The Supreme Court refused to take up an appeal that could have resulted in a different standard for when employers must accommodate the religious beliefs of employees, but two justices objected to the decision in a strongly worded dissent. The case is Small v. Memphis Light, Gas & Water, court file 19-1388. The Supreme Court denied Small’s petition for certiorari, or review, in an unsigned order April 5 without explaining why, as is its custom when refusing to hear cases. Justice Neil Gorsuch wrote an opinion dissenting from the denial of certiorari, which Justice Samuel Alito joined. Federal law requires companies to accommodate employees’ religious beliefs as long doing so does not cause “undue hardship,” the Supreme Court ruled in 1977 in Trans World Airlines v. Hardison. In that decision the court construed “undue hardship” as anything that has a more than “de minimis,” or trivial cost. The petitioner, Jason Small, asked the …
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