"Work is essential in human life and is the path to sanctification.""Church for Decent Work" calls for decent job creation policiesDedicate Sunday to work or to God? For Gerald Groff, an evangelical Christian from Pennsylvaniawho worked as a rural mail carrier, the answer is clear: "Sunday is a day on which we gather as believers. We honor the Lord's Day" and it is not possible to dedicate that day to work.
That statement earned him reprimands and warnings of dismissal for absenteeism from his employer, the United States Post Office (USPS). Before he was fired, Groff resigned but sued USPS for "religious discrimination" under Title VII of the Civil Rights Act of 1964 and a 1977 Supreme Court decision known as "Trans World Airlines, Inc. v. Hardison."
His case did not succeed in either a Pennsylvania District Court or its Court of Appeals. Now, the case is being argued in the Supreme Court, which must decide a fundamental question that could affect U.S. labor laws: whether an employer must make allowances for an employee's religious practices, even if it affects the company and other employees. The case is known as "Groff v. DeJoy" because Groff is suing USPS CEO Louis DeJoy.
Employment
Gerald Groff grew up in Lancaster County, Pennsylvania. As a child he attended Mennonite-run schools. He lived across the street from his grandparents' farm. So when his grandfather died, Groff became so close to God that he decided to participate in evangelical Christian missions in various parts of the world. Upon his return to the U.S. he held several jobs until he started working for the USPS in 2012 as a rural mail carrier.
Groff knew he would probably have to work weekends, since mail delivery does not stop. For some time, Groff obtained concessions to not work on Sundays and fill in on other days. However, in 2013 corporate giant Amazon signed a contract with USPS for delivery of merchandise even on Sundays. For some time Groff's situation did not change. However, to avoid future complications Groff switched to a USPS branch with a lower workload.
At their new branch, managers also looked for ways to grant Groff's request. But in 2018 it was impossible to do so due to the absence of employees who could cover shifts on Sundays. Groff was therefore notified that he had to report for duty on Sundays. As he had done several times before, Groff informed his branch manager that he would not do so due to his religious beliefs. His response earned him notices of possible disciplinary action for absenteeism and even termination of his contract. Before that happened Groff resigned, but filed suit in a Pennsylvania District Court.
Legal basis
The basis for this lawsuit was several statutes, including Title VII of the Civil Rights Act of 1964 and a 1977 U.S. Supreme Court decision known as "Trans World Airlines, Inc. v. Hardison". The former prohibits an employer from discriminating against an individual because of his or her religion (defined as "all aspects of religious practice and observance, as well as belief"). When an employee requests reasonable accommodations from his or her employer to exercise his or her faith, the employer must seek ways to grant them, unless they involve unduly burdensome hardship to the business. In this regard, the 1977 Trans World Airlines v. Hardison decision states that such onerous concessions mean that in granting them the employer must "assume a cost greater than the minimum" ("de minimis cost").
USPS and other employers have pointed out that this more-than-minimal cost creates burdensome problems for the business and other workers. When a worker is granted such a leave, someone must work the hours and days that the furloughed employee is absent. And when that arises on a weekly basis, it can create tensions of various kinds among the other employees. In the "Groff v DeJoy" case, the refusal to report to work on Sundays created, according to USPS, a "tense atmosphere and resentment" among the workers.
The Supreme Court will have to decide what are the minimum cost parameters that an employer must demonstrate in the event that it refused to make reasonable religious allowances to an employee. It will not be an easy case as the plaintiff seeks to reverse or at least review the 1977 "Trans World Airlines, Inc. v. Hardison" ruling. The Court is expected to issue a decision in June. This ruling could mark federal labor laws and the meaning of holy days not only for Christians, but for the Jews (on Saturday) and Muslims (Friday).
