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Groff v. DeJoy

Description:  Gerald Groff is suing the U.S. Postal Service for failing to accommodate his religious practice, consistent with Title VII that protects all Americans’ right to live and work according to their religious beliefs.

U.S. Supreme Court building in Washington, D.C.
Thursday, Jun 29, 2023

The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch regarding the U.S. Supreme Court’s decision Thursday in Groff v. DeJoy to uphold meaningful religious accommodations in the workplace for employees of all faiths:

“Federal law protects employees’ ability to live and work according to their religious beliefs. Employers must provide reasonable accommodations for employees’ religious practice unless doing so imposes undue hardships on their operations. For too long, that duty had been erased by a misguided court ruling. Thankfully, the Supreme Court clarified Trans World Airlines v. Hardison and affirmed that Title VII requires employers to grant religious accommodations in the absence of substantial additional costs in relation to the business. And coworker dislike of religious beliefs or practices is ‘off the table’ for consideration when making that assessment. This standard protects all Americans’ right to live and work in a manner consistent with their faith.”

ADF attorneys filed two friend-of-the-court briefs with the Supreme Court in this case: The first in September 2022 urging the court to take the case and the second in February of this year after the court agreed to do so. Both briefs were filed on behalf of John Kluge, a former Indiana music teacher who, in a separate case of his own, is challenging a public school’s decision to revoke his Title VII accommodation based on ideological complaints about his religious beliefs, which then forced Kluge to resign.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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ABOUT John Bursch

John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.