Defending Dissents From Denials of Certiorari
Criticism of justices of the U.S. Supreme Court for questioning precedent with which they disagree or want to reconsider was unjustified.
May 21, 2021 at 01:07 PM
3 minute read
EditorialsThe U.S. Supreme Court recently denied certiorari in the matter of Small v. Memphis Light, Gas & Water, a case which effectively challenged the continued viability of a 1997 decision (Trans World Airlines v. Hardison) which interpreted Title VII of the Civil Rights Act of 1964. Hardison interpreted the statutory requirement that employers "reasonably accommodate" an employee's religious practices so long as the accommodation does not impose an "undue hardship" on the employer's business. Congress did not define "undue hardship," but the court did, holding that undue hardship was anything that imposed "more than a de minimis cost" on the employer.
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