Navigating the New “Undue Hardship” Standard for Religious Accommodation Requests After Groff v. DeJoy

In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court clarified the undue hardship standard governing religious accommodation claims under Title VII of the Civil Rights Act of 1964 for the first time in nearly 50 years.

Previously, employers applied a “de minimis" standard to determine if providing a requested religious accommodation would impose an undue hardship on their business operations. However, in the post-Groff world, employers must evaluate whether providing the accommodation would result in “substantial increased costs in relation to the conduct of [an employer's] particular business."

How has this standard been applied by trial and appeals courts since the Supreme Court's announcement? What are the practical implications for employers? What open questions still remain?

Littler attorneys weigh in on these questions, offer guidance and share practical suggestions geared toward employers on how to best navigate this new standard.

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