JTA – In a case that gained support from a wide range of Jewish groups, the Supreme Court unanimously ruled that employers must show a “substantial” burden to deny workers religious accommodation.
In a ruling issued Thursday, the court sided with Gerald Groff, an evangelical Christian mail carrier who asked not to work his Sabbath on Sunday. Jewish groups, which often did not stand on the same side of church-state issues before the court, were unanimous in this matter.
Justice Samuel Alito, writing the opinion, sought to limit much of the 1977 ruling, which faith groups have said for years was too broad in setting standards for religious accommodation to mean nothing .
“We think it is sufficient to say that an employer must show that the burden of providing housing would result in a substantial increase in costs with respect to the operation of its particular business,” Alito said.
In a 1977 decision regarding a Trans World Airlines employee named Larry Hardison who sought to take the Sabbath off, the decision stated that “TWA would be required to bear more than the minimum cost of granting Hardison Saturday off.” The necessity is an undue hardship.” With the new ruling, “adequate” effectively replaces “de minimus” or “minimum” as the standard.
The decision will have far-reaching consequences for Orthodox Jews, said Michael Ader, president of the Orthodox Union.
“Members of our community require accommodations for Sabbath and holiday observance, prayer times, the ability to keep kosher, and more,” he said in a statement. “Such housing enables us to be not only faithful Jews but productive workers and members of American society. This is why the Orthodox Union has taken up the case with the Court in support of Mr. Groff, and we welcome this historic decision.
In this September 20, 2013 file photo, children and adults cross a street in front of a school bus in Borough Park, a neighborhood in New York’s Brooklyn area that is home to many ultra-Orthodox Jewish families. (AP Photo/Bebeto Mathews, File)
Several conservative groups filed amicus briefs last year, This year, the Anti-Defamation League and the American Jewish Committee, civil rights groups that have often argued for church-state separation, Also supported Groff in amicus brief,
“Not every belief or practice can be accommodated, but experience has shown that with some effort and good faith, most can be accommodated,” Mark Stern, AJC’s chief legal officer, said in an email. “The Court’s finding that the burden on employers meant substantial hardship, and not minimal hardship, puts real force in the law.”
Alito cited the Orthodox Union’s amicus brief in his decision. Because of the 1977 decision, Alito quoted the brief as saying, “Orthodox Jews once again [are] Left at the mercy of his employers.”
Ryan Turrell wears a kippa when he plays. (Courtesy Motor City Cruises via JTA)
He also cited the Council on American-Islamic Relations as referring to employer restrictions on clothing, a topic that Orthodox Jews have also cited in the past.
Citing portions of the CAIR amicus brief, Alito wrote, “Muslim women who wear the religiously mandated dress have ‘lost employment opportunities’ and have been forced into ‘critical public institutions such as public schools, law enforcement agencies and youth rehabilitation centers. ‘ has been excluded.”
