Home
/
RELIGION & LIBERTY ONLINE
/
A Win for Religious Employees
A Win for Religious Employees
Jan 17, 2026 7:50 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
Review: Reagan & Thatcher
Nicholas Wapshott’s new book Ronald Reagan and Margaret Thatcher: A Political Marriage offers a fresh look at the political relationship and friendship of two profound leaders in the late 20th Century. While the biographical information is not new for those who have read extensive biographies of Reagan and Thatcher, the author examines some of the deep disagreements the two leaders had in foreign policy. While there were arguments between the two over the Falklands War, Grenada, sanctions, and nuclear disarmament,...
Buckley on law and Christian morality
From a CT interview in 1995 by Michael Cromartie: Certain things which the market authorizes simply in terms of law are unchristian and ought not to be done. The big issue today has to do with the fidelity of marriages. The tendency now to leave your wife because you have an infatuation with a younger woman of tenderer flesh is an enormous temptation. It’s carnal, and it’s also easy to justify with all the solipsistic reasoning that we hear today....
Red China struggles to go green
OSD’s Annual Report to Congress on the Military Power of the People’s Republic of China has some illuminating – and somewhat staggering – insight on the current state of affairs with respect to China’s environment and how it influences their national strategic policies. It’s a fascinating look at how the munist nation is dealing with the realities of ing a global superpower. Under the heading “Developments in China’s Grand Strategy, Security Strategy, and Military Strategy” the document includes this bullet:...
Will socialized health care in the US kill Canadians?
Don Surber thinks so, and it’s hard to argue his point when you see stories like this: More than 400 Canadians in the full throes of a heart attack or other cardiac emergency have been sent to the United States because no hospital can provide the lifesaving care they require here. Most of the heart patients who have been sent south since 2003 typically show up in Ontario hospitals, where they are given clot-busting drugs. If those drugs fail to...
Imprisonment and government expenditures
There’s a lot of consternation, much of it justified, about the news that now 1% of the population of the United States is incarcerated. Especially noteworthy is parison of the rate of imprisonment with institutionalization in mental health facilities over the last century. But a breathless headline like this just cannot pass without ment: “Michigan is 1 of 4 states to spend more on prison than college.” Given the fact that policing, including imprisonment, is pretty clearly a legitimate function...
Where do we go from here?
Matt Stone asks the question: What do you think are some of the challenges that remain for Christian environmental theology? I am presuming here that, if you’re the sort of Christian that likes a blog like mine, you’re not the sort of Christian who needs to have the dots joined between Christian ethics, creation care and environmental theology. But where do we go beyond the basic joining of the dots? How much more remains to be done… [snip] Personally I...
Hug your favorite liberal today
Founda study on sociobiology in The Economist (of all places). This passage on the development of liberal vice conservative tendencies was worth a chuckle: Dr Wilson and Dr Storm found several unexpected differences between the groups. Liberal teenagers always felt more stress than conservatives, but were particularly stressed if they could not decide for themselves whom they spent time with. Such choice, or the lack of it, did not change conservative stress levels. Liberals were also loners, spending a quarter...
Rome seminar on Populorum Progressio
Last week, I had the pleasure to attend one of the Acton Institute’s seminars here in Rome. Located at the campus of the Pontifical University of Regina Apostolorum, the seminar drew more than 100 religious and lay persons from all over the world. It was apparent that the topic was not only an interesting one, but also a personal one for many in the room. The presentations dealt with the papal encyclical Populorum Progressio forty years later. Asking the pertinent...
The Faith book blog tour
The PowerBlog has been selected as one of the host blogs for Chuck Colson’s blog tour, promoting his new book, The Faith. It’s an honor to be included among other luminaries of the blogosphere like The Dawn Treader, , and Tall Skinny Kiwi. A bit about the book: In their powerful new book The Faith, Charles Colson and Harold Fickett identify the unshakable tenets of the faith that Christians have believed through the centuries—truths that offer a ground for faith...
Some problems with Protestantism
Following up on our discussion of the Pew survey on the American religious landscape, I have a few thoughts as to what plagues American Protestantism, particularly of the evangelical variety, and it has to do precisely with the “catholicity” of Protestantism. To the extent that people are leaving Protestantism, or are searching for another denomination within the broadly Protestant camp, I think there are at least two connected precipitating causes. (A caveat: there are many, many individual and anecdotal exceptions...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved