Home
/
RELIGION & LIBERTY ONLINE
/
A Win for Religious Employees
A Win for Religious Employees
Jan 4, 2026 8:23 PM

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
More Books of Interest: IVP
For my money, some of the most interesting titles in recent years in the field of Christian scholarship e from IVP Academic (an imprint of InterVarsity Press). The latest catalog features an announcement of Thomas Oden’s How Africa Shaped the Christian Mind, as well as an interview with the author, which prompted a couple reflections. (The interview is available for pdf download here, Fall 2007) I remember my first teaching assignment, a survey course in American history. We were covering...
Global warming consensus alert – consensus breach at the New York Times
I guess I’ll do the honors for first post of the year once again… Availability cascade: An availability cascade is a self-reinforcing process of collective belief formation by which an expressed perception triggers a chain reaction that gives the perception increasing plausibility through its rising availability in public discourse. The driving mechanism involves bination of informational and reputational motives: Individuals endorse the perception partly by learning from the apparent beliefs of others and partly by distorting their public responses in...
Acton media roundup: Jay Richards on Fox and Friends
Acton Research Fellow and Director of Acton Media Jay Richards joined the Fox and Friends crew on Fox News Channel this morning to kick off this presidential election year with some analysis of the role of religion in the Republican presidential primary. For those of you who missed it, here’s the clip: ...
Commercial Society reviewed on University Bookman
The University Bookman, a publication of the Russell Kirk Center, reviews Dr. Samuel Gregg’s The Commercial Society: Foundations and Challenges in a Global Age in its Fall 2007 issue. Actually, the Bookman reviewed it twice. Reviewer Robert Heineman, a professor of political science at Alfred University in New York, described the book as an “exceptionally well written volume” that should be read by anyone concerned about human freedom and progress. Heineman has this to say about Gregg’s discussion of democracy...
Movie review: Charlie Wilson’s War
The newly released Charlie Wilson’s War is a film based on a book that chronicles the semi-secret war that led Afghan freedom fighters to defeat the Soviet military during the 1980s. Tom Hanks plays former Democratic Texas Congressman Charlie Wilson, who is also known as “Good Time Charlie” for his womanizing, drinking, and recreational drug use. The viewer is led to believe Congressman Wilson is not serious about his elected position until he takes up the cause of the Afghan...
The Truth about Tithing
In this week’s Acton Commentary I examine “The Truth about Tithing.” “Whatever benefits we claim to receive from tithing, whether spiritual, emotional, or financial, these are not to be the reason that we give. We give out of obedience to God’s word,” I write. Here’s a link to a Marketplace Money report from last Friday that was the proximate occasion for the piece, “Tithing can be a good investment.” It’s a pretty disgustingly caricatured picture of tithing we get from...
Is Capitalism Moral? — Rev. Sirico on WSJ video
Rev. Robert A. Sirico is interviewed by James Freeman, assistant editor of the Wall Street Journal’s editorial page, about markets and morality and about the Acton Institute’s Call of the Entrepreneur documentary. ...
Journal of Markets & Morality on ATLA Religion
The Journal of Markets & Morality is one of eight journals that has been selected for indexing in the seminally important ATLA Religion Database in 2007. The American Theological Library Association (ATLA) is a professional association of theological libraries and librarians, with almost 300 institutional and 600 individual members. From the ATLA’s website: “The ATLA Religion Database (ATLA RDB) currently indexes more than 500 journal titles and approximately 250 polygraphs each year, and considers new titles for evaluation based on...
‘Liberty Theology’ — WSJ article by Rev. Sirico
In the Wall Street Journal’s Americas column, Rev. Robert A. Sirico examines the shift in thinking about liberation theology among Catholic Church leaders in Latin America. Excerpt: Catholic Church bishops, priests and other Church leaders in Latin America were once a reliable ally of the left, owing to the influence of “liberation theology,” which tries to link the Gospel to the socialist cause. Today the Church ing to recognize the link between socialism and the loss of freedom, and a...
Criminal Justice and Christian Forgiveness
Last Saturday a brief mentary of mine ran in the weekly Religion section of the Grand Rapids Press, “Chandler case exemplifies need to repent.” The occasion for the piece was the sentencing over the last few months of those convicted of involvement in the rape and murder of Janet Chandler in 1979 (more details about the case can be found in the Holland Sentinel’s special coverage section.) Chandler was a student at Holland’s Hope College at the time of her...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved