In 2023, the U.S. Supreme Court issued a landmark decision in Groff v. DeJoy, fundamentally changing the landscape of religious accommodation in the workplace. Yet many Michigan employees still don’t realize just how much this ruling strengthens their rights under both federal law (Title VII) and Michigan’s Elliott-Larsen Civil Rights Act (ELCRA).

For decades, employers could deny accommodations by claiming they imposed even a “more than de minimis cost.” That low bar allowed all kinds of refusals—schedule changes, prayer breaks, dress exceptions—based on mere inconvenience.

The Groff Decision: What Changed and Why It Matters

What the Supreme Court Held

It overturned the “de minimis hardship” standard.

For 46 years, employers could deny accommodations by claiming any burden—no matter how minor.

Employers must now prove “substantial increased costs.”

This is a significantly higher standard and requires real evidence, not assumptions or coworker complaints.

Employers must meaningfully consider religious accommodations.

They can’t just reject requests automatically or rely on general inconvenience.

Why This Is a Big Shift for Employees

Under Groff, Michigan employees now enjoy much stronger protection:

• Sabbath observers have a stronger right to avoid work on holy days.
• Employees requiring prayer breaks have more leverage in requesting flexible schedules.
• Religious clothing and grooming (hijabs, turbans, yarmulkes, beards) must be accommodated unless the employer can show substantial costs or safety risks.
• Holiday observances are easier to secure without penalty.

How Groff Interacts with Michigan’s Elliott-Larsen Civil Rights Act (ELCRA)

Michigan already protects employees from religious discrimination under ELCRA, which covers:

• Hiring
• Firing
• Scheduling
• Demotions
• Harassment
• Unequal treatment

Groff strengthens these protections by raising the burden employers must meet when denying accommodation requests.

For Michigan workers, that means:

• More leverage in negotiations
• More power to challenge unlawful denials
• Better footing in legal disputes
• Greater clarity when requesting time off or policy exceptions

Together, Groff + ELCRA give Michigan employees some of the strongest religious accommodation protections in the country.

What Counts as a Religious Accommodation Today?

Scheduling & Time Off

One of the most common types of religious accommodations involves when you work.

Employers may need to provide:

• Time off for Sabbath observance
• Leave for holy days or festivals
• Adjusted start/end times for daily prayer
• Shift swaps with coworkers
• Flexible scheduling
• Voluntary coverage arrangements

If there’s a workable solution—even if it requires mild disruption—the employer likely must allow it.

Dress, Clothing, and Grooming

Faith-related dress and grooming practices are strongly protected.

Common examples include:

• Hijabs
• Turbans
• Yarmulkes
• Religious head coverings
• Beards and hair requirements tied to faith
• Modest clothing accommodations

Uniform policies must bend unless a real safety risk exists—something employers must prove with evidence, not assumptions.

Religious Expression at Work

Employees generally have the right to:

• Pray privately
• Keep devotional items at their workstation
• Use religious greetings
• Express faith respectfully in non-disruptive ways

Employees also have the right to avoid certain workplace activities that conflict with their beliefs, such as:

• Ritual-style team-building exercises
• Certain holiday events
• Required messages or behaviors that conflict with religion

Employers must balance these rights with workplace professionalism—but Groff makes clear that they must try.

Work Assignments or Duties

In some situations, employees may request:

• Reassignment of specific tasks
• Temporary duty changes
• Limited task modifications
• Evaluation of alternatives that avoid religious conflicts

These requests are especially relevant in:

• Healthcare
• Manufacturing
• Retail
• Education
• Public safety roles

Employers must explore reasonable alternatives and cannot insist on one rigid way of doing things without proving substantial costs.

The New Employer Standard: “Substantial Increased Costs”

What Employers Must Prove Now

To legally deny a religious accommodation, employers must show:

A real, measurable cost—not just inconvenience.

It must be significant, documented, and more than the normal operational adjustments employers make every day.

Evidence that the accommodation would significantly disrupt operations.

This requires proof, not speculation. Employers must calculate and demonstrate actual impact—not rely on opinions or frustrations.

Consideration of actual alternatives.

Before saying no, employers must explore:

• Shift swaps
• Reassigning minor tasks
• Flexible start or end times
• Existing scheduling systems
• Temporary adjustments

If an alternative exists that avoids conflict with the employee’s religious practice and doesn’t create major disruption, the employer must consider it.

Examples of What No Longer Counts as Hardship

After Groff, employers cannot deny accommodations based on:

• “Coworkers will be annoyed.”
  Personal resentment is not a legal basis for refusal.
• “This requires minor schedule changes.”
  Small adjustments or administrative steps are not enough.
• “We’ve just never done it before.”
  Lack of past practice doesn’t justify refusal.
• “It might upset a customer.”
  Customer preference cannot override religious rights (unless tied to real safety or legal requirements).

These reasons used to be common—but they’re now legally insufficient.

Examples That May Still Qualify as Undue Hardship

Not every accommodation request must be granted. Employers can still deny requests that truly create substantial costs or risks.

Safety compromises

If refusing PPE or safety gear creates genuine danger—especially in manufacturing or healthcare—an employer may have a valid basis to deny the request.

Violating a collective bargaining agreement

If the requested accommodation would violate a union contract, the employer may not be able to grant it without union involvement.

Severe staffing shortages with no alternatives

If there are no available shift swaps, no volunteers, and no reasonable way to cover essential duties, the employer may have grounds for denial.

How to Request a Religious Accommodation

How to Start the Request

Your request must include two pieces of information:

1. Your sincerely held religious belief
2. How a job requirement conflicts with that belief

You do not need:

• A letter from a pastor, imam, or rabbi
• Proof that your religion is organized
• Scripture citations
• Long explanations

Sincerity—not formality—is the legal standard.

What to Include in Your Request

Description of the belief

Explain the religious practice or conviction in simple terms.

What part of the job creates the conflict

Be specific about the schedule, task, dress code, or duty that creates the issue.

The accommodation you’re seeking

Examples:

• “I am requesting Sundays off for Sabbath observance.”
• “I need a 10-minute prayer break at 2 p.m.”
• “I request permission to wear a hijab as part of my uniform.”

Willingness to collaborate

Courts like to see employees participating in solutions.

Employer’s Duty to Engage in the “Interactive Process”

After you make your request, the employer must:

• Discuss reasonable alternatives
• Ask questions respectfully and within bounds
• Consider ways to adjust the schedule or duties
• Document attempts to accommodate

Employers cannot:

• Ignore your request
• Delay indefinitely
• Issue discipline in retaliation
• Reject the request without an explanation
• Base denial on personal preferences or coworker complaints

Michigan employees have strong protections when the process is not followed.

How to Document Your Case

If your employer denies your request, delays the process, or retaliates, documentation is everything. Good records turn your experience into evidence.

Save all written correspondence

Emails, HR messages, and written responses matter.

Keep notes on conversations with management or HR

Write down dates, times, and statements.

Record schedule changes or retaliatory behavior

Track reductions in hours, discipline, or sudden performance issues.

Gather comparator evidence

If other employees get flexibility for non-religious reasons, it strengthens your claim.

Preserve performance reviews, shift logs, and attendance records

This shows whether the employer is treating you fairly—or shifting the rules after your request.

Protect Your Faith and Your Job—Get Answers Before It's Too Late

The Supreme Court’s decision in Groff fundamentally reshaped religious accommodation rights—and for Michigan workers, the shift is overwhelmingly positive. Employers can no longer brush off accommodation requests with vague claims of inconvenience or coworker frustration. They must now demonstrate a real, substantial, and measurable hardship before saying no. Combined with Michigan’s strong protections under the Elliott-Larsen Civil Rights Act, employees of all faiths now have more leverage—and more legal protection—than ever before.

Contact Batey Law Firm, PLLC

If your employer denied your accommodation, claimed “hardship,” or retaliated after you made a request, Batey Law Firm can help. Scott Batey has been protecting Michigan employees for nearly 30 years—because Batey Law is Employment Law.

30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025

📞 248-540-6800

📧 sbatey@bateylaw.com

🌐 www.bateylaw.com

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