Groff v. DeJoy

Coverage on whether employees must work on the Sabbath ignored the clout of Amazon

Coverage on whether employees must work on the Sabbath ignored the clout of Amazon

After Sherbert v. Verner, a 1963 Supreme Court case that granted a Seventh-day Adventist the right to take her chosen day of worship (Saturday) off without recrimination from employers, I thought the right to not work on a particular day of the week had been settled.

But apparently not, especially if the employer’s needs shift over time.

At this point, the original promise to the employee that he/she would not have to work on a religious holiday goes out the window. Especially if Amazon is involved. This creates an interesting news dynamic, by the way, because the titan of Amazon is, of course, Jeff Bezos — owner of The Washington Post and a major player on the cultural left (except when it comes to labor issues).

First, there is this from USA Today:

Gerald Groff wanted to spend his Sundays at church. His employer, the U.S. Postal Service, wanted him delivering packages.

That simple dispute between an employee and his managers sparked one of the most significant religious cases to reach the Supreme Court in years – with the potential to shift the balance of power between employees and employers over weekend schedules, dress codes and how workers conduct themselves around colleagues.

The appeal raises a basic question with potentially sweeping consequences: How far must large employers go to accommodate the religious needs of their workers? For Groff, an Evangelical Christian who told his boss in 2017 that he wouldn’t cover Sunday shifts because of his faith, the answer became a personal and painful one. 

Then, instead of referring to the abovementioned 1963 case, the article refers to Trans World Airlines, Inc., v. Hardison, an airline maintenance clerk who was discharged for refusing to work Saturdays.

Larry Hardison, a Worldwide Church of God adherent, had switched to his new faith just after he was hired and for a time, he was able to observe his new faith’s requirement that one not work on the Sabbath. Then he switched positions and lost his seniority and his ability to decline Saturday shifts. Hardison sued the airline, but lost.


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