Sotomayor, J., concurring
SUPREME COURT OF THE UNITED STATES
No. 22–174
GERALD E. GROFF, PETITIONER v. LOUIS DEJOY, POSTMASTER GENERAL
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
[June 29, 2023]
Justice Sotomayor, with whom Justice Jackson joins, concurring.
As both parties here agree, the phrase “more than a de minimis cost” from Trans World Airlines, Inc. v. Hardison, 432 U. S. 63, 84 (1977), was loose language. An employer violates Title VII if it fails “to reasonably accommodate” an employee’s religious observance or practice, unless the employer demonstrates that accommodation would result in “undue hardship on the conduct of the employer’s business.” 42 U. S. C. §2000e(j). The statutory standard is “undue hardship,” not trivial cost.
Hardison, however, cannot be reduced to its “de minimis” language. Instead, that case must be understood in light of its facts and the Court’s reasoning. The Hardison Court concluded that the plaintiff’s proposed accommodation would have imposed an undue hardship on the conduct of the employer’s business because the accommodation would have required the employer either to deprive other employees of their seniority rights under a collective-bargaining agreement, or to incur substantial additional costs in the form of lost efficiency or higher wages. 432 U. S., at 79–81, 83–84, and n. 14. The Equal Employment Opportunity Commission has interpreted Title VII’s undue-hardship standard in this way for seven consecutive Presidential administrations, from President Reagan to President Biden.
