In Reconsidering a 1977 Ruling, the Supreme Court Might Greatly Expand Protections for Sabbath Observers

Over 40 years ago, Larry Hardison—a member of a church that observes the Sabbath on Saturday—lost his job at the now-defunct Trans World Airlines for refusing to work on his holy day. When Hardison challenged his firing in court, the airline argued that it should not be required to allow Harden to trade his shift with another worker, who by reason of seniority would receive greater pay. The Supreme Court at the time sided with the airline. At issue was a 1972 amendment to the Civil Rights Act, requiring employers to provide “reasonable accommodation” for an employee’s “religious observance and practice,” so long as doing so does not involve “undue hardship.” The American Jewish lawyer Nathan Lewin, who helped to argue Hardison’s case before the Supreme Court, outlines the question at hand: