No. 19-1388

Jason Small v. Memphis Light, Gas & Water

Lower Court: Sixth Circuit
Docketed: 2020-06-18
Status: Denied
Type: Paid
Amici (4)Response RequestedRelisted (13) Experienced Counsel
Tags: civil-rights de-minimis-cost employment-discrimination religious-accommodation statutory-interpretation title-vii undue-hardship
Key Terms:
SocialSecurity EmploymentDiscrimina
Latest Conference: 2021-04-01 (distributed 13 times)
Question Presented (AI Summary)

Whether Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 84 (1977), which stated that employers suffer an 'undue hardship' in accommodating an employee's religious exercise whenever doing so would require them 'to bear more than a de minimis cost,' misinterprets § 2000e(j) and should be overruled

Question Presented (OCR Extract)

QUESTION PRESENTED In Title VII of the Civil Rights Act of 1964, Congress generally prohibited private employers from discriminating against an individual “because of such individual’s * * * religion.” 42 U.S.C. §§ 2000e—2(a)(1) and (2). In 1972, Congress amended the statute to specify that “religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.” Id. § 2000e(). The question presented is: Whether Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 84 (1977), which stated that employers suffer an “undue hardship” in accommodating an employee’s religious exercise whenever doing so would require them “to bear more than a de minimis cost,” misinterprets § 2000e(j) and should be overruled.

Docket Entries

2021-04-05
Petition DENIED. Justice Gorsuch, with whom Justice Alito joins, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-1388_4f14.pdf'>Opinion</a>)
2021-03-29
DISTRIBUTED for Conference of 4/1/2021.
2021-03-22
DISTRIBUTED for Conference of 3/26/2021.
2021-03-15
DISTRIBUTED for Conference of 3/19/2021.
2021-03-01
DISTRIBUTED for Conference of 3/5/2021.
2021-02-22
DISTRIBUTED for Conference of 2/26/2021.
2021-02-12
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
Rescheduled.
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-12
Rescheduled.
2021-01-11
DISTRIBUTED for Conference of 1/15/2021.
2021-01-05
Rescheduled.
2021-01-04
DISTRIBUTED for Conference of 1/8/2021.
2020-12-09
Rescheduled.
2020-12-07
DISTRIBUTED for Conference of 12/11/2020.
2020-12-01
Rescheduled.
2020-11-30
DISTRIBUTED for Conference of 12/4/2020.
2020-11-18
Rescheduled.
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-11-03
Reply of petitioner Jason Small filed. (Distributed)
2020-10-16
Brief of respondent Memphis Light, Gas & Water in opposition filed.
2020-09-03
Motion to extend the time to file a response is granted in part; the time is extended to and including October 16, 2020.
2020-09-01
Response to motion from petitioner Jason Small filed.
2020-09-01
Motion to extend the time to file a response from September 18, 2020 to October 19, 2020, submitted to The Clerk.
2020-08-19
Response Requested. (Due September 18, 2020)
2020-08-05
DISTRIBUTED for Conference of 9/29/2020.
2020-07-20
Brief amici curiae of National Jewish Commission on Law and Public Affairs, et al. filed.
2020-07-20
Brief amici curiae of Religious Liberty Scholars et al. filed.
2020-07-17
Brief amici curiae of Christian Legal Society, National Association of Evangelicals, Association of Christian Schools International, Institutional Religious Freedom Alliance, Queens Federation of Churches filed.
2020-07-17
Brief amici curiae of Muslim Advocates and The Sikh Coalition filed.
2020-07-10
Blanket Consent filed by Petitioner, Jason Small.
2020-06-15
Petition for a writ of certiorari filed. (Response due July 20, 2020)

Attorneys

Christian Legal Society, National Association of Evangelicals, Association of Christian Schools International, Institutional Religious Freedom Alliance, Queens Federation of Churches
Kimberlee Wood ColbyChristian Legal Society, Amicus
Kimberlee Wood ColbyChristian Legal Society, Amicus
COLPA
Nathan Lewin — Amicus
Nathan Lewin — Amicus
Jason Small
Steffen Nathanael JohnsonWilson Sonsini Goodrich & Rosati, Petitioner
Steffen Nathanael JohnsonWilson Sonsini Goodrich & Rosati, Petitioner
Memphis Light, Gas & Water
Rodrick Darnell HolmesBoyle Brasher LLC, Respondent
Rodrick Darnell HolmesBoyle Brasher LLC, Respondent
Muslim Advocates and The Sikh Coalition
Jeremy Brooks RosenHorvitz & Levy LLP, Amicus
Jeremy Brooks RosenHorvitz & Levy LLP, Amicus
Religious Liberty Scholars et al.
Harold Douglas LaycockUniversity of Virginia Law School, Amicus
Harold Douglas LaycockUniversity of Virginia Law School, Amicus