Is the U.S. Entering the 'Muddy Waters' of UK Employment Law?
The recent legal victory for Gerald Groff, a former postal worker who refused to work Sundays due to his religious beliefs, has changed the landscape of religious accommodation in U.S. workplaces. The Supreme Court’s decision in 2023 already raised the standard for when an employer can refuse accommodations, but the latest ruling—rejecting the USPS’s argument that union contracts override individual rights—has pushed the U.S. closer to the UK’s ‘muddy waters’ approach to employment law.
How This Ruling Aligns With UK Legislation
Historically, U.S. employment law has been clear-cut, with strict interpretations of legal obligations. By contrast, UK employment law often relies on balancing competing interests, making rulings more nuanced but also more unpredictable.
In the UK, the Equality Act 2010 requires employers to accommodate religious beliefs unless they can prove a “proportionate means of achieving a legitimate aim.” This introduces gray areas where employers must balance business needs against employee rights.
In the U.S., religious accommodation used to be easier to deny—employers only had to show a “minimal hardship.” But the Groff ruling changed this standard to “substantial increased costs”, making it much less predictable.
Why the U.S. is Moving Toward 'Muddy Waters'
1. Less Predictability for Employers
Previously, U.S. employers had a clear defense: they could deny a religious accommodation if it caused any more than a minimal burden. Now, courts must decide what “substantial increased costs” mean, much like in UK law where reasonableness and proportionality shape rulings.
2. Union Contracts No Longer Offer Protection
One of the biggest surprises in this ruling was the rejection of the USPS’s argument that union agreements should take precedence over individual accommodations. While UK courts consider collective agreements, this ruling suggests that in the U.S., contracts can’t override civil rights, adding a new layer of complexity.
What This Means for Employers
U.S. employers now face greater uncertainty when managing religious accommodations, just as UK employers have for years. Cases will increasingly turn on factors like:
Financial impact—how much is “substantial”?
Disruption to operations—who determines what’s reasonable?
Legal challenges—how will courts interpret this in different industries?
This shift marks a fundamental change in U.S. employment law, where religious accommodation is no longer a simple yes-or-no question but a nuanced balancing act—just like in the UK.
If your business needs help navigating these legal changes, Lomond Legal is here to provide expert guidance. Contact us today.