Following up on my earlier publish, Two Views On How Far Employers Should Go In Offering Non secular Lodging To Staff: 4 regulation college spiritual liberty clinics have filed amicus briefs arguing that the publish workplace should accommodate an worker’s observance of the Sabbath in Groff v. DeJoy, No. 21-1900:

• Notre Dame (representing eight spiritual liberty and employment regulation students (together with Bob Cochran (Pepperdine) and Rick Garnett (Notre Dame))
• Pepperdine (representing the Union of Orthodox Jewish Congregations of America)
• Texas (representing spiritual liberty students Asma Uddin (Visiting Assistant Professor, Catholic) and Steven Collis (Director, Texas Regulation & Faith Clinic))
• Yale (representing the Seventh-day Adventist Church in Canada, Atlantic Convention of Seventh-Day Adventists, North Pacific Union Convention of Seventh-Day Adventists, and Nationwide Council of Younger Israel)

For extra on Groff v. DeJoy, see Ahead Op-Ed:  A New Case Earlier than the Supreme Court docket May Make Shabbat Observance Simpler, by Michael Helfand (Brenden Mann Basis Chair in Regulation and Faith, Pepperdine & Visiting Professor of Regulation and Oscar M. Ruebhausen Distinguished Fellow, Yale; Google Scholar):

The Supreme Court docket … will hear one more blockbuster church-state case, Groff v. DeJoy. On the core of the case lies a conundrum that has plagued federal regulation for almost half a century: How far should employers go when offering spiritual lodging?

Till now, the court docket’s interpretation has required little of employers. Unsurprisingly, this place has lengthy roiled, amongst different spiritual minorities, American Jews, who typically discover themselves searching for lodging within the office for spiritual practices comparable to observance of Shabbat. In taking the case, the Supreme Court docket has signaled its willingness to revisit its widely-criticized interpretation of current protections, offering optimism to non secular staff hoping to navigate the competing calls for of religion and work. …

Among the many issues with this prevailing commonplace is that these left most uncovered by the court docket’s stingy interpretation of Title VII have been spiritual minorities, whose practices typically don’t observe the prevailing rhythms of the office. In accordance with one temporary filed earlier than the Supreme Court docket in 2020, almost half of Title VII lodging appeals are filed by spiritual minorities, although these minorities solely account for 15% of the inhabitants. …

Critics extra just lately have questioned what commonplace ought to exchange the present commonplace. Certain, we must always require extra of employers, however how far more? Some have apprehensive that a normal that grants staff an unfettered proper to non secular lodging would generate its personal parade of horribles, comparable to a police officer’s refusal to guard an abortion clinic or a social employee’s demand to make use of Bible readings, versus psychological well being counseling, to heal jail inmates.

However, in different contexts, the regulation has already discovered a fairly profitable center floor. On the subject of the lodging required pursuant to the People with Disabilities Act, for instance, undue hardship is interpreted to imply “vital issue or expense.” Because of this, employers can not fulfill their obligation by merely asserting {that a} requested lodging imposes a “de minimis” burden; as a substitute, they have to lengthen themselves additional in searching for to seek out an lodging for these with disabilities, except doing so will truly generate prices or difficulties which are vital. This commonplace has confirmed workable with regards to lodging below the ADA, offering good purpose to suppose it might work as effectively within the context of spiritual lodging within the office.

Time will inform as to which path the court docket finally chooses. For now, the court docket’s resolution to listen to Groff v. DeJoy holds out the hope of remedying a longstanding fallacious and offering individuals of religion within the office with extra expanded protections. Correctly balanced, these types of lodging will hopefully present a center floor, making certain that the price of coming into the workforce needn’t be the discarding of 1’s religion commitments.

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https://taxprof.typepad.com/taxprof_blog/2023/03/religious-liberty-clinics-notre-dame-pepperdine-texas-yale-supreme-court-amicus-briefs-accommodate-sabbath.html