GERALD E. GROFF v. LOUIS DEJOY, Postmaster General United States Postal Service
No. 21-1900
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
May 25, 2022
PRECEDENTIAL. Argued January 25, 2022.
Appeal from United States District Court for the Eastern District of Pennsylvania (D.C. No. 5-19-cv-01879) U.S. District Judge: Honorable Jeffrey L. Schmehl
Before: HARDIMAN, SHWARTZ, and FUENTES, Circuit Judges.
(Filed: May 25, 2022)
Christopher Tutunjian [ARGUED]
Aaron M. Streett
Baker Botts L.L.P.
910 Louisiana Street
One Shell Plaza, 37th Floor
Houston, TX 77002
David W. Crossett
Cornerstone Law Firm, LLC
8500 Allentown Pike
Suite 3
Blandon, PA 19510
David J. Hacker
Hiram S. Sasser, III
Stephanie N. Taub
First Liberty Institute
2001 West Plano Parkway
Suite 1600
Plano, TX 75075
Alan J. Reinach
Church State Council
2686 Townsgate Road
Westlake Village, CA 91361
Jeremy L. Samek
Randall L. Wenger
Independence Law Center
23 North Front Street
Harrisburg, PA 17101
Counsel for Appellant
Veronica J. Finkelstein [ARGUED]
Lauren E. DeBruicker
Office of United States Attorney
615 Chestnut Street
Suite 1250
Philadelphia, PA 19106
Counsel for Appellee
SHWARTZ, Circuit Judge.
Plaintiff Gerald Groff is a Sunday Sabbath observer whose religious beliefs dictate that Sunday is meant for worship and rest. As a result, Groff informed his employer, the United States Postal Service (“USPS“), that he was unable to work on Sundays. USPS offered to find employees to swap shifts with him, but on more than twenty Sundays, no coworker would swap, and Groff did not work. Groff was disciplined and ultimately left USPS.
Groff sued USPS1 for violating Title VII by failing to reasonably accommodate his religion. Because the shift swaps USPS offered to Groff did not eliminate the conflict between his religious practice and his work obligations, USPS did not provide Groff a reasonable accommodation. The accommodation Groff sought (exemption from Sunday work), however, would cause an undue hardship on USPS, and so we will affirm the District Court‘s order
I
A
USPS employs several types of postal carriers. One type is a Rural Carrier Associate (“RCA“). An RCA is a non-career employee who provides coverage for absent career employees. RCAs work “as needed,” so the job requires flexibility. JA456. RCAs do not accrue leave, and any leave they take is unpaid. USPS also employs Assistant Rural Carriers (“ARCs“) who are hired to work only on Sundays and holidays. At the time of Groff‘s employment, there was a shortage of RCAs in his region.
Groff joined USPS in 2012. He became an RCA that year. In March 2014, Groff transferred to the Quarryville Post Office, where he worked until he transferred to the Holtwood Post Office in August 2016. Groff remained at Holtwood until he resigned from USPS in January 2019.
B
In 2013, USPS contracted with Amazon to deliver Amazon packages, including on Sundays. Amazon delivery initially began at only some post offices and the scheduling of RCAs was left to each postmaster‘s discretion.2 The success of Amazon Sunday delivery was critical to USPS.
In May 2016, USPS and the National Rural Letter Carriers’ Association (“Union“) entered a Memorandum of Understanding (“MOU“) concerning Sunday and holiday parcel delivery.3 The MOU created two scheduling arrangements. During the peak season (mid-November through early January), each post office was responsible for scheduling its own carriers and delivering its packages on Sundays and holidays. During the non-peak season (late January through mid-November), individual post offices became part of a regional hub, from which all Sunday and holiday mail was delivered. The Quarryville and Holtwood Post Offices are part of the Lancaster Annex hub.
To staff the hub during the non-peak season, USPS generated a list of part-time flexible rural carriers, substitute rural carriers, RCAs, and rural relief carriers employed at post offices within the geographic area serviced by the Lancaster Annex hub. USPS asked these employees whether they wanted to work on Sundays and holidays. Based on their responses, USPS created two lists: volunteers and non-volunteers.4 Each list was alphabetized by last name, without regard to seniority, classification, or assigned office. For Sundays and holidays, management first scheduled any ARCs assigned to the hub. If this was insufficient for coverage, management then scheduled from the volunteer list on a rotating basis. If more coverage was needed, management would then schedule from the non-volunteer list on a rotating basis. All scheduled carriers then reported to the Lancaster Annex for the Sunday or holiday delivery.5 The MOU contained two exemptions for Sunday or
Quarryville began delivering Amazon packages on Sundays in 2015. Quarryville was a relatively large station and had sufficient carriers available for Sunday delivery. Before the MOU went into effect, the Quarryville Postmaster exempted Groff from Sunday work so long as he provided coverage for other shifts throughout the week. After the MOU went into effect, the Postmaster informed Groff that he would have to work Sundays during the peak season or find another job.
To avoid Amazon Sunday deliveries, Groff transferred to Holtwood, a small station with a postmaster, three full-time carriers, and three RCAs (including Groff). In March 2017, however, Holtwood began Amazon Sunday deliveries.
Groff informed the Holtwood Postmaster that he would not be reporting to work on Sundays due to his religious beliefs. In response, the Holtwood Postmaster offered Groff several options. The Holtwood Postmaster offered to adjust Groff‘s schedule to permit him to attend religious services on Sunday morning and report to work afterward, which was an accommodation provided to other employees. Later, the Holtwood Postmaster sought out others to cover Groff‘s Sunday shifts, which he said was the only accommodations that would not “impact operations.” JA599. During the 2017 peak season, another RCA agreed to cover Groff‘s Sunday shifts, but she was later unable to do so due to an injury. As a result, the remaining RCA and the Holtwood Postmaster worked all Sunday shifts. Groff acknowledged that his fellow RCA had to bear the burden of Amazon Sundays alone during the 2017 peak season.
Because Groff did not work when scheduled on Sundays, he faced progressive discipline. During the disciplinary process, USPS proposed another alternative: pick a different day of the week to observe the Sabbath.
Groff contacted an Equal Employment Opportunity (“EEO“) counselor at USPS to pursue pre-complaint counseling, during which he requested a total exemption from Sunday work. Thereafter, Groff filed a complaint with the EEO office. USPS determined that Groff established a prima facie claim for failure to accommodate, but that USPS did not engage in discrimination.
Thereafter, Groff requested a lateral transfer to a position that did not require Sunday work. All available positions typically required Sunday work, however, so his request was rejected. To accommodate Groff during the 2018 peak season, the Holtwood Postmaster again attempted to find coverage for each Sunday that Groff was scheduled to work. The Holtwood Postmaster described finding coverage for Groff as “not always easy, . . . time consuming, and [that] it added to [his] workload and those of other postmasters.” JA452.
In addition to the resources expended to find coverage, Groff‘s absence had other consequences. The Holtwood Postmaster himself was forced to deliver mail on Sundays when no RCAs were available because putting off delivery until Monday would have impacted efficiency and safety
Groff‘s absence also had an impact at the hub during the non-peak season. For example, other carriers were called to work at the hub more frequently, which resulted in other employees “do[ing] more than their share of burdensome work.” JA218. One supervisor at the hub testified that this contributed to morale problems amongst the RCAs. In addition, USPS scheduled an extra person to work at the Lancaster Annex each Sunday on which Groff was scheduled in anticipation that he would not show up. However, in July 2018, management was directed not “to overschedule non volunteers to accommodate” Groff.8 JA684. Groff‘s absence also required the other carriers to deliver more mail than they otherwise would have on Sundays. JA492.
Groff received additional discipline and submitted two more EEO complaints, in which he again sought an accommodation not to work on Sundays or a transfer to a position that did not require Sunday work.
Groff resigned in January 2019. In his resignation letter, he stated that he decided to leave his job because he was unable to find an “accommodating employment atmosphere with the USPS that would honor [his] personal religious beliefs” and would instead pursue “more rewarding work/service interests.” JA388.
After Groff‘s employment ended, USPS issued a final agency decision as to Groff‘s complaints challenging the discipline and USPS‘s alleged failure to accommodate. USPS found no discrimination. Groff did not appeal to the Equal Employment Opportunity Commissions (“EEOC“).
C
Groff sued USPS, alleging two causes of action for religious discrimination under Title VII of the Civil Rights Act of 1964: (1) disparate treatment, and (2) failure to accommodate. After discovery, the parties filed cross-motions for summary judgment. The District Court granted USPS summary judgment on both claims. Groff v. DeJoy, No. 19-1879, 2021 WL 1264030, at *5 (E.D. Pa. Apr. 6, 2021).9
The District Court stated that our Court never squarely held that an accommodation needs to wholly eliminate the conflict between a work requirement and a religious practice to be reasonable. Id. at *10. Relying on opinions from other circuits and from district courts within our Circuit, the Court held that “an employer does not need to wholly eliminate a conflict in order to offer an employee a reasonable accommodation.” Id. The Court noted that Groff was offered the chance to swap shifts with other employees and concluded USPS offered Groff a reasonable accommodation, even if he was “not happy” with it, because voluntary shift swapping could be a reasonable accommodation. Id.
The District Court also: (1) found that USPS provided evidence of “multiple instances” of undue hardship, including that providing Groff an exemption from Sunday work would violate the MOU; (2) disagreed with Groff that Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), was limited to violations of a collective bargaining agreement‘s seniority provisions; (3) explained that interpreting “approved leave” in the MOU to include permanent religious leave would “strain[] credulity“; and (4) found that granting Groff‘s requested exemption was an undue hardship because, among other things, it required the only other RCA to work “every single Sunday without a break.” Groff, 2021 WL 1264030, at *11-12.
Groff appeals.
II10
A
To establish a prima facie case of religious discrimination under Title VII, an employee must show that he: (1) holds a sincere religious belief that conflicts with a job requirement; (2) informed his employer of the conflict; and (3) was disciplined for failing to comply with the conflicting job requirement. EEOC v. GEO Grp., Inc., 616 F.3d 265, 271 (3d Cir. 2010). The parties do not dispute that Groff established a prima facie case for purposes of summary judgment because he: (1) has a sincere religious belief that prohibits work on Sunday, and this conflicts with USPS‘s Sunday schedule; (2) informed USPS of this conflict; and (3) was disciplined after he failed to appear for his scheduled Sunday shifts.
B
We must first determine what constitutes a “reasonable accommodation.” The plain language of the statute directs employers to “reasonably accommodate” religious practices, so “Title VII requires otherwise-neutral policies to give way to the need for an accommodation.” EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. 768, 775 (2015). Indeed,
Title VII does not demand mere neutrality with regard to religious practices—that they be treated no worse than other practices. Rather, it gives them favored treatment, affirmatively obligating employers not “to fail or refuse to hire or discharge any individual . . . because of such individual‘s” “religious observance and practice.”
Id. (quoting
Cases from the Supreme Court and our Court answer this question. The Supreme Court has stated that an accommodation is reasonable if it “eliminates the conflict between employment requirements and religious practices.” Ansonia, 479 U.S. at 70 (holding an accommodation is reasonable where it “allow[s] the individual to observe fully religious holy days and requires him only to give up compensation for a day that he did not in fact work“). Our Court has said that, where a good-faith effort to accommodate a religious practice has been “unsuccessful,” the inquiry must then turn to the undue hardship analysis, which suggests that an accommodation must be effective. Getz v. Pa. Dep‘t of Pub. Welfare, 802 F.2d 72, 73 (3d Cir. 1986); see also US Airways, Inc. v. Barnett, 535 U.S. 391, 400 (2002) (explaining that “the word ‘accommodation’ . . . conveys the need for effectiveness“). Thus, a legally sufficient accommodation under Title VII‘s religious discrimination provision is one that eliminates the conflict between the religious practice and the job requirement. See Getz, 802 F.2d at 74 (holding that a neutral scheduling policy reasonably accommodated employee‘s religious observance where there was “no conflict” between her employment and observance of religious holidays, such that she was “able to worship fully“); see also Shelton v. Univ. of Med. & Dentistry of N.J., 223 F.3d 220, 226-27 (3d Cir. 2000) (holding that a lateral transfer was a reasonable accommodation where a plaintiff “had not established that she would face a religious conflict” in the new position).
Interpreting “reasonably accommodate” to require that an accommodation eliminate the conflict between a job requirement and the religious practice is consistent
Several of our sister circuits agree that an accommodation under Title VII‘s religious discrimination provision must eliminate the conflict between the employee‘s religious practice and job requirement.12 See Morrisette-Brown v. Mobile Infirmary Med. Ctr., 506 F.3d 1317, 1322-23 (11th Cir. 2007) (combining rotating scheduling system, shift change, opportunity to transfer positions, and other accommodations that would “eliminate[] the conflict between employment requirements and religious practices,” thus reasonably accommodating a Sabbath observer) (quoting Ansonia, 479 U.S. at 70); Baker v. Home Depot, 445 F.3d 541, 547-48 (2d Cir. 2006) (allowing Sabbath observer to start later on Sundays to attend religious services, but requiring him to come to work, did not permit him to observe his religious requirement to totally abstain from Sunday work and thus offered “no accommodation at all“); EEOC v. Ilona of Hungary, Inc., 108 F.3d 1569, 1576 (7th Cir. 1997) (offering two Jewish employees a day off besides Yom Kippur did not “eliminate the conflict between the employment requirement and the religious practice” and thus was not a reasonable accommodation); Opuku-Boateng v. State of California, 95 F.3d 1461, 1467 (9th Cir. 1996) (explaining that where negotiations between employer and Sabbath observer “do not produce a proposal by the employer that would eliminate the religious conflict, the employer must either accept the employee‘s proposal or demonstrate that it
Other circuit courts have concluded that requiring a total elimination of the conflict ignores Title VII‘s inclusion of the word “reasonably” as a modifier to the word “accommodate.” Firestone Fibers, 515 F.3d at 313; see also Sturgill v. United Parcel Serv., Inc., 512 F.3d 1024, 1031, 1033 (8th Cir. 2008) (explaining that it would be inconsistent with Title VII “to hold that an accommodation, to be reasonable, must wholly eliminate the conflict between work and religious requirements in all situations,” but also observing that “there may be many situations in which the only reasonable accommodation is to eliminate the religious conflict altogether“). These cases read the word “reasonably” as evaluating matters of degree and not imposing a duty to accommodate at all costs. See Firestone Fibers, 515 F.3d at 313; Sturgill, 512 F.3d at 1031, 1033; see also Tabura v. Kellogg USA, 880 F.3d 544, 551 (10th Cir. 2018) (in a case involving unsuccessful shift swapping, declining to adopt “a per se ‘elimination’ rule that applies across all circumstances” for reasonable accommodations and remanding for a jury to determine reasonableness). This interpretation, however, merges the concept of “reasonableness” with “undue hardship” even though, as stated above, they are separate inquiries.
USPS similarly misunderstands the interaction between the words “reasonably” and “accommodate.” USPS argues that “reasonably” limits the employer‘s obligation. It asserts that so long as the offered accommodation could, in theory, eliminate the conflict between a job duty and the religious obligation, the employer has fulfilled its Title VII duty even if the accommodation does not eliminate the conflict in practice. Put differently, USPS asserts that so long as the employer offers an accommodation that may work, it has acted reasonably. This argument is inconsistent with Title VII‘s religious discrimination provision. As interpreted by the Supreme Court, that provision requires the employer to deviate even from neutral practices to ensure an employee‘s religious beliefs and practices are not infringed. Abercrombie, 575 U.S. at 775. To offer an accommodation that in practice will result in continued infringement does not fulfill Title VII‘s requirements.
At oral argument, the Government contended that the word “reasonable” in other contexts does not require complete achievement of the action that the word “reasonable” modifies. Oral Argument at 40:29-40:44, Groff v. DeJoy (Jan. 25, 2022), https://www2.ca3.uscourts.gov/oralargument/audio/21-1900_Groffv.DeJoy.mp3. For example, the phrase “reasonable doubt” does not mean that there must be a complete elimination of all doubt to find that the Government has proven the elements of the crime charged. See, e.g., Dunbar v. United States, 156 U.S. 185, 199 (1895) (“[B]y a reasonable doubt you are not to understand that all doubt is to be excluded.“) (quoting Miles v. United States, 103 U.S. 304, 312 (1880)); United States v. Isaac, 134 F.3d 199, 203 (3d Cir. 1998) (upholding jury instruction that contrasted “reasonable doubt” with “all possible doubt“). The Government is correct, but context matters.14 The context in which the word “reasonable” is used informs what it modifies. In the Title VII religious discrimination context, the word “reasonably” modifies “accommodate.”
religious discrimination context, the word “accommodate” requires the employer to offer an adjustment that allows the employee to fulfill the religious tenet but requires nothing more from the employer. The word “reasonably” informs how an employer provides an accommodation that eliminates the conflict, but it does not obligate the employer to “choose any particular reasonable accommodation,” Ansonia, 479 U.S. at 68, or grant an employee‘s preferred accommodation, Getz, 802 F.2d at 74.
In evaluating whether the avenue is reasonable, we look at the manner in which the accommodation is implemented. For example, paid leave or use of vacation time, Getz, 802 F.2d at 74, unpaid leave, Ansonia, 479 U.S. at 70, transfers, Shelton, 223 F.3d at 226, 228, and shift swapping, Hardison, 432 U.S. at 77-78, are all possible avenues to eliminate a conflict between working on a specific day and observing one‘s religion on that day. However, some accommodations that eliminate a conflict may still be unreasonable. An employer that provides unpaid personal leave for religious observance may accommodate an employee whose religion forbids work on a particular day, thus eliminating the conflict between work and religion; but if that employer provided paid leave to accommodate other employees with nonreligious work conflicts, we would likely hold the accommodation unreasonable. See Ansonia, 479 U.S. at 71 (“[U]npaid leave is not a reasonable accommodation when paid leave is provided for all purposes except religious ones. A provision for paid leave ‘that is part and parcel of the employment relationship may not be doled out in a discriminatory fashion, even if the employer would be free . . . not to provide the benefit at all.‘“) (emphasis and citation omitted).
status or benefits.‘“) (quoting Cosme v. Henderson, 287 F.3d 152, 160 (2d Cir. 2002)). 16
Here, USPS attempted to facilitate shift swaps for Groff on each Sunday that he was scheduled to work. 17 Between March 2017 and May 2018, Groff was scheduled to work on twenty-four Sundays. The Holtwood Postmaster testified that, for each week Groff was scheduled for Sunday work, he sent emails seeking volunteers from other offices. Despite these undisputed good-faith efforts, USPS was unsuccessful in finding someone to swap shifts on twenty-four Sundays over a sixty-week period. Because no coverage was secured and Groff failed to appear for work, he was disciplined. Thus, even though shift swapping can be a reasonable means of
accommodating a conflicting religious practice, here it did not constitute an “accommodation” as contemplated by Title VII because it did not successfully eliminate the conflict.
As a result, we next consider whether exempting Groff from Sunday work—which would eliminate the conflict—would result in an undue hardship.
C
An employer is not required “to accommodate at all costs.” Ansonia, 479 U.S. at 70. Where an employer‘s good-faith efforts to accommodate have been unsuccessful, the inquiry turns to whether the employer demonstrated that “such an accommodation would work an undue hardship upon the employer and its business.” GEO Grp., 616 F.3d at 271. “An ‘undue hardship’ is one that results in more than a de minimis cost to the employer.”18 Id. at 273. Both economic and non-economic costs suffered by the employer can constitute an undue hardship. Id. The undue hardship analysis is case-specific, requiring a court to look to “both the fact as well as the magnitude of the alleged undue hardship,” though it is “not a difficult threshold to pass.” Id. (quoting Webb, 562 F.3d at 260).
Examples of undue hardships include negative impacts on the employer‘s operations, such as on productivity or quality, personnel and overtime costs, increased workload on other employees, and reduced employee morale.19 See, e.g., Walmart Stores E., L.P., 992 F.3d at 659 (noting that “Title VII does not require an employer to offer an ‘accommodation’ that comes at the expense of other workers” and concluding undue hardship as shown where employer demonstrated that proposed accommodations would require “more than a slight burden when vacations, illnesses, and vacancies reduced the number of other” employees available); Harrell v. Donahue, 638 F.3d 975, 980-81 (8th Cir. 2011) (giving postal worker Saturdays off constituted an undue hardship because it would have burdened co-workers with more weekend work); Firestone Fibers, 515 F.3d at 317 (“[W]hen determining the reasonableness of a possible accommodation, it is perfectly permissible for an employer to consider the impact it would have on . . . other employees.“); Virts v. Consol. Freightways Corp. of Del., 285 F.3d 508, 520-21 (6th Cir. 2002) (holding that accommodations that would potentially adversely impact other employees by causing them to receive less profitable routes or less time off between routes amounted to undue hardship); Bruff, 244 F.3d at 501 (holding that requiring coworkers to “assume a disproportionate workload,” or for employer to overschedule employees to provide accommodation, “is an undue hardship as a matter of law” and “clearly involve[s] more than de minimis cost,” after considering size of the staff and the nature of the employer‘s
business); Opuku-Boateng, 95 F.3d at 1468 (acknowledging that an employer may show either “hardship on the plaintiff‘s coworkers” or on the conduct of the business to demonstrate undue hardship); Brown v. Polk Cnty, Iowa, 61 F.3d 650, 656-57 (8th Cir. 1995) (en banc) (concluding no undue hardship where conduct created potential for polarization amongst staff, but did not result in any “actual imposition on co-workers or disruption of the work routine“) (quoting Burns v. S. Pac. Transp. Co., 589 F.2d 403, 407 (9th Cir. 1978)); Eversley v. MBank Dallas, 843 F.2d 172, 176 (5th Cir. 1988) (concluding it was “unreasonable and an undue hardship on an employer to require the employer to force employees, over their express refusal, to permanently switch from a daytime
Groff‘s proposed accommodation of being exempted from Sunday work would cause an undue hardship. Exempting Groff from working on Sundays caused more than a de minimis cost on USPS because it actually imposed on his coworkers, disrupted the workplace and workflow, and diminished employee morale at both the Holtwood Post Office and the Lancaster Annex hub. The Holtwood Post Office to which Groff was assigned had only a postmaster and three RCAs (including Groff) available for Sunday deliveries. Because Groff would not work on Sundays, only three individuals remained who could work on Sundays during the peak season. After the one RCA who covered for Groff was injured, only the Holtwood Postmaster and the remaining RCA were available to work the Sunday shift. This placed a great strain on the Holtwood Post Office personnel and even resulted in the Postmaster delivering mail on some Sundays. The Holtwood Postmaster testified, “[o]ther carriers were being forced to cover [Groff‘s] shifts and give up their family time, their ability to attend church services if they would have liked
to,” and these additional demands “created a tense atmosphere with the other RCAs.” JA464.
At the hub, Groff‘s absences also had an impact on operations and morale. The hub supervisor testified that Groff‘s absence made timely delivery more difficult, and carriers had to deliver more mail. As at the Holtwood Post Office, Groff‘s absence also had a negative impact on morale among the RCAs at the hub and resulted in a Union grievance being filed. According to management, allowing Groff to swap shifts was the only accommodation that would not impact operations and exempting him from the rotation would result in other employees “do[ing] more than their share of burdensome work.” JA218; see also JA468, 492, 599. Thus, Groff‘s absences caused, and exempting Groff from Sunday work would continue to cause, an undue hardship.
Because exempting Groff from Sunday work caused undue hardship, USPS did
IV
For the foregoing reasons, we will affirm.
Gerald E. Groff v. Louis DeJoy, Postmaster General USPS,
No. 21-1900
HARDIMAN, Circuit Judge, dissenting.
The United States Postal Service offered Gerald Groff an accommodation that failed to eliminate the conflict between his religious practice and job requirements. I agree with my colleagues that such an accommodation cannot be “reasonable” under Title VII. Judge Shwartz‘s cogent analysis follows Supreme Court precedent in clarifying what it means to “reasonably accommodate” an employee‘s religious observance or practice,
But without more facts, I cannot agree that USPS has established “undue hardship on the conduct of [its] business” by accommodating Groff‘s sincerely held religious belief.
USPS ultimately may be able to prove that accommodating Groff would have caused its business to suffer undue hardship. Because it has not yet done so, I respectfully dissent in part.1
I
In deciding Groff‘s case, the District Court inferred an atextual rule from Title VII: “an accommodation that causes more than a de minimis impact on co-workers creates an undue hardship.” Groff, 2021 WL 1264030, at *12 (observing that
Title VII requires USPS to show how Groff‘s accommodation would harm its business, not merely how it would impact Groff‘s coworkers. By affirming the District Court‘s atextual rule, the Majority renders any burden on employees sufficient to establish undue hardship, effectively subjecting Title VII religious accommodation to a heckler‘s
veto by disgruntled employees. Even USPS is unwilling to go that far.3
While it may ultimately be able to prove such undue hardship—“one that results in more than a de minimis cost to the employer,” EEOC v. GEO Grp., Inc., 616 F.3d 265, 271 (3d Cir. 2010)—USPS did not satisfy its burden at the summary judgment phase. Speculative, or even actual, effects on USPS employees in Lancaster or Holtwood cannot suffice to prove undue hardship. And taking all inferences in Groff‘s favor, as required at summary judgment, issues of material fact remain regarding USPS‘s claims related to RCA scheduling and overtime. Accordingly, I would remand so the District Court could evaluate those factual issues before concluding that USPS‘s business would suffer undue hardship by accommodating Groff.
A
I begin with USPS‘s claim that skipping Groff on Sundays would result in “fewer days off for the other RCAs.” DeJoy Br. 57. Even if we accept its math—which seems debatable, given the possibility of Groff working every Saturday and holiday that doesn‘t fall on Sunday—the claim does not support USPS‘s argument. An employer does not establish undue hardship by pointing to a more-than-de-minimis impact on an employee‘s coworker. As I noted already, Title VII concerns undue hardship on the employer‘s business. See
The Majority rightly notes that “Groff was scheduled to work on twenty-four Sundays” between March 2017 and May 2018. Maj. Op. at 23. But most of those Sundays were during non-peak season, when Groff would have been assigned to work at the Lancaster Annex hub, not his home station in Holtwood. The Lancaster Annex hub drew RCAs from all over the
Groff‘s accommodation created a predicament for the Holtwood Postmaster between Thanksgiving and New Years, since he could assign only Holtwood-based RCAs to cover Groff‘s local delivery routes. Even so, an employer does not establish undue hardship by pointing to a more-than-de-minimis impact on an employee‘s coworker. Without more evidence, USPS cannot rely on the limited experience of the Holtwood station at Christmastime to establish that its business would suffer undue hardship by accommodating Groff. At trial, the District Court could clarify whether scheduling difficulties created an undue hardship on USPS‘s business, not simply its Postmaster in Holtwood or certain Lancaster Annex RCAs.
B
Second, USPS cites testimony from Groff‘s former Postmaster to claim that “when Groff did not work on Sundays it caused overtime at the Holtwood station.” DeJoy Br. 59. But where is the documentation of paid overtime wages? USPS has provided none. In fact, its corporate representative acknowledged that she had no idea whether overtime costs were incurred to accommodate Groff. The representative also conceded that scheduling an extra RCA in advance to take Groff‘s place on Sundays would not harm USPS; Groff‘s former postmaster acknowledged the same in his email to USPS Labor Relations.
We cannot assume that USPS paid overtime it would not have otherwise owed another RCA to cover for Groff. The parties stipulated that every RCA received overtime pay for working Sundays and holidays, whether or not they were covering for Groff. Since Groff would have been paid overtime for Sunday work, any salary that would have been owed him had he worked Sundays should have been used to pay another RCA, resulting in no additional cost to USPS.
I also note that an obligation to pay overtime “only at Holtwood during peak season,” DeJoy Br. 59—no more than six Sundays, presuming Groff was assigned each Sunday between Thanksgiving and New Years in 2017—might be insufficient to establish undue hardship. EEOC regulations “presume that the infrequent payment of premium wages for a substitute . . . are costs which an employer can be required to bear as a means of providing a reasonable accommodation.”
In sum, Title VII requires USPS to show how Groff‘s accommodation would harm its business. Inconvenience to Groff‘s coworkers alone doesn‘t constitute undue hardship. USPS may be able to prove such undue hardship at trial. But taking all inferences in Groff‘s favor at summary judgment, multiple issues of material fact remain. I would remand so the District Court can determine whether USPS suffered an undue hardship.
II
Neither snow nor rain nor heat nor gloom of night stayed Gerald Groff from the completion of his appointed rounds. But his sincerely held religious belief precluded him from working on Sundays. Because USPS has not yet shown that it could not accommodate Groff‘s Sabbatarian religious practice without its business suffering undue hardship, I respectfully dissent. The cause should be remanded for a trial on the question of undue hardship.