Groff v. DeJoy HTML PDF
Decided: Syllabus | Majority Opinion | Concurrence
Syllabus
GROFF v. DeJOY
35 F. 4th 162, vacated and remanded.
NOTE:âWhere it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
GROFF v. DeJOY, POSTMASTER GENERAL
certiorari to the united states court of appeals for the third circuit
Petitioner Gerald Groff is an Evangelical Christian who believes for religious reasons that Sunday should be devoted to worship and rest. In 2012, Groff took a mail delivery job with the United States Postal Service. Groffâs position generally did not involve Sunday work, but that changed after USPS agreed to begin facilitating Sunday deliveries for Amazon. To avoid the requirement to work Sundays on a rotating basis, Groff transferred to a rural USPS station that did not make Sunday deliveries. After Amazon deliveries began at that station as well, Groff remained unwilling to work Sundays, and USPS redistributed Groffâs Sunday deliveries to other USPS staff. Groff received âprogressive disciplineâ for failing to work on Sundays, and he eventually resigned.
âââGroff sued under Title VII of the Civil Rights Act of 1964, asserting that USPS could have accommodated his Sunday Sabbath practice âwithout undue hardship on the conduct of [USPSâs] business.â 42 U. S. C. §2000e(j). The District Court granted summary judgment to USPS. The Third Circuit affirmed based on this Courtâs decision in Trans World Airlines, Inc. v. Hardison, 432 U. S. 63, which it construed to mean âthat requiring an employer âto bear more than a de minimis costâ to provide a religious accommodation is an undue hardship.â 35 F. 4th 162, 174, n. 18 (quoting 432 U. S., at 84). The Third Circuit found the de minimis cost standard met here, concluding that exempting Groff from Sunday work had âimposed on his coworkers, disrupted the workplace and workflow, and diminished employee morale.â 35 F. 4th, at 175.
Held: Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would re sult in substantial increased costs in relation to the conduct of its particular business. Pp. 4â21.
ââ(a)Â This case presents the Courtâs first opportunity in nearly 50 years to explain the contours of Hardison. The background of that decision helps to explain the Courtâs disposition of this case. Pp. 4â15.
âââ(1) Title VII of the Civil Rights Act of 1964 made it unlawful for covered employers âto fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges [of] employment, because of such individualâs . . . religion.â §2000eâ2(a)(1). As originally enacted, Title VII did not spell out what it meant by discrimination âbecause of . . . religion.â Subsequent regulations issued by the EEOC obligated employers âto make reasonable accommodations to the religious needs of employeesâ whenever doing so would not create âundue hardship on the conduct of the employerâs business.â 29 CFR §1605.1 (1968). In 1970, however, the Sixth Circuit held that Title VII did not require an employer âto accede to or accommodateâ a Sabbath religious practice because to do so âwould raise graveâ Establishment Clause questions. Dewey v. Reynolds Metals Co., 429 F. 2d 324, 334. This Court affirmed Dewey by an evenly divided vote. See 402 U. S. 689. Congress responded by amending Title VII in 1972 to track the EEOCâs regulatory language and to clarify that employers must âreasonably accommodate. . . an employeeâs or prospective employeeâs religious observance or practiceâ unless the employer is âunableâ to do so âwithout undue hardship on the conduct of the employerâs business.â §2000e(j). Pp. 4â6.
âââ(2)Â Hardison concerned an employment dispute that arose prior to the 1972 amendments to Title VII. In 1967, Trans World Airlines hired Larry Hardison to work in a department that operated â24 hours per day, 365 days per yearâ and played an âessential roleâ for TWA by providing parts needed to repair and maintain aircraft. Hardison, 432 U. S., at 66. Hardison later underwent a religious conversion and began missing work to observe the Sabbath. Initial conflicts with Hardisonâs work schedule were resolved, but conflicts resurfaced when he transferred to another position in which he lacked the seniority to avoid work during his Sabbath. Attempts at accommodation failed, and TWA discharged Hardison for insubordination.
ââHardison sued TWA and his union, and the Eighth Circuit sided with Hardison. The Eighth Circuit found that reasonable accommodations were available to TWA, and rejected the defendantsâ Establishment Clause arguments. Hardison v. Trans World Airlines, Inc., 527 F. 2d 33, 42â44. This Court granted certiorari. TWAâs petition for certiorari asked this Court to decide whether the 1972 amendment of Title VII violated the Establishment Clause as applied by the Eighth  Circuit, particularly insofar as that decision had approved an accommodation that allegedly overrode seniority rights granted by the relevant collective bargaining agreement. At the time, some thought that the Courtâs now-abrogated decision in Lemon v. Kurtzman, 403 U. S. 602âwhich adopted a test under which any law whose âprincipal or primary effectâ âwas to advance religionâ was unconstitutional, id., at 612â613âposed a serious problem for the 1972 amendment of Title VII. Ultimately, however, constitutional concerns played no on-stage role in the Courtâs decision in Hardison. Instead, the Courtâs opinion stated that âthe principal issue on which TWA and the union came to this Courtâ was whether Title VII ârequire[s] an employer and a union who have agreed on a seniority system to deprive senior employees of their seniority rights in order to accommodate a junior employeeâs religious practices.â Hardison, 432 U. S., at 83, and n. 14. The Court held that Title VII imposed no such requirement. Id., at 83, and n. 14. This conclusion, the Court found, was âsupported by the fact that seniority systems are afforded special treatment under Title VII itself.â Id., at 81. Applying this interpretation of Title VII and disagreeing with the Eighth Circuitâs evaluation of the factual record, the Court identified no way in which TWA, without violating seniority rights, could have feasibly accommodated Hardisonâs request for an exemption from work on his Sabbath.
ââThe parties had not focused on determining when increased costs amount to âundue hardshipâ under Title VII separately from the seniority issue. But the Courtâs opinion in Hardison contained this oft-quoted sentence: âTo require TWA to bear more than a de minimis cost in order to give Hardison Saturdays off is an undue hardship.â Although many lower courts later viewed this line as the authoritative interpretation of the statutory term âundue hardship,â the context renders that reading doubtful. In responding to Justice Marshallâs dissent, the Court described the governing standard quite differently, stating three times that an accommodation is not required when it entails âsubstantialâ âcostsâ or âexpenditures.â Id., at 83, n. 14. Pp. 6â12.
âââ(3) Even though Hardisonâs reference to âde minimisâ was undercut by conflicting language and was fleeting in comparison to its discussion of the âprincipal issueâ of seniority rights, lower courts have latched on to âde minimisâ as the governing standard. To be sure, many courts have understood that the protection for religious adherents is greater than âmore than . . . de minimisâ might suggest when read in isolation. But diverse religious groups tell the Court that the âde minimisâ standard has been used to deny even minor accommodations. The EEOC has also accepted Hardison as prescribing a âmore than a de minimis costâ test, 29 CFR §1605.2(e)(1), though it has tried  to soften its impact, cautioning against extending the phrase to cover such things as the âadministrative costsâ involved in reworking schedules, the âinfrequentâ or temporary âpayment of premium wages for a substitute,â and âvoluntary substitutes and swapsâ when they are not contrary to a âbona fide seniority system.â §§1605.2(e)(1), (2). Yet some courts have rejected even the EEOCâs gloss on âde minimis,â rejecting accommodations the EEOCâs guidelines consider to be ordinarily required. The Court agrees with the Solicitor General that Hardison does not compel courts to read the âmore than de minimisâ standard âliterallyâ or in a manner that undermines Hardisonâs references to âsubstantialâ cost. Tr. of Oral Arg. 107. Pp. 12â15.
ââ(b)Â The Court holds that showing âmore than a de minimis cost,â as that phrase is used in common parlance, does not suffice to establish âundue hardshipâ under Title VII. Hardison cannot be reduced to that one phrase. In describing an employerâs âundue hardshipâ defense, Hardison referred repeatedly to âsubstantialâ burdens, and that formulation better explains the decision. The Court understands Hardison to mean that âundue hardshipâ is shown when a burden is substantial in the overall context of an employerâs business. This fact-specific inquiry comports with both Hardison and the meaning of âundue hardshipâ in ordinary speech. Pp. 15â21.
âââ(1)Â To determine what an employer must prove to defend a denial of a religious accommodation under Title VII, the Court begins with Title VII's text. The statutory term, âhardship,â refers to, at a minimum, âsomething hard to bearâ and suggests something more severe than a mere burden. If Title VII said only that an employer need not be made to suffer a âhardship,â an employer could not escape liability simply by showing that an accommodation would impose some sort of additional costs. Adding the modifier âundueâ means that the requisite burden or adversity must rise to an âexcessiveâ or âunjustifiableâ level. Understood in this way, âundue hardshipâ means something very different from a burden that is merely more than de minimis, i.e., âvery small or trifling.â The ordinary meaning of âundue hardshipâ thus points toward a standard closer to Hardisonâs references to âsubstantial additional costsâ or âsubstantial expenditures.â 432 U. S., at 83, n. 14. Further, the Courtâs reading of the statutory term comports with pre-1972 EEOC decisions, so nothing in that history plausibly suggests that âundue hardshipâ in Title VII should be read to mean anything less than its meaning in ordinary use. Cf. George v. McDonough, 596 U. S. ___, ___. And no support exists in other factors discussed by the parties for reducing Hardison to its âmore than a de minimis costâ line. Pp. 16â18.
âââ(2) The parties agree that the âde minimisâ test is not right, but they differ in the alternative language they propose. The Court thinks  it is enough to say that what an employer must show is that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business. Hardison, 432 U. S. at 83, n. 14. Courts must apply the test to take into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size, and operating cost of an employer. Pp. 18.
âââ(3)Â The Court declines to adopt the elaborations of the applicable standard that the parties suggest, either to incorporate Americans with Disabilities Act case law or opine that the EEOCâs construction of Hardison has been basically correct. A good deal of the EEOCâs guidance in this area is sensible and will, in all likelihood, be unaffected by the Courtâs clarifying decision. But it would not be prudent to ratify in toto a body of EEOC interpretation that has not had the benefit of the clarification the Court adopts today. What is most important is that âundue hardshipâ in Title VII means what it says, and courts should resolve whether a hardship would be substantial in the context of an employerâs business in the commonsense manner that it would use in applying any such test. Pp. 18â19.
âââ(4) The Court also clarifies several recurring issues. First, as the parties agree, Title VII requires an assessment of a possible accommodationâs effect on âthe conduct of the employerâs business.â §2000e(j). Impacts on coworkers are relevant only to the extent those impacts go on to affect the conduct of the business. A court must analyze whether that further logical step is shown. Further, a hardship that is attributable to employee animosity to a particular religion, to religion in general, or to the very notion of accommodating religious practice, cannot be considered âundue.â Bias or hostility to a religious practice or accommodation cannot supply a defense.
ââSecond, Title VII requires that an employer âreasonably accommodateâ an employeeâs practice of religion, not merely that it assess the reasonableness of a particular possible accommodation or accommodations. Faced with an accommodation request like Groff âs, an employer must do more that conclude that forcing other employees to work overtime would constitute an undue hardship. Consideration of other options would also be necessary. Pp. 19â20.
ââ(c)Â Having clarified the Title VII undue-hardship standard, the Court leaves the context-specific application of that clarified standard in this case to the lower courts in the first instance. Pp. 21.
35 F. 4th 162, vacated and remanded.
âAlito, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Jackson, J., joined.
TOP
Opinion
NOTICE:âThis opinion is subject to formal revision before publication in the United States Reports.âReaders are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors.
SUPREME COURT OF THE UNITED STATES
_________________
No. 22â174
_________________
GERALD E. GROFF, PETITIONER v. LOUIS DeJOY, POSTMASTER GENERAL
on writ of certiorari to the united states court of appeals for the third circuit
âJustice Alito delivered the opinion of the Court.
âTitle VII of the Civil Rights Act of 1964 requires employers to accommodate the religious practice of their employees unless doing so would impose an âundue hardship on the conduct of the employerâs business.â 78 Stat. 253, as amended, 42 U. S. C. §2000e(j). Based on a line in this Courtâs decision in Trans World Airlines, Inc. v. Hardison, 432 U. S. 63, 84 (1977), many lower courts, including the Third Circuit below, have interpreted âundue hardshipâ to mean any effort or cost that is âmore than . . . de minimis.â In this case, however, both partiesâthe plaintiff-petitioner, Gerald Groff, and the defendant-respondent, the Postmaster General, represented by the Solicitor Generalâagree that the de minimis reading of Hardison is a mistake. With the benefit of thorough briefing and oral argument, we today clarify what Title VII requires.
I
âGerald Groff is an Evangelical Christian who believes for religious reasons that Sunday should be devoted to worship and rest, not âsecular laborâ and the âtransport[ation]â of  worldly âgoods.â App. 294. In 2012, Groff began his employment with the United States Postal Service (USPS), which has more than 600,000 employees. He became a Rural Carrier Associate, a job that required him to assist regular carriers in the delivery of mail. When he took the position, it generally did not involve Sunday work. But within a few years, that changed. In 2013, USPS entered into an agreement with Amazon to begin facilitating Sunday deliveries, and in 2016, USPS signed a memorandum of understanding with the relevant union (the National Rural Letter Carriersâ Association) that set out how Sunday and holiday parcel delivery would be handled. During a 2-month peak season, each post office would use its own staff to deliver packages. At all other times, Sunday and holiday deliveries would be carried out by employees (including Rural Carrier Associates like Groff) working from a âregional hub.â For Quarryville, Pennsylvania, where Groff was originally stationed, the regional hub was the Lancaster Annex.
âThe memorandum specifies the order in which USPS employees are to be called on for Sunday work outside the peak season. First in line are each hubâs âAssistant Rural Carriersââ part-time employees who are assigned to the hub and cover only Sundays and holidays. Second are any volunteers from the geographic area, who are assigned on a rotating basis. And third are all other carriers, who are compelled to do the work on a rotating basis. Groff fell into this third category, and after the memorandum of understanding was adopted, he was told that he would be required to work on Sunday. He then sought and received a transfer to Holtwood, a small rural USPS station that had only seven employees and that, at the time, did not make Sunday deliveries. But in March 2017, Amazon deliveries began there as well.
âWith Groff unwilling to work on Sundays, USPS made other arrangements. During the peak season, Sunday deliveries that would have otherwise been performed by Groff  were carried out by the rest of the Holtwood staff, including the postmaster, whose job ordinarily does not involve delivering mail. During other months, Groff âs Sunday assignments were redistributed to other carriers assigned to the regional hub.1 Throughout this time, Groff continued to receive âprogressive disciplineâ for failing to work on Sundays. 35 F. 4th 162, 166 (CA3 2022). Finally, in January 2019, he resigned.2
âA few months later, Groff sued under Title VII, asserting that USPS could have accommodated his Sunday Sabbath practice âwithout undue hardship on the conduct of [USPSâs] business.â 42 U. S. C. §2000e(j). The District Court granted summary judgment to USPS, 2021 WL 1264030 (ED Pa., Apr. 6, 2021), and the Third Circuit affirmed. The panel majority felt that it was âbound by [the] rulingâ in Hardison, which it construed to mean âthat requiring an employer âto bear more than a de minimis costâ to provide a religious accommodation is an undue hardship.â 35 F. 4th, at 174, n. 18 (quoting 432 U. S., at 84). Under Circuit precedent, the panel observed, this was ânot a difficult threshold to pass,â 35 F. 4th, at 174 (internal quotation marks omitted), and it held that this low standard was met in this case. Exempting Groff from Sunday work, the panel found, had âimposed on his coworkers, disrupted  the workplace and workflow, and diminished employee morale.â Id., at 175. Judge Hardiman dissented, concluding that adverse âeffects on USPS employees in Lancaster or Holtwoodâ did not alone suffice to show the needed hardship âon the employerâs business.â Id., at 177 (emphasis in original).
âWe granted Groff âs ensuing petition for a writ of certiorari. 598 U. S. ___ (2023).
II
âBecause this case presents our first opportunity in nearly 50 years to explain the contours of Hardison, we begin by recounting the legal backdrop to that case, including the development of the Title VII provision barring religious discrimination and the Equal Employment Opportunity Commissionâs (EEOCâs) regulations and guidance regarding that prohibition. We then summarize how the Hardison case progressed to final decision, and finally, we discuss how courts and the EEOC have understood its significance. This background helps to explain the clarifications we offer today.
A
âSince its passage, Title VII of the Civil Rights Act of 1964 has made it unlawful for covered employers âto fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges [of] employment, because of such individualâs . . . religion.â 42 U. S. C. §2000eâ2(a)(1) (1964 ed.). As originally enacted, Title VII did not spell out what it meant by discrimination âbecause of . . . religion,â but shortly after the statuteâs passage, the EEOC interpreted that provision to mean that employers were sometimes required to âaccommodateâ the âreasonable religious needs of employees.â 29 CFR § 1605.1(a)(2) (1967). After some tinkering, the EEOC settled on a formulation  that obligated employers âto make reasonable accommodations to the religious needs of employeesâ whenever that would not work an âundue hardship on the conduct of the employerâs business.â 29 CFR § 1605.1 (1968).
âBetween 1968 and 1972, the EEOC elaborated on its understanding of âundue hardshipâ in a âlong line of decisionsâ addressing a variety of policies. Hardison, 432 U. S., at 85 (Marshall, J., dissenting); see Brief for General Conference of Seventh-day Adventists as Amicus Curiae 10â22 (collecting decisions). Those decisions addressed many accommodation issues that still arise frequently today, including the wearing of religious garb3 and time off from work to attend to religious obligations.4
âEEOC decisions did not settle the question of undue hardship. In 1970, the Sixth Circuit held (in a Sabbath case) that Title VII as then written did not require an employer  âto accede to or accommodateâ religious practice because that âwould raise graveâ Establishment Clause questions. Dewey v. Reynolds Metals Co., 429 F. 2d 324, 334. This Court granted certiorari, 400 U. S. 1008, but then affirmed by an evenly divided vote, 402 U. S. 689 (1971).
âResponding to Dewey and another decision rejecting any duty to accommodate an employeeâs observance of the Sabbath, Congress amended Title VII in 1972. Hardison, 432 U. S., at 73â74; id., at 88â89 (Marshall, J., dissenting). Tracking the EEOCâs regulatory language, Congress provided that â[t]he term âreligionâ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employeeâs or prospective employeeâs religious observance or practice without undue hardship on the conduct of the employerâs business.â 42 U. S. C. §2000e(j) (1970 ed., Supp. II).
B
âThe Hardison case concerned a dispute that arose during the interval between the issuance of the EEOCâs âundue hardshipâ regulation and the 1972 amendment to Title VII. In 1967, Larry Hardison was hired as a clerk at the Stores Department in the Kansas City base of Trans World Airlines (TWA). The Stores Department was responsible for providing parts needed to repair and maintain aircraft. Hardison v. Trans World Airlines, 375 F. Supp. 877, 889 (WD Mo. 1974). It played an âessential roleâ and operated â24 hours per day, 365 days per year.â Hardison, 432 U. S., at 66. After taking this job, Hardison underwent a religious conversion. He began to observe the Sabbath by absenting himself from work from sunset on Friday to sunset on Saturday, and this conflicted with his work schedule. The problem was solved for a time when Hardison, who worked in Building 1, switched to the night shift, but it resurfaced when he sought and obtained a transfer to the day shift in  Building 2 so that he could spend evenings with his wife. 375 F. Supp., at 889. In that new building, he did not have enough seniority to avoid work during his Sabbath. Attempts at accommodation failed, and he was eventually âdischarged on grounds of insubordination.â 432 U. S., at 69.
âHardison sued TWA and his union, the International Association of Machinists and Aerospace Workers (IAM).5 The Eighth Circuit found that reasonable accommodations were available, and it rejected the defendantsâ Establishment Clause arguments. Hardison v. Trans World Airlines, Inc., 527 F. 2d 33, 42â44 (1975).
âBoth TWA and IAM then filed petitions for certiorari, with TWAâs lead petition asking this Court to decide whether the 1972 amendment of Title VII violated the Establishment Clause as applied in the decision below, particularly insofar as that decision had approved an accommodation that allegedly overrode seniority rights granted by the relevant collective bargaining agreement.6 The Court granted both petitions. 429 U. S. 958 (1976).
âWhen the Court took that action, all counsel had good reason to expect that the Establishment Clause would figure prominently in the Courtâs analysis. As noted above, in June 1971, the Court, by an equally divided vote, had affirmed the Sixth Circuitâs decision in Dewey, which had heavily relied on Establishment Clause avoidance to reject the interpretation of Title VII set out in the EEOCâs reasonable-accommodation guidelines. Just over three weeks later, the Court had handed down its (now abrogated)7 decision in Lemon v. Kurtzman, 403 U. S. 602 (1971) which  adopted a test under which any law whose âprincipal or primary effectâ âwas to advance religionâ was unconstitutional. Id., at 612â613. Because it could be argued that granting a special accommodation to a religious practice had just such a purpose and effect, some thought that Lemon posed a serious problem for the 1972 amendment of Title VII. And shortly before review was granted in Hardison, the Court had announced that the Justices were evenly divided in a case that challenged the 1972 amendment as a violation of the Establishment Clause. Parker Seal Co. v. Cummins, 429 U. S. 65 (1976) (per curiam).
âAgainst this backdrop, both TWA and IAM challenged the constitutionality of requiring any accommodation for religious practice. The Summary of Argument in TWAâs brief began with this categorical assertion: âThe religious accommodation requirement of Title VII violates the Establishment Clause of the First Amendment.â Brief for Petitioner TWA in O. T. 1976, No. 75â1126, p. 19. Applying the three-part Lemon test, TWA argued that any such accommodation has the primary purpose and effect of advancing religion and entails âpervasiveâ government âentanglement . . . in religious issues.â Brief for Petitioner TWA in No. 75â1126, at 20. The unionâs brief made a similar argument, Brief for Petitioner IAM, O. T. 1976, No. 75â1126, pp. 21â24, 50â72, but stressed the special status of seniority rights under Title VII, id., at 24â36.
âDespite the prominence of the Establishment Clause in the briefs submitted by the parties and their amici,8 constitutional concerns played no on-stage role in the Courtâs opinion, which focused instead on seniority rights.9 The  opinion stated that âthe principal issue on which TWA and the union came to this Courtâ was whether Title VII ârequire[s] an employer and a union who have agreed on a seniority system to deprive senior employees of their seniority rights in order to accommodate a junior employeeâs religious practices.â 432 U. S., at 83, and n. 14. The Court held that Title VII imposed no such requirement. Ibid. This conclusion, the Court found, was âsupported by the fact that seniority systems are afforded special treatment under Title VII itself.â Id., at 81. It noted that Title VII expressly provides special protection for â âbona fide seniority . . . system[s],â â id., at 81â82 (quoting 42 U. S. C. §2000eâ2(h)), and it cited precedent reading the statute â âto make clear that  the routine application of a bona fide seniority system [is] not . . . unlawful under Title VII.â â 432 U. S., at 82 (quoting Teamsters v. United States, 431 U. S. 324, 352 (1977)). Invoking these authorities, the Court found that the statute did not require an accommodation that involuntarily deprived employees of seniority rights. 432 U. S., at 80.10
âApplying this interpretation of Title VII and disagreeing with the Eighth Circuitâs evaluation of the factual record, the Court identified no way in which TWA, without violating seniority rights, could have feasibly accommodated Hardisonâs request for an exemption from work on his Sabbath. The Court found that not enough co-workers were willing to take Hardisonâs shift voluntarily, that compelling them to do so would have violated their seniority rights, and that leaving the Stores Department short-handed would have adversely affected its âessentialâ mission. Id., at 68, 80.
âThe Court also rejected two other options offered in Justice Marshallâs dissent: (1) paying other workers overtime wages to induce them to work on Saturdays and making up for that increased cost by requiring Hardison to work overtime for regular wages at other times and (2) forcing TWA to pay overtime for Saturday work for three months, after which, the dissent thought, Hardison could transfer back to the night shift in Building 1. The Court dismissed both of these options as not âfeasible,â id., at 83, n. 14, but it provided no explanation for its evaluation of the first. In dissent, Justice Marshall suggested one possible reason: that the collective bargaining agreement might have disallowed Hardisonâs working overtime for regular wages. Id., at 95 (dissenting opinion). But the majority did not embrace that explanation.
 âAs for the second, the Court disputed the dissentâs conclusion that Hardison, if he moved back to Building 1, would have had enough seniority to choose to work the night shift. Id., at 83, n. 14. That latter disagreement was key. The dissent thought that Hardison could have resumed the night shift in Building 1 after just three months, and it therefore calculated what it would have cost TWA to pay other workersâ overtime wages on Saturdays for that finite period of time. According to that calculation, TWAâs added expense for three months would have been $150 (about $1,250 in 2022 dollars).11 Id., at 92, n. 6. But the Court doubted that Hardison could have regained the seniority rights he had enjoyed in Building 1 prior to his transfer, and if that were true, TWA would have been required to pay other workers overtime for Saturday work indefinitely. Even under Justice Marshallâs math, that would have worked out to $600 per year at the time, or roughly $5,000 per year today.
âIn the briefs and at argument, little space was devoted to the question of determining when increased costs amount to an âundue hardshipâ under the statute, but a single, but oft-quoted, sentence in the opinion of the Court, if taken literally, suggested that even a pittance might be too much for an employer to be forced to endure. The line read as follows: âTo require TWA to bear more than a de minimis cost in order to give Hardison Saturdays off is an undue hardship.â Id., at 84.
âAlthough this line would later be viewed by many lower courts as the authoritative interpretation of the statutory term âundue hardship,â it is doubtful that it was meant to take on that large role. In responding to Justice Marshallâs dissent, the Court described the governing standard quite  differently, stating three times that an accommodation is not required when it entails âsubstantialâ âcostsâ or âexpenditures.â Id., at 83, n. 14. This formulation suggests that an employer may be required to bear costs and make expenditures that are not âsubstantial.â Of course, there is a big difference between costs and expenditures that are not âsubstantialâ and those that are âde minimis,â which is to say, so âvery small or triflingâ that that they are not even worth noticing. Blackâs Law Dictionary 388 (5th ed. 1979).
âThe Courtâs response to Justice Marshallâs estimate of the extra costs that TWA would have been required to foot is also telling. The majority did not argue that Justice Marshallâs math produced considerably âmore than a de minimis costâ (as it certainly did). Instead, the Court responded that Justice Marshallâs calculation involved assumptions that were not âfeasible under the circumstancesâ and would have produced a different conflict with âthe seniority rights of other employees.â 432 U. S., at 83, n. 14; see Brief for United States 29, n. 4 (noting that Hardison âspecifically rejectedâ the dissentâs calculations and that it is âwrong to assertâ that Hardison held that a $150 cost was an undue hardship).
âUltimately, then, it is not clear that any of the possible accommodations would have actually solved Hardisonâs problem without transgressing seniority rights. The Hardison Court was very clear that those rights were off-limits. Its guidance on âundue hardshipâ in situations not involving seniority rights is much less clear.
C
âEven though Hardisonâs reference to âde minimisâ was undercut by conflicting language and was fleeting in comparison to its discussion of the âprincipal issueâ of seniority rights, lower courts have latched on to âde minimisâ as the governing standard.
âTo be sure, as the Solicitor General notes, some lower  courts have understood that the protection for religious adherents is greater than âmore than . . . de minimisâ might suggest when read in isolation. But a bevy of diverse religious organizations has told this Court that the de minimis test has blessed the denial of even minor accommodation in many cases, making it harder for members of minority faiths to enter the job market. See, e.g., Brief for The Sikh Coalition et al. as Amici Curiae 15, 19â20 (âthe de minimis standard eliminates any meaningful mandate to accommodate Sikh practices in the workplaceâ and âemboldens employers to deny reasonable accommodation requestsâ); Brief for Council on American-Islamic Relations as Amicus Curiae 3 (Muslim women wearing religiously mandated attire âhave lost employment opportunitiesâ and have been excluded from âcritical public institutions like public schools, law enforcement agencies, and youth rehabilitation centersâ); Brief for Union of Orthodox Jewish Congregations of America as Amicus Curiae 14â15 (because the âde minimis costâ test âcan be satisfied in nearly any circumstance,â âOrthodox Jews once again [are] left at the mercy of their employersâ good gracesâ); Brief for Seventh-day Adventist Church in Canada et al. as Amici Curiae 8 (joint brief of Sabbatarian faiths arguing that Sabbath accommodation under the de minimis standard is left to âtheir employersâ and coworkersâ goodwillâ).
âThe EEOC has also accepted Hardison as prescribing a â âmore than a de minimis costâ â test, 29 CFR §1605.2(e)(1) (2022), but has tried in some ways to soften its impact. It has specifically cautioned (as has the Solicitor General in this case) against extending the phrase to cover such things as the âadministrative costsâ involved in reworking schedules, the âinfrequentâ or temporary âpayment of premium wages for a substitute,â and âvoluntary substitutes and swapsâ when they are not contrary to a âbona fide seniority system.â §§1605.2(e)(1), (2).
âNevertheless, some courts have rejected even the EEOCâs  gloss on âde minimis.â12 And in other cases, courts have rejected accommodations that the EEOCâs guidelines consider to be ordinarily required, such as the relaxation of dress codes and coverage for occasional absences.13 âMembers of this Court have warned that, if the de minimis rule represents the holding of Hardison, the decision might have to be reconsidered. Small v. Memphis Light, Gas & Water, 593 U. S. ___ (2021) (Gorsuch, J., dissenting from denial of certiorari); Patterson v. Walgreen Co., 589 U. S. ___ (2020) (Alito, J., concurring in denial of certiorari). Four years ago, the Solicitor Generalâjoined on its brief by the EEOCâlikewise took that view. Brief for United States as Amicus Curiae in Patterson v. Walgreen Co., O. T. 2019, No. 18â349, p. 20 (âContrary to Hardison, therefore, an âundue hardshipâ is not best interpreted to mean âmore than a de minimis costâ â).
âToday, the Solicitor General disavows its prior position that Hardison should be overruledâbut only on the understanding that Hardison does not compel courts to read the  âmore than de minimisâ standard âliterallyâ or in a manner that undermines Hardisonâs references to âsubstantialâ cost.14 Tr. of Oral Arg. 107. With the benefit of comprehensive briefing and oral argument, we agree.15
III
âWe hold that showing âmore than a de minimis cost,â as that phrase is used in common parlance, does not suffice to establish âundue hardshipâ under Title VII. Hardison cannot be reduced to that one phrase. In describing an employerâs âundue hardshipâ defense, Hardison referred repeatedly to âsubstantialâ burdens, and that formulation better explains the decision. We therefore, like the parties, understand Hardison to mean that âundue hardshipâ is shown when a burden is substantial in the overall context  of an employerâs business. See Tr. of Oral Arg. 61â62 (argument of Solicitor General). This fact-specific inquiry comports with both Hardison and the meaning of âundue hardshipâ in ordinary speech.
A
âAs we have explained, we do not write on a blank slate in determining what an employer must prove to defend a denial of a religious accommodation, but we think it reasonable to begin with Title VIIâs text. After all, as we have stressed over and over again in recent years, statutory interpretation must âbegi[n] with,â and ultimately heed, what a statute actually says. National Assn. of Mfrs. v. Department of Defense, 583 U. S. 109, ___ (2018) (slip op., at 15) (internal quotation marks omitted); see Bartenwerfer v. Buckley, 598 U. S. 69, 74 (2023); Intel Corp. Investment Policy Comm. v. Sulyma, 589 U. S. ___, ___â___, ___ (2020) (slip op., at 5â6, 9).âHere, the key statutory term is âundue hardship.â In common parlance, a âhardshipâ is, at a minimum, âsomething hard to bear.â Random House Dictionary of the English Language 646 (1966) (Random House). Other definitions go further. See, e.g., Websterâs Third New International Dictionary 1033 (1971) (Websterâs Third) (âsomething that causes or entails suffering or privationâ); American Heritage Dictionary 601 (1969) (American Heritage) (â[e]xtreme privation; adversity; sufferingâ); Blackâs Law Dictionary, at 646 (âprivation, suffering, adversityâ). But under any definition, a hardship is more severe than a mere burden. So even if Title VII said only that an employer need not be made to suffer a âhardship,â an employer could not escape liability simply by showing that an accommodation would impose some sort of additional costs. Those costs would have to rise to the level of hardship, and adding the modifier âundueâ means that the requisite burden, privation, or adversity must rise to an âexcessiveâ or âunjustifiableâ level. Random House 1547; see, e.g., Websterâs Third  2492 (âinappropriate,â âunsuited,â or âexceeding or violating propriety or fitnessâ); American Heritage 1398 (âexcessiveâ). The Government agrees, noting that â âundue hardship means something greater than hardship.â â Brief for United States 30; see id., at 39 (arguing that âaccommodations should be assessed while âkeep[ing] in mind both words in the key phrase of the actual statutory text: âundueâ and âhardshipâ â â (quoting Adeyeye v. Heartland Sweeteners, LLC, 721 F. 3d 444, 456 (CA7 2013)).
âWhen âundue hardshipâ is understood in this way, it means something very different from a burden that is merely more than de minimis, i.e., something that is âvery small or trifling.â Blackâs Law Dictionary, at 388. So considering ordinary meaning while taking Hardison as a given, we are pointed toward something closer to Hardisonâs references to âsubstantial additional costsâ or âsubstantial expenditures.â 432 U. S., at 83, n. 14.
âSimilarly, while we do not rely on the pre-1972 EEOC decisions described above to define the term, we do observe that these decisions often found that accommodations that entailed substantial costs were required. See supra, at 5, nn. 3â4. Nothing in this history plausibly suggests that âundue hardshipâ in Title VII should be read to mean anything less than its meaning in ordinary use. Cf. George v. McDonough, 596 U. S. ___, ___ (2022) (slip op., at 5) (a ârobust regulatory backdropâ can âfil[l] in the detailsâ of a statutory schemeâs use of a specific term).
âIn short, no factor discussed by the partiesâthe ordinary meaning of âundue hardship,â the EEOC guidelines that Hardison concluded that the 1972 amendment â âratified,â â 432 U. S., at 76, n. 11 (internal quotation marks omitted), the use of that term by the EEOC prior to those amendments, and the common use of that term in other statutesâsupports reducing Hardison to its âmore than a de minimis costâ line. See Brief for United States 39 (arguing that âthe Court could emphasize that Hardisonâs language does not  displace the statutory standardâ).
B
âIn this case, both parties agree that the âde minimisâ test is not right, but they differ slightly in the alternative language they prefer. Groff likes the phrase âsignificant difficulty or expense.â Brief for Petitioner 15; Reply Brief 2. The Government, disavowing its prior position that Title VIIâs text requires overruling Hardison, points us to Hardisonâs repeated references to âsubstantial expendituresâ or âsubstantial additional costs.â Brief for United States 28â29 (citing 432 U. S., at 83â84, and n. 14); see Brief for United States 39. We think it is enough to say that an employer must show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business. Hardison, 432 U. S., at 83, n. 14.
âWhat matters more than a favored synonym for âundue hardshipâ (which is the actual text) is that courts must apply the test in a manner that takes into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, âsize and operating cost of [an] employer.â Brief for United States 40 (internal quotation marks omitted).
C
âThe main difference between the parties lies in the further steps they would ask us to take in elaborating upon their standards. Groff would not simply borrow the phrase âsignificant difficulty or expenseâ from the Americans with Disabilities Act (ADA) but would have us instruct lower courts to âdraw upon decades of ADA caselaw.â Reply Brief 13. The Government, on the other hand, requests that we opine that the EEOCâs construction of Hardison has been basically correct. Brief for United States 39.
 âBoth of these suggestions go too far. We have no reservations in saying that a good deal of the EEOCâs guidance in this area is sensible and will, in all likelihood, be unaffected by our clarifying decision today. After all, as a public advocate for employee rights, much of the EEOCâs guidance has focused on what should be accommodated. Accordingly, todayâs clarification may prompt little, if any, change in the agencyâs guidance explaining why no undue hardship is imposed by temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs. See 29 CFR §1605.2(d). But it would not be prudent to ratify in toto a body of EEOC interpretation that has not had the benefit of the clarification we adopt today. What is most important is that âundue hardshipâ in Title VII means what it says, and courts should resolve whether a hardship would be substantial in the context of an employerâs business in the common-sense manner that it would use in applying any such test.
D
âThe erroneous de minimis interpretation of Hardison may have had the effect of leading courts to pay insufficient attention to what the actual text of Title VII means with regard to several recurring issues. Since we are now brushing away that mistaken view of Hardisonâs holding, clarification of some of those issuesâin line with the partiesâ agreement in this caseâis in order.
âFirst, on the second question presented, both parties agree that the language of Title VII requires an assessment of a possible accommodationâs effect on âthe conduct of the employerâs business.â 42 U. S. C. §2000e(j); see 35 F. 4th, at 177â178 (Hardiman, J., dissenting). As the Solicitor General put it, not all âimpacts on coworkers . . . are relevant,â but only âcoworker impactsâ that go on to âaffec[t] the conduct of the business.â Tr. of Oral Arg. 102â104. So an accommodationâs effect on co-workers may have ramifications for the conduct of the employerâs business, but a court  cannot stop its analysis without examining whether that further logical step is shown in a particular case.
âOn this point, the Solicitor General took pains to clarify that some evidence that occasionally is used to show âimpactsâ on coworkers is âoff the tableâ for consideration. Id., at 102. Specifically, a coworkerâs dislike of âreligious practice and expression in the workplaceâ or âthe mere fact [of] an accommodationâ is not âcognizable to factor into the undue hardship inquiry.â Id., at 89â90. To the extent that this was not previously clear, we agree. An employer who fails to provide an accommodation has a defense only if the hardship is âundue,â and a hardship that is attributable to employee animosity to a particular religion, to religion in general, or to the very notion of accommodating religious practice cannot be considered âundue.â If bias or hostility to a religious practice or a religious accommodation provided a defense to a reasonable accommodation claim, Title VII would be at war with itself. See id., at 89 (argument of Solicitor General) (such an approach would be âgiving effect to religious hostilityâ); contra, EEOC v. Samboâs of Georgia, Inc., 530 F. Supp. 86, 89 (ND Ga. 1981) (considering as hardship â[a]dverse customer reactionâ from âa simple aversion to, or discomfort in dealing with, bearded peopleâ).
âSecond, as the Solicitor Generalâs authorities underscore, Title VII requires that an employer reasonably accommodate an employeeâs practice of religion, not merely that it assess the reasonableness of a particular possible accommodation or accommodations. See Adeyeye, 721 F. 3d, at 455; see also Brief for United States 30, 33, 39. This distinction matters. Faced with an accommodation request like Groff âs, it would not be enough for an employer to conclude that forcing other employees to work overtime would constitute an undue hardship. Consideration of other options, such as voluntary shift swapping, would also be necessary. âââ
 IV
âHaving clarified the Title VII undue-hardship standard, we think it appropriate to leave the context-specific application of that clarified standard to the lower courts in the first instance. The Third Circuit assumed that Hardison prescribed a âmore than a de minimis costâ test, 35 F. 4th, at 175, and this may have led the court to dismiss a number of possible accommodations, including those involving the cost of incentive pay, or the administrative costs of coordination with other nearby stations with a broader set of employees. Without foreclosing the possibility that USPS will prevail, we think it appropriate to leave it to the lower courts to apply our clarified context-specific standard, and to decide whether any further factual development is needed.
*ââ*ââ*
âThe judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion. ââ
ââââââIt is so ordered.
Notes
1 Other employees complained about the consequences of Groff âs absences. While the parties dispute some of the details, it appears uncontested that at least one employee filed a grievance asserting a conflict with his contractual rights. After disputing any conflict with contract rights, USPS eventually settled that claim, with the settlement reaffirming USPSâs commitment to the Memorandum of Understanding. App. 118, 125â126.
2 Groff represents that his resignation was in light of expected termination, and the District Court found âa genuine issue of material factâ foreclosed summary judgment as to whether Groff suffered an adverse employment action. 2021 WL 1264030,*8 (ED Pa., Apr. 6, 2021). The Government does not dispute the point in this Court.
3 See, e.g., EEOC Dec. No. 71â779, 1970 WL 3550, *2 (Dec. 21, 1970) (no undue hardship in permitting nurse to wear religious headscarf).
4 See EEOC Dec. No. 71â463, 1970 WL 3544, *1â*2 (Nov. 13, 1970) (no âundue hardshipâ or âunreasonable burde[n]â for employer to train co-worker to cover two-week religious absence); EEOC Dec. No. 70â580, 1970 WL 3513, *1â*2 (Mar. 2, 1970) (manufacturing employer asked to accommodate sundown-to-sundown Sabbath observance did not carry âburden . . . to demonstrate undue hardshipâ where it did not address âwhether another employee could be trained to substitute for the Charging Party during Sabbath days, or whether already qualified personnel ha[d] been invited to work a double shiftâ); EEOC Dec. No. 70â670, 1970 WL 3518, *2 (Mar. 30, 1970) (no âundue âhardshipâ â in having other employees take on a few more on-call Saturdays per year); see also EEOC Dec. No. 70â110, 1969 WL 2908, *1â*2 (Aug. 27, 1969) (employer could not deny employee all Sunday âovertime opportunitiesâ on basis of employeeâs religious inability to work Saturday, where others not working the full weekend had been accommodated, notwithstanding employerâs claim of âconsiderable expenseâ); EEOC Dec. No. 70â99, 1969 WL 2905, *1 (Aug. 27, 1969) (no obligation to accommodate seasonal employee unavailable for Saturday work, where employer showed both âno available pool of qualified employeesâ to substitute and a âpractical impossibility of obtaining and training an employeeâ to cover one day a week for six weeks).
5 âLabor organization[s]â themselves were and are bound by Title VIIâs nondiscrimination rules. 42 U. S. C. §2000eâ2(c) (1964 ed.).
6 See Pet. for Cert. in Trans World Airlines, Inc. v. Hardison, O. T. 1975, No. 75â1126, pp. 2â3, 17â22.
7 See Kennedy v. Bremerton School Dist., 597 U. S. ___, ___ (2022) (slip op., at 22).
8 See, e.g., Brief for Chrysler Corporation as Amicus Curiae 6â20 (arguing an Establishment Clause violation), and Brief for State of Michigan as Amicus Curiae 20â25 (arguing no conflict with the Establishment Clause), in Trans World Airlines, Inc. v. Hardison, O. T. 1976, No. 75â1126 etc.
9 The background summarized above and the patent clash between the ordinary meaning of âundue hardshipâ and âmore than . . . de minimisâ led some to interpret the decision to rest on Establishment Clause concerns. Justice Marshall observed in his Hardison dissent that the majority opinion âha[d] the singular advantage of making consideration of petitionersâ constitutional challenge unnecessary.â 432 U. S., at 89. A few courts assumed that Hardison actually was an Establishment Clause decision. See, e.g., Gibson v. Missouri Pacific R. Co., 620 F. Supp. 85, 88â89 (ED Ark. 1985) (concluding that requiring an employer to âincur greater than de minimis costsâ related to accommodating a Sabbath âwould therefore violate the establishment clauseâ); see also Massachusetts Bay Transp. Auth. v. Massachusetts Commân Against Discrimination, 450 Mass. 327, 340â341, and n. 15, 879 N. E. 2d 36, 46â48, and n.15 (2008) (construing state law narrowly on premise that Hardison might state outer constitutional bounds). Some constitutional scholars also suggested that Hardison must have been based on constitutional avoidance. See, e.g., P. Karlan & G. Rutherglen, Disabilities, Discrimination, and Reasonable Accommodation, 46 Duke L. J. 1, 6â7 (1996); M. McConnell, Accommodation of Religion: An Update and a Response to the Critics, 60 Geo. Wash. L. Rev. 685, 704 (1992); cf. Small v. Memphis Light, Gas & Water, 952 F. 3d 821, 829 (CA6 2020) (Thapar, J., concurring). In doing so, some have pointed to Hardisonâs passing reference to a need to avoid âunequal treatment of employees on the basis of their religion.â 432 U. S., at 84. But the Court later clarified that âTitle VII does not demand mere neutrality with regard to religious practicesâ but instead âgives them favored treatmentâ in order to ensure religious personsâ full participation in the workforce. EEOC v. Abercrombie & Fitch Stores, Inc., 575 U. S. 768, 775 (2015).
10 We do not understand Groff to challenge the continued vitality of Hardisonâs core holding on its âprincipal issueâ (bracketing his disputes that the memorandum of understanding set forth a seniority system). 432 U. S., at 83, and n. 14.
11 The dissent appears to have drawn its estimate from Hardisonâs daily rate at the time of termination ($3.37/hour) and deposition testimony on typical overtime rates and shift lengths. See App. in No. 75â1126 etc., at pp. 40, 126.
12 For example, two years ago, the Seventh Circuit told the EEOC that it would be an undue hardship on Wal-Mart (the Nationâs largest private employer, with annual profits of over $11 billion) to be required to facilitate voluntary shift-trading to accommodate a prospective assistant managerâs observance of the Sabbath. EEOC v. Walmart Stores East, L. P., 992 F. 3d 656, 659â660 (2021). See Walmart Inc., Wall Street Journal Markets (June 4, 2023).
13 See, e.g., Wagner v. Saint Josephâs/Candler Health System, Inc., 2022 WL 905551, *4â*5 (SD Ga., Mar. 28, 2022) (Orthodox Jew fired for taking off for High Holy Days); Camara v. Epps Air Serv., Inc., 292 F. Supp. 3d 1314, 1322, 1331â1332 (ND Ga., 2017) (Muslim woman who wore a hijab fired because the sight of her might harm the business in light of ânegative stereotypes and perceptions about Muslimsâ); El-Amin v. First Transit, Inc., 2005 WL 1118175, *7â*8 (SD Ohio, May 11, 2005) (Muslim employee terminated where religious services conflicted with âtwo hoursâ of training a week during a month of daily training); EEOC v. Samboâs of Ga., Inc., 530 F. Supp. 86, 91 (ND Ga., 1981) (hiring a Sikh man as a restaurant manager would be an undue hardship because his beard would have conflicted with âcustomer preferenceâ).
14 At the certiorari stage, the Government argued against review by noting that Government employees receive âat least as much protection for religious-accommodation claims [under the Religious Freedom Restoration Act (RFRA)] as [under] any interpretation of Title VII.â Brief in Opposition 9. Courts have not always agreed on how RFRAâs cause of actionâwhich does not rely on employment statusâinteracts with Title VIIâs cause of action, and the Third Circuit has treated Title VII as exclusively governing at least some employment-related claims brought by Government employees. Compare Francis v. Mineta, 505 F. 3d 266, 271 (CA3 2007), with Tagore v. United States, 735 F. 3d 324, 330â331 (CA5 2013) (federal employeeâs RFRA claim could proceed even though de minimis standard foreclosed Title VII claim). Because Groff did not bring a RFRA claim, we need not resolve today whether the Government is correct that RFRA claims arising out of federal employment are not displaced by Title VII.
15 In addition to suggesting that Hardison be revisited, some Justices have questioned whether Hardison (which addresses the pre-1972 EEOC Guidelines) binds courts interpreting the current version of Title VII. See Abercrombie, 575 U. S., at 787, n. (Thomas, J., concurring in part and dissenting in part). As explained below, because weâlike the Solicitor Generalâconstrue Hardison as consistent with the ordinary meaning of âundue hardship,â we need not reconcile any divergence between Hardison and the statutory text.
TOP
Concurrence
SUPREME COURT OF THE UNITED STATES
_________________
No. 22â174
_________________
GERALD E. GROFF, PETITIONER v. LOUIS DeJOY, POSTMASTER GENERAL
on writ of certiorari to the united states court of appeals for the third circuit
âJustice Sotomayor, with whom Justice Jackson joins, concurring.
âAs both parties here agree, the phrase âmore than a de minimis costâ from Trans World Airlines, Inc. v. Hardison, 432 U. S. 63, 84 (1977), was loose language. An employer violates Title VII if it fails âto reasonably accommodateâ an employeeâs religious observance or practice, unless the employer demonstrates that accommodation would result in âundue hardship on the conduct of the employerâs business.â 42 U. S. C. §2000e(j). The statutory standard is âundue hardship,â not trivial cost.
âHardison, however, cannot be reduced to its âde minimisâ language. Instead, that case must be understood in light of its facts and the Courtâs reasoning. The Hardison Court concluded that the plaintiff âs proposed accommodation would have imposed an undue hardship on the conduct of the employerâs business because the accommodation would have required the employer either to deprive other employees of their seniority rights under a collective-bargaining agreement, or to incur substantial additional costs in the form of lost efficiency or higher wages. 432 U. S., at 79â81, 83â84, and n. 14. The Equal Employment Opportunity Commission has interpreted Title VIIâs undue-hardship standard in this way for seven consecutive Presidential administrations, from President Reagan to President Biden.  See 29 CFR §1605.2(e) (2022) (citing Hardison, 432 U. S., at 80, 84).
âPetitioner Gerald Groff asks this Court to overrule Hardison and to replace it with a âsignificant difficulty or expenseâ standard. Brief for Petitioner 17â38. The Court does not do so. That is a wise choice because stare decisis has âenhanced forceâ in statutory cases. Kimble v. Marvel Entertainment, LLC, 576 U. S. 446, 456 (2015). Congress is free to revise this Courtâs statutory interpretations. The Courtâs respect for Congressâs decision not to intervene promotes the separation of powers by requiring interested parties to resort to the legislative rather than the judicial process to achieve their policy goals. This justification for statutory stare decisis is especially strong here because âCongress has spurned multiple opportunities to reverse [Hardison]âopenings as frequent and clear as this Court ever sees.â Id., at 456â457.1 Moreover, in the decades since Hardison was decided, Congress has revised Title VII multiple times in response to other decisions of this Court,2 yet never in response to Hardison. See Kimble, 576 U. S., at 457.
 âGroff also asks the Court to decide that Title VII requires the United States Postal Service to show âundue hardship to [its] business,â not to Groff âs co-workers. Brief for Petitioner 42 (emphasis added); see 35 F. 4th 162, 176 (CA3 2022) (Hardiman, J., dissenting). The Court, however, recognizes that Title VII requires âundue hardship on the conduct of the employerâs business.â 42 U. S. C. §2000e(j) (emphasis added). Because the âconduct of [a] businessâ plainly includes the management and performance of the businessâs employees, undue hardship on the conduct of a business may include undue hardship on the businessâs employees. See, e.g., Hardison, 432 U. S., at 79â81 (deprivation of employeesâ bargained-for seniority rights constitutes undue hardship). There is no basis in the text of the statute, let alone in economics or common sense, to conclude otherwise. Indeed, for many businesses, labor is more important to the conduct of the business than any other factor.
âTo be sure, some effects on co-workers will not constitute âundue hardshipâ under Title VII. For example, animus toward a protected group is not a cognizable âhardshipâ under any antidiscrimination statute. Cf. ante, at 20. In addition, some hardships, such as the labor costs of coordinating voluntary shift swaps, are not âundueâ because they are too insubstantial. See 29 CFR §§1605.2(d)(1)(i), (e)(1). Nevertheless, if there is an undue hardship on âthe conduct of the employerâs business,â 42 U. S. C. §2000e(j), then such hardship is sufficient, even if it consists of hardship on employees. With these observations, I join the opinion of the Court.
Notes
1  See, e.g., H. R. 1440, 117th Cong., 1st Sess., §4(a)(4) (2021); H. R. 5331, 116th Cong., 1st Sess., §4(a)(4) (2019); S. 3686, 112th Cong., 2d Sess., §4(a)(3) (2012); S. 4046, 111th Cong., 2d Sess., §4(a)(3) (2010); S. 3628, 110th Cong., 2d Sess., §2(a)(1)(B) (2008); H. R. 1431, 110th Cong., 1st Sess., §2(a)(4) (2007); H. R. 1445, 109th Cong., 1st Sess., §2(a)(4) (2005); S. 677, 109th Cong., 1st Sess., §2(a)(4) (2005); S. 893, 108th Cong., 1st Sess., §2(a)(4) (2003); S. 2572, 107th Cong., 2d Sess., §2(a)(4) (2002); H. R. 4237, 106th Cong., 2d Sess., §2(a)(4) (2000); S. 1668, 106th Cong., 1st Sess., §2(a)(4) (1999); H. R. 2948, 105th Cong., 1st Sess., §2(a)(4) (1997); S. 1124, 105th Cong., 1st Sess., §2(a)(4) (1997); S. 92, 105th Cong., 1st Sess., §2(a)(3) (1997); H. R. 4117, 104th Cong., 2d Sess., §2(a)(3) (1996).
2  See Civil Rights Act of 1991, 105 Stat. 1071 (overruling Wards Cove Packing Co. v. Atonio, 490 U. S. 642 (1989)); Lilly Ledbetter Fair Pay Act of 2009, 123 Stat. 5 (overruling Ledbetter v. Goodyear Tire & Rubber Co., 550 U. S. 618 (2007)).