SCOTUS is set to hear arguments in an appeal by a former mail carrier in Pennsylvania of a lower court's ruling rejecting his claim of religious discrimination against the Postal Service for refusing to exempt him from working on Sundays.
The justices are set to hear arguments on Tuesday in an appeal by Gerald Groff, a former mail carrier in Pennsylvania, of a lower court's ruling rejecting his claim of religious discrimination against the Postal Service for refusing to exempt him from working on Sundays, when he observes the Christian Sabbath.for repeatedly failing to show up when assigned a Sunday work shift.
Boston University School of Law employment law expert Michael Harper said that a ruling favoring Groff could "give a preference to the religious because they get to stay home on their Sabbath or their day of rest" that would be denied to nonreligious people. "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, when the community enjoys a common day of rest for churchgoers and the nonreligious alike," the American Postal Workers Union said in a brief.
Groff's attorneys have asked the Supreme Court to overturn the Hardison precedent and require companies to show a "significant difficulty or expense" before denying an accommodation. Representing the Postal Service, President Joe Biden's administration told the justices there is no need to reverse Hardison because the Equal Employment Opportunity Commission, the agency that enforces Title VII, and many lower courts already have interpreted that ruling to provide substantial protection for religious employees.
Groff failed to report for assigned Sunday shifts. Postal officials sought to accommodate Groff by attempting to facilitate shift swaps but were not always successful. His absences caused tension among other carriers who had to cover his shifts, the Postal Service said. Groff received several disciplinary letters and resigned in 2019.
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