• Home
  • Subscribe
    • Staff
    • Comment Section
    • Submitting Articles and News Stories
  • Articles
  • News
  • Apologetics
    • By Month
    • By Author
    • Articles
    • News
  • Contact
Menu

Fulcrum7

3230 US Route 36
Piqua, OH 45356
937-773-8235
Publishing Articles & News items

Your Custom Text Here

Fulcrum7

  • Home
  • Subscribe
  • About
    • Staff
    • Comment Section
    • Submitting Articles and News Stories
  • Articles
  • News
  • Apologetics
  • Archives
    • By Month
    • By Author
    • Articles
    • News
  • Contact
44.5.png

Articles

The End of Hardison? Religious Liberty Update

January 17, 2023 Bruce N. Cameron

A revolution in workplace religious liberty is in the works.

On January 13, 2023, the United States Supreme Court granted review in Groff v. DeJoy, Docket Number 22-174. Gerald Groff was an employee of the United States Postal Service. His religious beliefs require him to refrain from working on Sunday. He ran into problems when the USPS entered into an agreement with Amazon to deliver packages on Sunday.  Not compromising his religious beliefs, Groff was progressively disciplined by USPS for not working on his day of worship. When it became apparent that he would be fired, he resigned and sued the USPS for failing to accommodate him.

Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et. seq.) requires that employers, unions, and employment agencies not only refrain from discriminating against employees based on their religious beliefs, but also requires, based on a clarifying 1972 amendment, that employee religious practices be reasonably accommodated. The law contains an escape clause. It releases employers from the accommodation obligation if accommodating would cause an “undue hardship on the conduct of the employer’s business.”

In what can only be seen as a case of judicial activism, a majority of the Justices on the U.S. Supreme Court in 1977 decided that “undue hardship” meant anything “more than a de minimis cost.” Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977). The dissent noted that the cost of accommodation for TWA would have been $150.00. TWA at that time was one of the largest air carriers in the nation. Using the ordinary meaning of “hardship,” what financial loss would constitute a hardship for TWA? The loss of a million dollars? Unlikely. The statute requires not simply a hardship, but an “undue” hardship. This departure from the ordinary meaning of the term written by Congress caused Justice Marshall to call this interpretation of the phrase a “mockery” of the statute. He was right.

The Hardison decision has caused an enormous amount of suffering for observant Seventh-day Adventist and other Sabbatarian employees for over four decades.

The good news is that three current conservative justices on the Court have called for reconsideration of Hardison and now the High Court has agreed to review it in Groff.

Adventist religious liberty attorneys, Alan J. Reinach and Jonathon Cherne, are two of the attorneys representing Gerald Groff.  First Liberty Institute of Texas is providing funding for the case. Todd McFarland of the Office of the General Counsel of the Seventh-day Adventist Church filed a brief urging the Court to review Groff, and Blaine Hutchison and I filed a brief for one of our clients and the Christian Legal Society funded by the National Right to Work Legal Defense Foundation urging review.  Let’s pray that we can overturn Hardison before it turns 50!

Those interested in reading the filings in the case can find the Court docket here: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-174.html

 

By Bruce N. Cameron

Bruce N. Cameron is the Reed Larson Professor of Labor Law at Regent University School of Law and is on the litigation staff of the National Right to Work Legal Defense and Education Foundation.

In Articles Tags religious liberty, Sabbath, Seventh-day Adventist
← Religious Liberty Sabbath at Village Church, My ReportWhen is it Time to Disfellowship? EUD's Response to Pellegrini (part 2) →
Send Fulcrum7 a News Tip !
 
Featured
Pray For The Village Church
October 1, 2026
Bob A. Kenison
Pray For The Village Church
October 1, 2026
Bob A. Kenison

A bit of research found the Michigan conference president, Jim Micheff, was not “put into position” at a regularly scheduled constituency meeting.  Rather he was “appointed to the position” due to the previous president retiring before the constituency meeting was to be held.

Read more →
October 1, 2026
Bob A. Kenison
Former Andrews Faculty Heather Thompson Day and Seth Day Arrested in Texas
September 29, 2026
NewsHound
Former Andrews Faculty Heather Thompson Day and Seth Day Arrested in Texas
September 29, 2026
NewsHound

Both were booked on a charge of injury to a child, elderly, or disabled individual with intent to cause bodily injury. Bond was set at $100,000 for each. Seth is charged with sexual assault of a child.

Read more →
September 29, 2026
NewsHound
ADRA Helping to Fund Migrant Caravan Marching To United States Border
September 28, 2026
NewsHound
ADRA Helping to Fund Migrant Caravan Marching To United States Border
September 28, 2026
NewsHound

At least two NGOs are funding this caravan. ADRA and Proyecto Faro, according to independent reporter Anthony Aguero. Both NGO’s are ideologically aligned with the political, or progressive, left.

Read more →
September 28, 2026
NewsHound
Female Pastor Says Jesus Was Transgender, Even Though Mary Assigned Him Male at Birth
September 25, 2026
Gerry Wagoner
Female Pastor Says Jesus Was Transgender, Even Though Mary Assigned Him Male at Birth
September 25, 2026
Gerry Wagoner

This is not a daring new reading of Scripture. It is a late-stage ideological overlay that treats the Incarnation as raw material for a 21st-century identity project. It collapses the moment you open the Bible.

Read more →
September 25, 2026
Gerry Wagoner
Oregon Approves Six Women For Ordination After NPUC  Allows Conferences To Ordain Whoever They Wish
September 25, 2026
NewsHound
Oregon Approves Six Women For Ordination After NPUC Allows Conferences To Ordain Whoever They Wish
September 25, 2026
NewsHound

There are two battle fronts confronting Adventism right now, and they are both aspects of gender confusion. They are Women’s Ordination and the LGBTQ+ Agenda.

Read more →
September 25, 2026
NewsHound
Barbara O'Neil Arrested in Qatar, During Public Speaking Event -- Prayers Sought
September 24, 2026
NewsHound
Barbara O'Neil Arrested in Qatar, During Public Speaking Event -- Prayers Sought
September 24, 2026
NewsHound

We will provide further details as they become available. Please pray for Barbara and those who are helping her work through this difficult ordeal

Read more →
September 24, 2026
NewsHound
Pacific Union Elects New President
September 18, 2026
NewsHound
Pacific Union Elects New President
September 18, 2026
NewsHound

Modesty is a biblical principle, and leaders ought to demonstrate this principle, lest they violate the conscience of people they serve—both children and adults alike.

Read more →
September 18, 2026
NewsHound
U.S. Official Nixes Bull Sculpture Planned For Belgrade World's Fair
September 16, 2026
David Read
U.S. Official Nixes Bull Sculpture Planned For Belgrade World's Fair
September 16, 2026
David Read

How a western bull sculpture became conflated with Baal worship, in the mind of one State Department official

Read more →
September 16, 2026
David Read
9/11: My First-Person Account and Reflections from the Darkness
September 11, 2026
Michelle Stembridge
9/11: My First-Person Account and Reflections from the Darkness
September 11, 2026
Michelle Stembridge

It seems the ability to respect differences of opinion is lost and many feel justified in using destructive and violent methods to silence those with whom they disagree.  

Read more →
September 11, 2026
Michelle Stembridge
Canada Issues Godless Gag Order for Chaplains, Don't Mention God in Public
September 9, 2026
NewsHound
Canada Issues Godless Gag Order for Chaplains, Don't Mention God in Public
September 9, 2026
NewsHound

This new rule alienates people who have faith and believe in a the God of the Bible. Critics argue that removing prayers detracts from the long history and tradition of regimental or mealtime prayers.

Read more →
September 9, 2026
NewsHound
Summary Block
This block is invalid. Please check the block settings and try again.
Featured
Aenean eu leo Quam
Aenean eu leo Quam

Quisque iaculis facilisis lacinia. Mauris euismod pellentesque tellus sit amet mollis.

Read more →

© FULCRUM7