The case is designed to let religious employees discriminate against colleagues and customers. But it also has some merit.
involved an employee who sought to take off Saturdays to observe the Sabbath, as required by his religion. Granting this accommodation would have cost Trans World Airlines just $150 over three months. Still, the airline refused. By a 7–2 vote, the court sided against the employee, rewriting Title VII in the process. The majority declared that an employer suffers an “undue hardship” when a religious accommodation would impose “more than de minimis cost.
joined by Justice William Brennan. An “undue hardship” implies significant expense. A “de minimis cost” implies, well, a minimal one. So thetest let employers refuse an accommodation as long as they could cook up some hypothetical reason why it might cost them any real money. “Despite Congress’ best efforts,” Marshall lamented, “one of this nation’s pillars of strength—our hospitality to religious diversity—has been seriously eroded.
A funny thing happened between 1977 and 2023: The politics of religious accommodations flipped. Marshall and Brennan, the
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