Bloomberg Law
April 5, 2021, 1:36 PMUpdated: April 5, 2021, 3:20 PM

High Court Leaves In Place Test for Religious Work Requests (1)

Erin Mulvaney
Erin Mulvaney

The U.S. Supreme Court won’t consider the scope of an employer requirement to accommodate religious practices, leaving a standard in place that religious groups oppose.

The justices on Monday declined to review two cases that revolved around workers’ requests to observe their Sabbath, and could have allowed the high court to revisit its decades-old decision in Trans World Airlines v. Hardison, which considered when a religious accommodation poses an undue hardship on an employer.

In that 1977 ruling, the justices defined undue hardship as “more than de minimis cost,” essentially meaning employers don’t have to accommodate a worker if ...

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