Whether the Court should disapprove the Hardison test for refusing Title VII religious accommodations

QUESTIONS PRESENTED Title VII of the Civil Rights Act of 1964 generally prohibits an employer from discriminating against an individual “because of such individual’s * * * religion.” 42 U.S.C. §§ 2000e-2(a)(1), (2). The statute defines “religion” to include “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.” Jd. § 2000e(j). In Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), this Court stated that an employer suffers an “andue hardship” in accommodating an employee’s religious exercise whenever doing so would require the employer “to bear more than a de minimis cost.” Jd. at 84. The questions presented are: 1.Whether this Court should disapprove the test for refusing Title VII religious accommodations stated in Trans World Airlines, Inc. v. Hardison, 432 U.S. 68 (1977). 2.Whether an employer may demonstrate “undue hardship on the conduct of the employer’s business” under Title VII merely by showing that the requested accommodation burdens the employee’s co-workers rather than the business itself.