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Streett said the court should get rid of the “de minimus” test because lower courts have used it wrongly to deny religious accommodations. Instead, he said, the court should use the plain language of Title VII, which would define “undue burden” the same way it is in other federal laws, like the Americans with Disabilities Act (ADA).
“A day off is not the special privilege of the religious. Days off, especially on the weekend, are when parents can spend the day with children who are otherwise in school, when people can spend time on the other necessities of life, and when the community enjoys a common day of rest for churchgoers and the nonreligious alike,” the American Postal Workers Union noted in a brief to the court.
Title VII mandates that employers accommodate a worker’s religious observance or practices unless it results in “undue hardship” for the business. In the 1977 case, Trans World Airlines v. Hardison, the Supreme Court defined undue hardship as anything that imposes more than a minor or “de minimis” cost on the employer.
Several groups representing religions in the United States that are in the minority, including Islam, Judaism, and Hinduism, have informed the Supreme Court that the Hardison standard has unfairly impacted them and must be revised, Reuters noted in a prior story and report.
“By allowing employers to refuse to accommodate employees’ beliefs for almost any reason, Hardison forces devout employees to make an impossible daily choice between religious duty and livelihood,” said the Muslim Public Affairs Council in a brief.
“This may be one of those religious liberty cases where the right and the left are actually aligned,” Phillips opined.
In 2013, the Postal Service contracted with Amazon.com to deliver packages, which included Sunday deliveries, in an effort to remain profitable.
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