Yesterday’s Supreme Court Ruling on Religious Accommodations at Work



By Paul Esker, Attorney

If you attended the Bradley & Riley Labor and Employment Law Seminar a few months ago, you heard our prediction that the Supreme Court would likely use this case to raise the bar for the amount of “hardship” that is required for an employer to deny a religious accommodation request.

In yesterday’s opinion, the Court did exactly this. The Court concluded that an employer may only reject a religious accommodation if the requested accommodation would result in "substantial increased costs” for the employer. 

This specific case involved an employee whose religion precluded him from working on any Sunday, when he observed the Sabbath. But the ruling will have broader implications. In addition to weekly scheduling, the ruling could impact policies governing prayer breaks, uniform requirements, and even job duties—for both current and prospective employees.

At this point, it is unclear how lower courts will apply this new guidance from the Supreme Court. In particular, lower courts and the EEOC will need to clarify precisely what qualifies as a “substantial increased cost.” The Supreme Court “decline[d] to adopt the elaborations of the applicable standard that the parties suggest . . . . A good deal of the EEOC’s guidance in this area is sensible and will, in all likelihood, be unaffected by the Court’s clarifying decision. But it would not be prudent to ratify in toto a body of EEOC interpretation that has not had the benefit of the clarification the Court adopts today. What is most important is that ‘undue hardship’ in Title VII means what it says, and courts should resolve whether a hardship would be substantial in the context of an employer’s business in the commonsense manner that it would use in applying any such test.” (Pp. 18–19) One specific point worth noting: according to the Court, the requirement that an employer “reasonably accommodate” an employee’s religious practice calls for more than a mere assessment of a particular possible accommodation. Consideration of other options, if any, would also be necessary. (Pp. 19-20)

Understandably, employers may have questions about next steps. In order to ensure compliance with new Supreme Court guidance, employers should consider the following:

• Remind supervisors—particularly those with scheduling responsibilities—to consult with Human Resources if an employee requests a religious exemption, and contact legal counsel if you are considering denying any religious accommodation request.
• Reevaluate any employee handbook or policies that relate to religious accommodations.
• Review any requests for religious accommodations that have recently been received or resolved. 
• Consider whether your company can make any preemptive accommodations or adjustments to avoid infringing on employees’ religious liberty, while simultaneously avoiding “substantial increased costs” for your business.

If you have any questions about religious accommodations or this new Supreme Court decision, any member of the Labor and Employment Practice Group at Bradley & Riley PC is ready to assist you in navigating these new waters.