In Groff v. DeJoy, the United States Supreme Court corrected a misreading of Title VII’s religious protections that had limited the rights of religious workers for years. In 1977, the Court considered the provisions of Title VII that require employers to accommodate the religious practices of their employees unless doing so would impose an “undue hardship on the employer’s business.” It said that undue hardship meant any effort or cost that was “more than ... de minimis.”
The American Constitutional Rights Union, joined by the Alabama Center for Law and Liberty, filed a friend-of-the-court brief in the U.S. Court of Appeals for the Eleventh Circuit in support of Navy Seal 1 and other religious objectors to the military’s demand that they receive the COVID-19 vaccines.
With the recent successful filibuster blocking Senate consideration of the so-called “For the People Act,” the Supreme Court’s decision in Brnovich takes on added importance. By reversing the Ninth Circuit’s decision, as The ACRU argued it should, Arizona’s race-neutral, generally applicable election rules limiting out-of-precinct voting and ballot harvesting will stand without any danger of preemption by federal statute.