Trans World Airlines, Inc. v. Hardison
Open-knowledge reference entry
Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), is a landmark decision on religious liberty and employment law. In 1977, the US Supreme Court held that an employer may discharge an employee who observes a seventh-day sabbath, and that such employee is not entitled to equal employment opportunity protection under Title VII of the Civil Rights Act of 1964, which makes it an unlawful employment practice for an employer to discriminate against an employee on the basis of his religion.
This ruling has been significantly tailored by Groff v. DeJoy which held that increased costs that are more than 'de minimis' are not sufficient to demonstrate 'undue hardship', and that the onus is on the employer to demonstrate that granting the exemption would incur "substantial increased costs" compared to the normal costs of business.
Case History
Larry Hardison was an employee at Trans World Airlines. Hardison was a member of the Worldwide Church of God and refused to work on Saturdays which was his sabbath. TWA transferred him from the night shift to the daytime on Saturdays. However, his seniority was affected by the shift change, and the union did not allow him to take Saturdays off.
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