Quick Note For Employers Regarding Religious Accommodation

In case you missed it, on the last Thursday in June, the U.S. Supreme Court made it clear in Groff v. Dejoy there is to be a new test to determine whether an employer may deny an employee's religious accommodation request under Title VII of the Civil Rights Act of 1964 ("Title VII"). Unusually for this Court, it ruled unanimously that an accommodation may no longer be rejected if it creates more than a "de minimis" cost. Instead, employers must show that the burden of granting a religious accommodation would result in "substantial increased costs in relation to the conduct of its business."

What Does "Substantial Increased Costs" Mean?

This is to be determined. The Supreme Court provided minimal guidance on how employers meet the "substantial increased costs" standard. It will be up to the lower courts to determine how to apply this new standard on a case-by-case basis.