The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of an employee’s religious observance or practice. And what will the vote be? 9-0. Read on.
How Did We Get Here?
Title VII of the Civil Rights Act of 1964 prohibits religious discrimination. Wanting to ensure employees could freely exercise their religious beliefs, Congress amended the Civil Rights Act in 1972 to “reasonably accommodate all aspects of an employee’s religious observance or practice…[that can be accomplished] without an undue hardship on the conduct of an employer’s business.” So far, so good.
