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Abstract

On June 29, 2023, the U.S. Supreme Court issued an opinion expanding its Title VII workplace religious accommodation jurisprudence with Groff v. DeJoy. For nearly fifty years leading up to Groff, the Court was set on a “more than de minimis” standard for determining when a religious accommodation was too costly for an employer, and therefore did not need to be accommodated as a matter of law. In Groff, the Court raised the bar effectively ending de minimis as employers knew it. Instead of showing that a religious accommodation bears any cost on the business, Groff requires evidence of substantial increased costs to prove a religious accommodation cannot be made. “Substantial increased costs” remains amorphous in the context of Title VII and must be evaluated to determine what it actually means for businesses coping with Groff’s elevated, but still ambiguous, standard. In short, how much does a business need to spend now on religious accommodations in order to comply with Title VII? This Note is written for businesses navigating Groff and posits ideas and suggestions for best practices in light of this new decision.

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