Supreme Court’s ‘Groff’ Decision Makes It Harder to Reject Religious Accommodations Requests

Bivocational pastors and church planters working secular jobs should pay attention to what the Groff decision means.

Employers must now make a stronger case before denying religious accommodation requests under Title VII of the Civil Rights Act of 1964. The U.S. Supreme Court clarified that denials must be based on a “substantial burden” to the employer’s business—not just a minimal inconvenience.


What Title VII Protects

Title VII prohibits employment discrimination based on:

  • Race
  • Color
  • National origin
  • Gender
  • Religion

It also requires employers to “reasonably accommodate” an employee’s religious practices, unless doing so causes undue hardship to the business.


A Stronger Standard for Religious Requests

For more than four decades, lower courts allowed employers to reject religious accommodations using a low threshold: the “de minimis” standard—meaning any small burden was enough.

But in Groff v. DeJoy (2023), the Supreme Court changed that. The justices made clear that employers must now demonstrate a substantial, real burden if they want to deny a religious accommodation.

This decision offers stronger protections for religious practices in the workplace, including:

  • Wearing religious attire
  • Observing a Sabbath
  • Other sincerely held beliefs

This is especially meaningful for bivocational pastors and church planters working both in ministry and secular jobs.


Who Is Covered?

This ruling only applies to employers subject to Title VII, which means:

  • Engaged in interstate commerce
  • Have 15 or more employees

📚 Many state civil rights laws provide similar protections, often with lower employee thresholds.


The Court’s Clarification

Writing for the Court, Justice Samuel Alito emphasized:

“Most lower courts have incorrectly latched on to ‘de minimis’ as the governing standard.”

He noted that the 1977 case Hardison v. Trans World Airlines used “undue hardship” as the core concept—but lower courts focused instead on the fleeting mention of “de minimis.”

Even the Equal Employment Opportunity Commission (EEOC) has moved away from “de minimis,” acknowledging that the law requires more than a minor cost.

Alito warned that prior interpretations made it harder for minority faiths to seek fair treatment:

“The ‘de minimis’ test … has blessed the denial of even minor accommodation in many cases.”


The Groff Case: Sundays Off

Gerald Groff, an Evangelical Christian, worked for the U.S. Postal Service (USPS) in Pennsylvania.

  • In 2013, USPS began delivering Amazon packages on Sundays.
  • Groff transferred to a location that didn’t yet require Sunday work.
  • When that location later began Sunday deliveries, Groff sought a religious accommodation.

Groff’s lawyer said the request wasn’t formally rejected—but in practice, Groff was disciplined for not working Sundays.

The USPS argued Groff’s request created staffing conflicts and caused disruption. Eventually, Groff resigned and sued.


What the Court Decided

The Supreme Court did not decide whether USPS met the new “substantial burden” standard. Instead, it sent the case back to lower courts to reconsider under the clarified rule.

The Court also didn’t define a precise test for employers—but pointed back to the original Title VII language:

“A hardship is, at a minimum, something hard to bear,” Alito wrote.

He added that relevant considerations include:

  • The specific accommodations requested
  • The nature, size, and costs of the business
  • The practical impact of granting the request

Bias Is Not a Justifiable Burden

The Court made clear that prejudice or hostility toward religion cannot be used to claim hardship.

“A hardship that is attributable to employee animosity to a particular religion … cannot be considered ‘undue,’” Alito said.


Real-World Examples

Example 1:
Pastor Craig applies to be a delivery driver for Amazon. He can’t work Sundays due to his church responsibilities.

  • Old rule: Amazon could argue that even a small inconvenience was enough to deny his request.
  • New rule: Amazon must now show that giving Craig Sundays off would cause substantial difficulty or cost to the company.

Example 2:
Same situation—but this time, Craig applies at a local business with only 10 employees.

  • Title VII does not apply, since the business has fewer than 15 workers.
  • However, state laws may still protect Craig, depending on the jurisdiction.

Contributing Author: Richard R. Hammar, Church Law & Tax Co-Founder and Senior Editor

Matthew Branaugh is an attorney and editor for Church Law & Tax.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

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