Supreme Court cites CAIR’s work in explaining why right to accommodations is important
(WASHINGTON, D.C., 6/29/2023) — The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today applauded a decision by the U.S. Supreme Court making it easier for employees to seek religious accommodations in the workplace.
SEE: Supreme Court Strengthens Religious Freedom Protections for Workers
https://time.com/6291256/groff-dejoy-religious-freedom-supreme-court/
SEE: Supreme Court rules for Christian postal worker who refused to work on Sundays
Prior to this decision, as detailed in CAIR’s amicus (friend of the court) brief filed in this case, employers could deny religious accommodations to employees if the employer could show anything more than a “de minimis” (minimal) burden the accommodation would place on the employer.
The “de minimis” rule has been used to prevent Muslim women from wearing hijab in the workplace based on speculative security concerns or even worries that Islamophobes might disapprove of hijab.
SEE: AMICUS BRIEF
Today, in Groff, the Supreme Court rejected the “de minimis test” and clarified that an employer denying an employee’s religious accommodation has the burden of showing that the accommodation must impose a “substantial” hardship on the employer that cannot be avoided through other means.
In announcing the opinion of the Court, Justice Alito cited to CAIR’s amicus brief, explaining how CAIR showed “that the de minimis test has blessed the denial of even minor accommodation in many cases, making it harder for members of minority faiths to enter the job market.” As a result, “Muslim women wearing religiously mandated attire have lost employment opportunities and have been excluded from critical public institutions like public schools, law enforcement agencies, and youth rehabilitation centers.”
This is the second time since 2021 that the Supreme Court has cited CAIR’s work in its opinions. In Americans for Prosperity v. Bonta, the Supreme Court cited a CAIR amicus brief in a decision protecting the privacy of donors to nonprofit organizations.
“Today’s Supreme Court ruling is an important victory for all people of faith, including American Muslims. For too long, American Muslims have been denied the right to perform daily prayers at work, wear hijab or kufi, or attend prayers on Fridays,” said CAIR National Executive Director Nihad Awad. “Today marks a new era.”
“We are happy the Supreme Court has restored the promise Title VII made that religious Americans would not have to leave their religion at the door when going to work,” said CAIR Trial Attorney Justin Sadowsky, who helps lead CAIR’s Supreme Court amicus project. “We are gratified to know that when CAIR speaks on behalf of American Muslims, the Supreme Court listens.”
John Friend also hailed the Court’s ruling. “Title VII uses the phrase ‘substantial burden.’ Substantial means substantial, not de minimis.”
Washington, D.C., based CAIR offers a booklet, called “An Employer’s Guide to Islamic Religious Practices,” to help employers gain a better understanding of Islam and Muslims in the workplace.
CAIR: An Employer’s Guide to Islamic Religious Practices
Washington, D.C., based CAIR has consistently defended the rights of American Muslims at their place of employment throughout the nation.
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: CAIR Trial Attorney Justin Sadowsky, 646-785-9154, jsadowsky@cair.com;;, CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, e-Mitchell@cair.com; CAIR National Communications Director Ibrahim Hooper, 202-744-7726, ihooper@cair.com; CAIR National Communications Manager Ismail Allison, 202-770-6280, iallison@cair.com; John Friend, John Friend Law, 502-542-2455, johnny@friendlawky.com