for Religious Employees
A Win for Religious Employees
Jul 30, 2026 10:52 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
Radio Free Acton: Entrepreneurship in Guatemala; Upstream on the future of the arts
On this episode of Radio Free Acton, host Caroline Roberts speaks with Jonathan Porta, co-founder of merce platform UTZ Market in Guatemala, on his experiences in developing his business and on entrepreneurship in Guatemala. Then on the Upstream segment, Bruce Edward Walker talks to David Marcus, New York correspondent for The Federalist on the future of the arts. Check out these additional resources on this week’s podcast topics: Check out Utz Market Learn more about sustainable development and effective poverty...
How we participate in God’s own work
“This is what I have observed to be good,” the Preacher says, “that it is appropriate for a person to eat, to drink and to find satisfaction in their toilsome labor under the sun during the few days of life God has given them—for this is their lot” (Ecclesiastes 5:18[NIV]). “Toilsome labor” is work that is incessant, extremely hard, or exhausting. That doesn’t sound all that appealing, does it? So why does the Preacher say such labor isgood? Because, he...
Where criminal justice reform meets the redemptive power of work
According to a recent study by the Rand Corporation, “more than 2 million adults are incarcerated in U.S. prisons,” with roughly 700,000 leaving federal and state prisons each year. Of those released, “40 percent will be reincarcerated.” It’s a staggering statistic—one that ought to stir us toward greater reflection on how we might better support, empower, and equip prisoners in connecting with social and economic life. How might we reform our criminal justice system to better help and support these...
Alejandro Chafuen in Forbes: The Moral Aspects of Money
Acton’s own Alejandro Chafuen appeared in Forbes to discuss monetary theories from the ancient Greeks to today’s crytocurrencies. The following is an excerpt from Chafuen’s essay, titled Moralists and Money: From Gold to Bitcoin. For the full article, readers may click here. Monetary topics are some of the first economic issues to be studied with some rigor. Since the first writings by the Greek philosophers, such as Plato, Aristotle, Hesiod and Xenophon, and until the 16th century, the moral questions,...
Review – Arthur Vandenberg: The Man in the Middle of the American Century
^This is a guest post for the Acton PowerBlog. By Gleaves Whitney Some years ago, the bestselling biographer David McCullough outlined the “missing history” of our nation’s capital – the histories that had yet to be written. Among the people he believed merited more in-depth study was Michigan Sen. Arthur Vandenberg. In Hendrik Meijer’s latest biography, Arthur Vandenberg: The Man in the Middle of the American Century, McCullough’s es true – and then some. No less mentator than Cokie Roberts,...
FAQ: What is the ‘U.S.-Mexico Trade Agreement’?
The United States and Mexico renegotiated the terms of their free trade agreement, President Donald Trump announced this week, replacing NAFTA with something he dubbed the “U.S.-Mexico Trade Agreement.” Here are the facts you need to know. Why did the U.S. negotiate a new trade agreement with Mexico? President Trump promised to renegotiate NAFTA during the 2016 presidential campaign, seeking more favorable terms for the U.S. auto industry and manufacturing sector. As of this writing, Canada has not agreed to...
What difference does reaching the middle class make?
Too often, advocating for economically sound policies is dismissed as extraneous to the life of a Christian. Faith leaders may see improving the lot of those living in this world as worthwhile but, fundamentally, outside the Christian’s mission. But if they understood the difference these policies make for “the least of these,” they may reconsider. It may be a cliche to say that those in the West take for granted the kind of daily pleasures and amenities denied much of...
Harry Potter: Venture capitalist
I recently read the first Harry Potter novel to my six-year-old son Brendan, then watched the film with him. It was all the fun I hoped it would be: he is just the right age for it — excitedly asking what is going to happen next and jumping and cheering at the end. As typically happens, I can’t stop at just the first one, so I’ve been watching the rest of the films with my wife Kelly. (I may read...
From Sunday Stalwarts to the Solidly Secular, the strange mix of American religious groups
In America, we have a problem with religious labels: they no longer fit. As a devout evangelical, I always cringe when I hear the label used—mostly for political purposes—to include a range of heretics, political grifters, and nominal Christians who haven’t been to church in decades. But I also tire of hearing the term “nones” used as a synonym for atheists. The reality is that most people in Western Europe consider themselves to be “Christians,” they are less religious than...
John McCain, the Hanoi Hilton, and public virtue
“Sen. John McCain, who passed away on Saturday, is undeniably the most famous prisoner of war held captive and tortured by the North Vietnamese,” says Ray Nothstine in this week’s Acton Commentary. “McCain was one of 591 Americans returned by North Vietnam over several months during ‘Operation ing’ in 1973. But in our current politicized era, McCain’s fame somewhat overshadows the leadership and lessons of many other great Americans tortured by their Marxist captors.” McCain often praised fellow prisoners as...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved