Home
/
RELIGION & LIBERTY ONLINE
/
A Win for Religious Employees
A Win for Religious Employees
Jan 11, 2026 12:46 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
Interview: Rev. Sirico on the Market Economy and the Moral Life
Rev. Robert Sirico, author of “Defending the Free Market: The Moral Case for a Free Economy,” appears at a Rome press conference for his book. The Catholic News Agency recently interviewed Acton’s president Rev. Robert Sirico during a press conference held last week in Rome for Vatican journalists. The local media were introduced to his new book, “Defending the Free Market: the Moral Case for a Free Economy.” In the CNA article “Fixing economic crisis requires financial and moral truth,...
The Catholicity of Subsidiarity
Earlier this week we noted that Patrick Brennan posted a paper, “Subsidiarity in the Tradition of Catholic Social Doctrine,” which unpacks some of the recent background and implications for the use of the principle in Catholic social thought. As Brennan observes, “Although present in germ from the first Christian century, Catholic social thought began to emerge as a unified body of doctrine in the nineteenth century….” Brennan goes on to highlight the particularly Thomistic roots of the doctrine of subsidiarity,...
Obama Administration’s Misjudgement of the Nation’s Conscience
Currently, there are forty cases against the Obamacare HHS mandate. The Affordable Care Act of 2010 requires employers to provide, as employee health care, “preventative services” such as abortion and sterilization. John Daniel Davidson, in First Things, says that the president and his administration have grossly misjudged this entire situation. In Davidson’s view, the administration “in their conceit” seemed to think that millions of Americans would simply put aside their deeply held religious and moral convictions and play along with...
Novak Award Winner reflects on influences of Benedict, Michael Novak
Romecontributorto ZENIT, Stefanie DeAngelo, recently interviewed the Acton Institute’s 2012 Novak Award winner, Professor Giovanni Patriarca. During the interview Prof. Patriarca speaks candidly about some of his academic influences, including Michael Novak and Benedict XVI. He also offers his reasons for hope in ing the prolonged global economic crisis. Some Contemporary Reflections: An Itinerary from Novak to Benedict XVI by Stefanie DeAngelo 2012 Novak Award Winner Prof. Giovanni Patriarca ZENIT: You have recently received the Novak Award. What are some...
The FAQs: What is the Fiscal Cliff?
What is the “fiscal cliff”? The term “fiscal cliff”, which is believed to have originated in Congressional testimony by Federal Reserve Chairman Ben Bernanke, refers to the substantial changes to tax and spending policies that are scheduled to automatically take effect in January 2013. The changes are intended to significantly reduce the federal budget deficit. What are the tax and spending policies that will change? Several major tax provisions are set to expire at year’s end: The 2001/2003 Bush tax...
St. John of Damascus in the History of Liberty
Today (Dec. 4) memorated an important, though sometimes little-known, saint: St. John of Damascus. Not only is he important to Church history as a theologian, hymnographer, liturgist, and defender of Orthodoxy, but he is also important, I believe, to the history of liberty. In a series of decrees from 726-729, the Roman (Byzantine) emperor Leo III the Isaurian declared that the making and veneration of religious icons, such as the one to the right, be banned as idolatrous and that...
The Pin that Might Pop the Higher-Ed Bubble
mented last week on the “textbook bubble” (here) and mented in the past on the “higher-ed bubble” and the character of American education more generally (see here, here, and here). To briefly summarize, over the last few decades the quality of higher education has diminished while the cost and the number of people receiving college degrees has increased. The cost is being paid for, in large part, through government subsidized loans. But with the drop in quality and increase in...
Can Capital Markets Be Moral?
Can capital markets be moral? At The Veritas Forum at Cambridge University, Rev. Richard Higginson explains how we should rethink our capital system to avoid problems like the financial crisis. His five part plan includes: 1. Rediscovering capital virtues like moderation and prudence, 2. Adopting sound policy like reducing debt and spreading risk, 3. Reviewing the purposes and scrutinizing the practices of banking by a reputable international body, 4. Continuing to invest and give as a sign of hope, and...
Subsidiarity in the Tradition of Catholic Social Doctrine
Patrick McKinley Brennan, a professor at Villanova University School of Law, has a new paper that considers the place subsidiarity in the tradition of Catholic Social Doctrine: Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle according to which mon good is to be achieved through a plurality of social forms....
Novak Award Winner Assesses Spiritual, Vocational Crisis of Economy
Acton President Rev. Robert Sirico presents the 2012 Novak Award to Prof. Giovanni Patriarca An overflow crowd, which included two current and one former rector of Rome’s pontifical universities, enthusiastically turned out on November 29 to support the winner of the Acton Institute’s Novak Award. Students, professors, journalists, entrepreneurs and politicians alike packed the Aula delle Tesi auditorium at the Pontifical University of Thomas Aquinas to hear Prof. Giovanni Patriarca deliver his lecture “Against Apathy: Reconstruction of a Cultural Identity”....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved