SCOTUS Grants Cert To Reconsider TWA v. Hardison
Trans World Airlines v. Hardison (1977) provided a very narrow reading of Title VII’s protections against religious discrimination. Under that decision, a private employer does not need to accommodate an employee’s religious exercise if doing so would require the employer “to bear more than a de minimis cost.” Yet, the language of Title VII requires employers to accommodate an employee’s religious exercise unless it would suffer an “undue hardship.” An “undue hardship,” under any reading of the text, must be more than a “de minimis cost.” But Hardison was decided in the bad-old days when textualism wasn’t very important. For decades, Hardison has
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