Supreme Court of the United States · Official docket →
Gerald E. Groff v. Louis DeJoy, Postmaster General
Paid petition · United States Court of Appeals for the Third Circuit, No. 21-1900 · judgment May 25, 2022
Before the decision, about 3.5× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
Title VII of the Civil Rights Act of 1964 generally prohibits an employer from discriminating against an individual "because of such individual's * * * religion." 42 U.S.C. §§ 2000e-2(a)(l), (2). The statute defines "religion" to include "all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business." Id. § 2000e(j). In Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), this Court stated that an employer suffers an "undue hardship" in accommodating an employee's religious exercise whenever doing so would require the employer "to bear more than a de minimis cost." Id. at 84. The questions presented are:
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Whether this Court should disapprove the more-than-de-minimis-cost test for refusing Title. VII religious accommodations stated in Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977).
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Whether an employer may demonstrate "undue hardship on the conduct of the employer's business" under Title VII merely by showing that the requested accommodation burdens the employee's co-workers rather than the business itself.
Counsel of record
For petitioner
Aaron Michael Streett
Baker Botts, L.L.P.
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
14 cert-stage · 44 merits
(35 supporting pet./neither, 9 respondent)
Argument & decision
Argued April 18, 2023 — Aaron Streett · Elizabeth B. Prelogar. Audio and transcript
Decided June 29, 2023. Opinion by Alito.
Proceedings
- Jul 31 2023Judgment issued.
- Jun 29 2023Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Jackson, J., joined.
- Apr 18 2023Argued. For petitioner: Aaron Streett, Houston, Tex. For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
- Apr 07 2023Letter filed. (Distributed)
- Apr 07 2023Reply of petitioner Gerald E. Groff filed. (Distributed)
- Mar 30 2023Brief amicus curiae of The Freedom from Religion Foundation filed. (Distributed)
- Mar 30 2023Brief amicus curiae of American Postal Workers Union, AFL-CIO filed. (Distributed)
- Mar 30 2023Brief amici curiae of Americans United for Separation of Church and State and Lambda Legal Defense and Education Fund, Inc. filed. (Distributed)
- Mar 30 2023Brief amicus curiae of Airlines for America filed. (Distributed)
- Mar 30 2023Brief amici curiae of Local Government Legal Center, National Association of Counties, National League of Cities, and the International Municipal Lawyers Association filed. (Distributed)
- Mar 30 2023Brief amici curiae of Washington et al. filed. (Distributed)
- Mar 30 2023Brief amici curiae of Center For Inquiry and American Atheists, Inc. filed. (Distributed)
- Mar 30 2023Brief amici curiae of National Rural Letter Carriers' Association, et al. filed. (Distributed)
- Mar 30 2023Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) filed. (Distributed)
- Mar 24 2023CIRCULATED
- Mar 23 2023Brief of respondent Louis DeJoy, Postmaster General, United States Postal Service filed.(Corrected version submitted)
- Mar 23 2023Brief of respondent Louis DeJoy, Postmaster General, United States Postal Service filed. (April 7, 2023) (Distributed)
- Mar 06 2023Brief amici curiae of National Employment Lawyers Association, et al. in support of neither party filed.
- Feb 28 2023Brief amicus curiae of John Kluge filed.
- Feb 28 2023Brief amicus curiae of American Center for Law and Justice filed.
- Feb 28 2023Brief amici curiae of The Sikh Coalition, et al.
- Feb 28 2023Brief amicus curiae of Founders’ First Freedom, Inc. filed.
- Feb 28 2023Brief amicus curiae of American Hindu Coalition filed.
- Feb 28 2023Brief amicus curiae of American Constitutional Rights Union filed.
- Feb 28 2023Brief amicus curiae of Robert P. Roesser filed. (Docket entry corrected 3/6/23)
- Feb 28 2023Brief amici curiae of The Seventh-day Adventist Church in Canada, The Atlantic Union Conference of Seventh-day Adventists, The North Pacific Union Conference of Seventh-day Adventists, The National Council of Young Israel filed.
- Feb 28 2023Brief amicus curiae of Americans for Fair Treatment filed.
- Feb 28 2023Brief amicus curiae of Zionist Organization of America filed.
- Feb 28 2023Brief amicus curiae of The Becket Fund for Religious Liberty filed.
- Feb 28 2023Brief amici curiae of Former EEOC General Counsel and Title VII Religious Accommodation Expert filed.
- Feb 28 2023Brief amicus curiae of Muslim Public Affairs Council filed.
- Feb 28 2023Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
- Feb 28 2023Brief amicus curiae of Liberty Counsel filed.
- Feb 28 2023Brief amicus curiae of Ted Cruz, et al. filed.
- Feb 28 2023Brief amicus curiae of The Union of Orthodox Jewish Congregations of America filed.
- Feb 28 2023Brief amici curiae of Asma T. Uddin, et al. filed.
- Feb 28 2023Brief amici curiae of Thomas More Society and The Jewish Coalition for Religious Liberty filed.
- Feb 28 2023Brief amicus curiae of Airline Employees for Health Freedom filed.
- Feb 28 2023Brief amici curiae of Christian Legal Society, et al. filed.
- Feb 28 2023Brief amici curiae of West Virginia and 21 Other States filed.
- Feb 28 2023Brief amici curiae of Religious Liberty Scholars and Employment Law Scholars filed.
- Feb 28 2023Brief amicus curiae of General Conference of Seventh-day Adventists filed.
- Feb 28 2023Brief amici curiae of Citizens United, Citizens United Foundation, and The Presidential Coalition filed.
- Feb 28 2023Brief amicus curiae of Louis D. Brandeis Center for Human Rights Under Law filed.
- Feb 28 2023Brief amici curiae of National Jewish Commission on Law and Public Affairs (“COLPA”) and Other Jewish Organizations filed.
- Feb 28 2023Brief amicus curiae of Robertson Center for Constitutional Law filed.
- Feb 28 2023Brief amici curiae of Over 400 Physicians, Surgeons, Nurses, and Medical Professionals Who Support Religious Liberty filed.
- Feb 28 2023Brief amicus curiae of Joseph B. Holland, Jr. filed.
- Feb 27 2023Brief amicus curiae of Catholicvote.org Education Fund filed.
- Feb 27 2023Brief amici curiae of Alabama Center for Law and Liberty and Constitutional Attorneys filed.
- Feb 23 2023Brief amici curiae of Jeffrey Podell and the Rieders Foundation filed.
- Feb 23 2023Brief amicus curiae of Council on American-Islamic Relations filed.
- Feb 21 2023Brief of petitioner Gerald E. Groff filed.
- Feb 21 2023Joint appendix filed. (Statement of costs filed)
- Feb 15 2023Record received from the U.S.C.A.-3d Circuit containing electronic record from both District Court and Court of Appeals.
- Feb 08 2023Record requested from the U.S.C.A.-3d Circuit.
- Jan 31 2023SET FOR ARGUMENT on Tuesday, April 18, 2023.
- Jan 13 2023Petition GRANTED.
- Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
- Dec 14 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 13 2022Reply of petitioner Gerald E. Groff filed. (Distributed)
- Nov 28 2022Brief of respondent Louis DeJoy, Postmaster General, United States Postal Service in opposition filed.
- Nov 14 2022Motion to extend the time to file a response is granted and the time is further extended to and including November 28, 2022.
- Nov 10 2022Motion to extend the time to file a response from November 25, 2022 to November 28, 2022, submitted to The Clerk.
- Oct 12 2022Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2022.
- Oct 11 2022Motion to extend the time to file a response from October 26, 2022 to November 25, 2022, submitted to The Clerk.
- Sep 26 2022Brief amici curiae of Members of the United States Congress filed.
- Sep 26 2022Brief amicus curiae of American Center for Law and Justice filed.
- Sep 26 2022Brief amicus curiae of John Kluge filed.
- Sep 26 2022Brief amicus curiae of The Rutherford Institute filed.
- Sep 26 2022Brief amici curiae of General Conference of Seventh-day Adventists and Union of Orthodox Jewish Congregations of America filed.
- Sep 26 2022Brief amici curiae of Thomas More Society and The Jewish Coalition for Religious Liberty filed.
- Sep 26 2022Brief amici curiae of Robert P. Roesser & Christian Legal Society filed.
- Sep 26 2022Brief amici curiae of Former EEOC General Counsel and Title VII Religious Accommodation Expert filed.
- Sep 26 2022Brief amici curiae of Religious Liberty Scholars and Employment Law Scholars filed.
- Sep 26 2022Brief amici curiae of West Virginia, et al. filed.
- Sep 23 2022Brief amici curiae of Asma T. Uddin and Steven T. Collis filed.
- Sep 23 2022Brief amici curiae of National Jewish Commission on Law and Public Affairs, et al. filed.
- Sep 22 2022Brief amicus curiae of Alabama Center for Law and Liberty filed.
- Sep 22 2022Brief amici curiae of The Sikh Coalition, et al. filed.
- Sep 19 2022Blanket Consent filed by Respondent, Louis DeJoy, Postmaster General, United States Postal Service
- Sep 12 2022Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2022.
- Sep 09 2022Motion to extend the time to file a response from September 26, 2022 to October 26, 2022, submitted to The Clerk.
- Aug 30 2022Blanket Consent filed by Petitioner, Gerald E. Groff
- Aug 23 2022Petition for a writ of certiorari filed. (Response due September 26, 2022)