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How to Respond to the Supreme Court's Ruling Making It More Difficult to Refuse a Religious Accommodation Request

In early July the United States Supreme Court held that Title VII requires an employer to show that “the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.” in order to deny a religious accommodation request. Groff v. DeJoy.

This new standard is a much higher bar than the old de minimis cost standard that it replaces. Specifically, the Supreme Court held that showing “more than a de minimis cost” does not suffice to establish “undue hardship” as required under Title VII.

This ruling is in line with the EEOC’s stated position that temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs will probably not be sufficient to constitute an undue hardship sufficient to deny the religious accommodation.

Employers should consider taking steps in response to this new standard.

  • Train managers and HR staff how to respond to religious accommodation requests in light of the new standard.
  • Revise your accommodation policies, practices, and documents.
  • Contact your legal counsel before you deny a request for a religious accommodation.
  • Start a system of tracking religious accommodations, especially if you have more than one worksite. (This is a good idea for all types of requests for accommodation. It will help ensure consistency.)
  • Prepare to address co-workers who may be inconvenienced by the accommodation, stressing the need to comply with the law and to respect their co-workers’ beliefs.

How to Respond to the Supreme Court's Ruling Making It More Difficult to Refuse a Religious Accommodation Request

In early July the United States Supreme Court held that Title VII requires an employer to show that “the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.” in order to deny a religious accommodation request. Groff v. DeJoy.

This new standard is a much higher bar than the old de minimis cost standard that it replaces. Specifically, the Supreme Court held that showing “more than a de minimis cost” does not suffice to establish “undue hardship” as required under Title VII.

This ruling is in line with the EEOC’s stated position that temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs will probably not be sufficient to constitute an undue hardship sufficient to deny the religious accommodation.

Employers should consider taking steps in response to this new standard.

  • Train managers and HR staff how to respond to religious accommodation requests in light of the new standard.
  • Revise your accommodation policies, practices, and documents.
  • Contact your legal counsel before you deny a request for a religious accommodation.
  • Start a system of tracking religious accommodations, especially if you have more than one worksite. (This is a good idea for all types of requests for accommodation. It will help ensure consistency.)
  • Prepare to address co-workers who may be inconvenienced by the accommodation, stressing the need to comply with the law and to respect their co-workers’ beliefs.

How to Respond to the Supreme Court's Ruling Making It More Difficult to Refuse a Religious Accommodation Request

In early July the United States Supreme Court held that Title VII requires an employer to show that “the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.” in order to deny a religious accommodation request. Groff v. DeJoy.

This new standard is a much higher bar than the old de minimis cost standard that it replaces. Specifically, the Supreme Court held that showing “more than a de minimis cost” does not suffice to establish “undue hardship” as required under Title VII.

This ruling is in line with the EEOC’s stated position that temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs will probably not be sufficient to constitute an undue hardship sufficient to deny the religious accommodation.

Employers should consider taking steps in response to this new standard.

  • Train managers and HR staff how to respond to religious accommodation requests in light of the new standard.
  • Revise your accommodation policies, practices, and documents.
  • Contact your legal counsel before you deny a request for a religious accommodation.
  • Start a system of tracking religious accommodations, especially if you have more than one worksite. (This is a good idea for all types of requests for accommodation. It will help ensure consistency.)
  • Prepare to address co-workers who may be inconvenienced by the accommodation, stressing the need to comply with the law and to respect their co-workers’ beliefs.

How to Respond to the Supreme Court's Ruling Making It More Difficult to Refuse a Religious Accommodation Request

In early July the United States Supreme Court held that Title VII requires an employer to show that “the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.” in order to deny a religious accommodation request. Groff v. DeJoy.

This new standard is a much higher bar than the old de minimis cost standard that it replaces. Specifically, the Supreme Court held that showing “more than a de minimis cost” does not suffice to establish “undue hardship” as required under Title VII.

This ruling is in line with the EEOC’s stated position that temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs will probably not be sufficient to constitute an undue hardship sufficient to deny the religious accommodation.

Employers should consider taking steps in response to this new standard.

  • Train managers and HR staff how to respond to religious accommodation requests in light of the new standard.
  • Revise your accommodation policies, practices, and documents.
  • Contact your legal counsel before you deny a request for a religious accommodation.
  • Start a system of tracking religious accommodations, especially if you have more than one worksite. (This is a good idea for all types of requests for accommodation. It will help ensure consistency.)
  • Prepare to address co-workers who may be inconvenienced by the accommodation, stressing the need to comply with the law and to respect their co-workers’ beliefs.

How to Respond to the Supreme Court's Ruling Making It More Difficult to Refuse a Religious Accommodation Request

In early July the United States Supreme Court held that Title VII requires an employer to show that “the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.” in order to deny a religious accommodation request. Groff v. DeJoy.

This new standard is a much higher bar than the old de minimis cost standard that it replaces. Specifically, the Supreme Court held that showing “more than a de minimis cost” does not suffice to establish “undue hardship” as required under Title VII.

This ruling is in line with the EEOC’s stated position that temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs will probably not be sufficient to constitute an undue hardship sufficient to deny the religious accommodation.

Employers should consider taking steps in response to this new standard.

  • Train managers and HR staff how to respond to religious accommodation requests in light of the new standard.
  • Revise your accommodation policies, practices, and documents.
  • Contact your legal counsel before you deny a request for a religious accommodation.
  • Start a system of tracking religious accommodations, especially if you have more than one worksite. (This is a good idea for all types of requests for accommodation. It will help ensure consistency.)
  • Prepare to address co-workers who may be inconvenienced by the accommodation, stressing the need to comply with the law and to respect their co-workers’ beliefs.

How to Respond to the Supreme Court's Ruling Making It More Difficult to Refuse a Religious Accommodation Request

In early July the United States Supreme Court held that Title VII requires an employer to show that “the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.” in order to deny a religious accommodation request. Groff v. DeJoy.

This new standard is a much higher bar than the old de minimis cost standard that it replaces. Specifically, the Supreme Court held that showing “more than a de minimis cost” does not suffice to establish “undue hardship” as required under Title VII.

This ruling is in line with the EEOC’s stated position that temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs will probably not be sufficient to constitute an undue hardship sufficient to deny the religious accommodation.

Employers should consider taking steps in response to this new standard.

  • Train managers and HR staff how to respond to religious accommodation requests in light of the new standard.
  • Revise your accommodation policies, practices, and documents.
  • Contact your legal counsel before you deny a request for a religious accommodation.
  • Start a system of tracking religious accommodations, especially if you have more than one worksite. (This is a good idea for all types of requests for accommodation. It will help ensure consistency.)
  • Prepare to address co-workers who may be inconvenienced by the accommodation, stressing the need to comply with the law and to respect their co-workers’ beliefs.