As in the Legislative Overview, we’re going to talk about some of the HR updates from the Supreme Court and their rulings. This was a busy session, and many decisions affecting employment law were decided upon as June ended. So, let’s dive right in.

Religious Accommodation 

Gerald Groff, a mail carrier employed by the United States Postal Service, was informed that he had to work on Sundays to handle package deliveries. However, this clashed with his religious observance of attending church on Sundays. Initially, the USPS had respected Mr. Groff’s request for Sundays off as religious accommodation. However, due to high package volumes and limited staffing, the USPS mandated him to work on Sundays. When he declined, he faced disciplinary consequences.

The postal carrier took the matter to court, requesting no religious accommodation for Sundays off from work. Following the legal process, the petition eventually reached the Supreme Court.

The Supreme Court sided with Gerald Groff, establishing a precedent that employers are obligated to accommodate an employee’s deeply held religious beliefs, allowing them time off for prayer or worship. This ruling also raised the standard significantly for businesses seeking to deny religious accommodation requests. Now, they must demonstrate that fulfilling the request would pose a substantial hardship to the company.

Unionization 

Concrete delivery drivers from Glacier Northwest, all part of the Teamsters Union, arrived at work, operating the cement mixers and machinery just as they would on any other day, although they had planned to strike that morning. When the agreement between the union and Glacier ended, the Teamsters chose to leave the site. This decision led to even drivers who were en route for deliveries being recalled. Glacier managed to salvage most of their trucks by unloading the cement before it solidified in the drums, but unfortunately, the cement itself was a complete loss.

While the NLRB typically safeguards most unions, in this instance, the Teamsters’ actions were deemed malicious. Glacier Northwest filed a lawsuit against the union for the incurred damages and emerged victorious. The union attempted to dismiss the claims, citing NLRB protection, but this defense proved unsuccessful. The ruling determined that the union deliberately caused the damage due to the ongoing labor dispute.

This incident highlights a few crucial points. The NLRB supports employees’ rights to collectively challenge employers or unionize to improve workplace conditions and livelihoods through peaceful strikes and protests. However, it does not condone intentionally causing harm or damage to a business. The Supreme Court also weighed in on this case, concurring with the NLRB’s updated stance.

Affirmative Action

Recently, the Supreme Court decided to eliminate affirmative action policies in higher education, particularly concerning college admissions. Affirmative action had been instrumental in diversifying college and university classrooms. The debate was centered around the notion that if a specific gender, age, or nationality quota was already met, it could potentially prevent highly qualified individuals from accessing higher education.

How does this relate to employers? If a company implements affirmative action and hires individuals not based on their qualifications for the job, but rather to enhance the company’s diversity statistics, it might be wise to reconsider such a practice.

To determine whether your existing hiring or recruiting policy aligns with an affirmative action program, consult a legal counsel and/or HR professional.

Gender Dysmorphia 

The Supreme Court decided not to review the case advocating for Gender Dysmorphia to be recognized as a disability under the ADA. It’s likely that this issue will resurface in the future, sparking further discussion within the Court.

The Supreme Court was on a Summer Recess in June/July until the first Monday in October. That is when proceedings will resume, so we can expect to see changes happening soon.

Paul Carelis, SHRM-CP, PHR – VP of HR Services, MP

Paul has over a decade of experience in the HR consulting space, working with businesses of all sizes and industries, leading a team of SHRM-certified HR professionals at MP. Together, they assist clients with compliance, training, and HR guidance, and support for the full employee life cycle. 

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