Home
/
RELIGION & LIBERTY ONLINE
/
A Win for Religious Employees
A Win for Religious Employees
Dec 27, 2025 6:22 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
Beyond environment, encyclical emphasizes pope’s commitment to family issues
Paul Kengor, professor of political science at Grove City College, wrote an article published on Crisis Magazine‘s website today demonstrating that although the secular left has championed Laudato Si’, the text goes beyond environmental issues to show the pope’s mitment to family and marriage. The secular left, of course, loves this encyclical. As I write, the farthest reaches of the left, People’s World, house organ of Communist Party USA, has two articles singing atheistic hosannas to the bishop of Rome....
Samuel Gregg: Pope Francis’ Overreach Plagues the Encyclical
Samuel Gregg, director of research at the Acton Institute, recently wrote for The Federalist that the overreach by the Pope into a wide range of environmental issues plagues the text of the encyclical: Neither the pope nor the teaching authority he exercises is required ment on every imaginable subject discussed in the public square, whether it is air-conditioning’s environmental impact, contemporary threats to plankton, the effect of synthetic agrotoxins on birds, or how dams affect animal migration (and, yes, all...
Alejandro Chafuen analyzes Laudato Si’
As an economic leader brought up in Argentina, Alejandro Chafuen, president of Atlas Network, gave his perspective on Pope Francis’s eco-encyclical at Acton University last week: ...
Explainer: What You Should Know About the Obamacare Ruling (King v. Burwell)
In a significant victoryfor the Obama administration, the Supreme Court voted in a6-3 decisioninKing v. Burwellthat the Affordable Care Act authorized federal tax credits for eligible Americans living not only in states with their own exchanges but also in the 34 states with federal exchanges. Here is what you should know about the case and the ruling. What was the case about? At the core of the Affordable Care Act (aka Obamacare), the Court noted, were three key reforms: (1)...
Bruce Walker: On Charleston and Climate Change
In The Morning Sun, a Central Michigan newspaper, frequent PowerBlog contributor Bruce Walker discusses the connection between the Charleston shootings and the recent papal encyclical: The Charleston shooting rampage is a terrible reminder that very real evil manifests itself in this world, presumably performed in the name of all that is malevolent. The sickness that devalues innocent human lives over something as arbitrary as pigmentation to the point the violent taking of those lives somehow makes sense can be only...
Kishore Jayabalan reacts to the eco-encyclical on EWTN
Kishore Jayabalan, director of Istituto Acton in Rome, appeared on EWTN News Nightly last week to talk about the environmental encyclical and the pope’s emphasis on personal virtue and Christian stewardship. On Thursday, mented that the poor will actually be hurt if people consume less, highlighting the need to connect sound economics to poverty alleviation plans: And on Friday, he discussed the pontiff’s emphasis on personal responsibility and virtue, which he said sets Francis apart from most environmentalists: ...
Mark Tooley Gives Evangelical Perspective on the Encyclical
Mark Tooley, President of the Institute on Religion and Democracy, reacts to the recent encyclical from an evangelical perspective: The climate change issue is portrayed by the activists as being a moral issue and they put themselves forward as defenders of the oppressed and the poor around the world. But, in fact, it is the poor, especially the extreme poor, who are the most arguably in need of increased access to what, at this point, only fossil fuels can provide....
50 Key Quotes from the Supreme Court’s Same-Sex Marriage Ruling
The Supreme Court issued its ruling today on the case of Obergefell v. Hodges, legalizing same-sex marriage in all 50 states. (You can find our explainer article on the case here.) Justice Kennedy delivered the opinion of the Court, which was joined by Ginsburg, Breyer, Sotomayor, and Kagan. Justice Roberts filed a dissenting opinion, in which Scalia and Thomas joined. Scalia also wrote an opinion that was joined by Thomas. Thomas also filed a dissenting opinion that was joined by...
Explainer: What You Should Know About the Supreme Court’s Same-Sex Marriage Ruling
What was the same-sex marriage case that was decided by the Supreme Court? The Supreme Court issued its ruling on the case of Obergefell v. Hodges, which is consolidated with three other cases—Tanco v. Haslam(Tennessee);DeBoer v. Snyder(Michigan);Bourke v. Beshear(Kentucky). These cases challenged two issues concerning whether the Fourteenth Amendmentmust guarantee the right for same-sex couples to marry. What issues was the court asked to decide? The two issues that were answered in this case are: 1.Does the Fourteenth Amendment require...
Forty Key Quotes from ‘Catholicism, Ecology and the Environment: A Bishop’s Reflection’
The following e from Dominique Rey’s book Catholicism, Ecology and the Environment: A Bishop’s Reflection, published in 2013 in the Acton Institute Christian Social Thought Series. 1. The current ecological crisis is first of all metaphysical. A confused understanding of the depth of being of things and a lack of respect for reason stands in the way of a correct understanding of the relationship between God and the world. 2. A distinctly Christian ecology must be theological and based on...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved