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Slip Opinion
E.D. Pa.
2021
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Background

  • Plaintiff Gerald Groff was a non-career Rural Carrier Associate (RCA) who refused to work Sundays for religious reasons after USPS began Sunday Amazon deliveries.
  • In May 2016 USPS and the union adopted an MOU for Sunday Amazon deliveries requiring RCAs to be scheduled by a rotation: ARCs, volunteers, then non-volunteer RCAs as needed; RCAs have no contractual right to specific days off.
  • Management offered accommodations: permitting Groff to swap shifts (self-arranged or management-assisted), take another day off that week for worship, or arrive after church on Sundays; Groff nonetheless missed at least 24 scheduled Sundays.
  • USPS issued progressive discipline (written warning, 7-day paper suspension, 14-day paper suspension); Groff resigned and filed suit alleging disparate treatment and failure to accommodate under Title VII.
  • The district court held there was no direct evidence of religious animus, applied McDonnell Douglas burden-shifting, found USPS offered reasonable accommodations and that exempting Groff permanently would cause undue hardship (violating the MOU and burdening co-workers), and granted summary judgment for Defendant; Plaintiff’s partial summary judgment and sanctions motions were denied.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Disparate treatment (direct evidence) Groff says comments and discipline show anti-religious animus and "making an example" No decisionmaker made anti-religious comments; alleged remarks are speculative or by non-decisionmakers No direct evidence; McDonnell Douglas applies and disparate treatment claim fails (no pretext shown)
Adverse action / constructive discharge Groff contends progressive discipline and threats to skip steps made resignation reasonable USPS notes discipline was "paper" only, no pay/hours lost, and termination was not imminent Genuine issue whether resignation was adverse, but even if prima facie established, USPS gave legitimate nondiscriminatory reasons and Groff failed to prove pretext
Failure to accommodate Groff seeks permanent exemption from Sunday scheduling (skip him every Sunday) USPS offered shift swaps, alternative worship day, late arrivals; permanent exemption would violate MOU and burden coworkers (undue hardship) Accommodation offered was reasonable (shift-swapping valid); permanent exemption would cause undue hardship; failure-to-accommodate claim fails
Motions for partial summary judgment & sanctions Groff sought summary judgment on failure-to-accommodate and sanctions for discovery abuses USPS opposed; showed MOU and undue-hardship defenses Plaintiff's partial summary judgment and sanctions motions denied; summary judgment for USPS granted

Key Cases Cited

  • McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for discrimination claims)
  • Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) (direct evidence / mixed-motive discussion)
  • Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard re: genuine issue of material fact)
  • Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006) (definition of adverse employment action)
  • Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977) (Title VII undue hardship: CBA violation and de minimis standard)
  • Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 60 (1986) (employer need only provide a reasonable, not preferred, accommodation)
  • Fuentes v. Perskie, 32 F.3d 759 (3d Cir. 1994) (evidence needed to show employer's proffered reasons are pretext)
  • EEOC v. GEO Grp., Inc., 616 F.3d 265 (3d Cir. 2010) (burden-shifting in failure-to-accommodate claims)
  • Webb v. City of Philadelphia, 562 F.3d 256 (3d Cir. 2009) (elements for religious accommodation prima facie case)
  • Abramson v. William Paterson Coll. of N.J., 260 F.3d 265 (3d Cir. 2001) (discussing discrimination theories under Title VII)
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Case Details

Case Name: GROFF v. DEJOY
Court Name: District Court, E.D. Pennsylvania
Date Published: Apr 6, 2021
Citations: 2021 WL 1264030; 5:19-cv-01879
Docket Number: 5:19-cv-01879
Court Abbreviation: E.D. Pa.
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