432 U.S. 63 (1977), 75-1126, Trans World Airlines, Inc. v. Hardison

Docket NºNo. 75-1126
Citation432 U.S. 63, 97 S.Ct. 2264, 53 L.Ed.2d 113
Party NameTrans World Airlines, Inc. v. Hardison
Case DateJune 16, 1977
CourtUnited States Supreme Court

Page 63

432 U.S. 63 (1977)

97 S.Ct. 2264, 53 L.Ed.2d 113

Trans World Airlines, Inc.

v.

Hardison

No. 75-1126

United States Supreme Court

June 16, 1977

Argued March 30, 1977

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

Respondent Hardison (hereafter respondent) was employed by Trans World Airlines (TWA), petitioner in No. 75-1126, in a department that operated 24 hours a day throughout the year in connection with an airplane maintenance and overhaul base. Respondent was subject to a seniority system in a collective bargaining agreement between TWA and the International Association of Machinists & Aerospace Workers (union), petitioner in No. 75-1385, whereby the most senior employees have first choice for job and shift assignments as they become available, and the most junior employees are required to work when enough employees to work at a particular time or in a particular job to fill TWA's needs cannot be found. Because respondent's religious beliefs prohibit him from working on Saturdays, attempts were made to accommodate him, and these were temporarily successful mainly because, on his job at the time, he had sufficient seniority regularly to observe Saturday as his Sabbath. But when he sought, and was transferred to, another job where he was asked to work Saturdays and where he had low seniority, problems began to arise. TWA agreed to permit the union to seek a change of work assignments, but the union was not willing to violate the seniority system, and respondent had insufficient seniority to bid for a shift having Saturdays off. After TWA rejected a proposal that respondent work only four days a week on the ground that this would impair critical function in the airline operations, no accommodation could be reached, and respondent was discharged for refusing to work on Saturdays. Then, having first invoked the administrative remedy provided by Title VII of the Civil Rights Act of 1964, respondent brought an action for injunctive relief against TWA and the union, claiming that his discharge constituted religious discrimination in violation of § 703(a)(1) of the Act, which makes it an unlawful employment practice for an employer to discriminate against an employee on the basis of his religion. He also made certain other charges against the union. His claim of religious discrimination was based on

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the 1967 Equal Employment Opportunity Commission (EEOC) guidelines in effect at the [97 S.Ct. 2267] time requiring an employer, short of "undue hardship," to make "reasonable accommodations" to the religious needs of its employees, and on similar language in the 1972 amendments to Title VII. The District Court ruled in favor of both TWA and the union, holding that the union's duty to accommodate respondent's religious beliefs did not require it to ignore the seniority system, and that TWA had satisfied its "reasonable accommodations" obligation. The Court of Appeals affirmed the judgment for the union but reversed the judgment for TWA, holding that TWA had not satisfied its duty to accommodate respondent's religious needs under the EEOC guidelines. The court took the view that TWA had rejected three reasonable alternatives, any one of which would have satisfied its obligation without undue hardship: (1) within the framework of the seniority system, TWA could have permitted respondent to work a four-day week, utilizing a supervisor or another worker on duty elsewhere, even though this would have caused other shop functions to suffer; (2) TWA could have filled respondent's Saturday shift from other available personnel, even though this would have involved premium overtime pay; and (3) TWA could have arranged a "swap" between respondent and another employee either for another shift or for the Sabbath days, even though this would have involved a breach of the seniority system.

Held: TWA, which made reasonable efforts to accommodate respondent's religious needs, did not violate Title VII, and each of the Court of Appeals' suggested alternatives would have been an undue hardship within the meaning of the statute as construed by the EEOC guidelines. Pp. 76-85.

(a) The seniority system itself represented a significant accommodation to the needs, both religious and secular, of all of TWA's employees. Pp. 77-78.

(b) TWA itself cannot be faulted for having failed to work out a shift or job swap for respondent. Both the union and TWA had agreed to the seniority system; the union was unwilling to entertain a variance over the objections of employees senior to respondent; and for TWA to have arranged unilaterally for a swap would have breached the collective bargaining agreement. An agreed-upon seniority system is not required to give way to accommodate religious observances, and it would be anomalous to conclude that, by "reasonable accommodations," Congress meant that an employer must deny the shift and job preferences of some employees, as well as deprive them of their contractual rights, in order to accommodate or prefer the religious needs of others. Title VII does not require an employer to go that far. Pp. 79-81.

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(c) Under § 703(h) of Title VII, absent a discriminatory purpose, the operation of a seniority system cannot be an unlawful employment practice even if the system is discriminatory in its effect. Pp. 81-82.

(d) To require TWA to bear more than a de minimis cost in order to give respondent Saturdays off would be an undue hardship, for, like abandonment of the seniority system, to require TWA to bear additional costs when no such costs are incurred to give other employees the days off that they want would involve unequal treatment of employees on the basis of their religion. Absent clear statutory language or legislative history to the contrary, the statute, the paramount concern of which is to eliminate discrimination in employment, cannot be construed to require an employer to discriminate against some employees in order to enable others to observe their Sabbath. Pp. 84-85.

527 F.2d 33, reversed.

WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, BLACKMUN, POWELL, REHNQUIST, and STEVENS, JJ., joined. MARSHALL, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 85.

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WHITE, J., lead opinion

MR. JUSTICE WHITE delivered the opinion of the Court.

Section 703(a)(1) of the Civil Rights Act of 1964, Title VII, 78 Stat. 255, 42 U.S.C. § 2000e-2(a)(i), makes it an unlawful employment practice for an employer to discriminate against an employee or a prospective employee on the basis of his or her religion. At the time of the events involved here, a guideline of the Equal Employment Opportunity Commission (EEOC), 29 CFR § 1605.1(b) (1968), required, as the Act itself now does, 42 U.S.C. § 2000e(j) (1970 ed., Supp. V), that an employer, short of "undue hardship," make "reasonable accommodations" to the religious needs of its employees. The issue in this case is the extent of the employer's obligation under Title VII to accommodate an employee whose religious beliefs prohibit him from working on Saturdays.

I

We summarize briefly the facts found by the District Court. 375 F.Supp. 877 (WD Mo.1974).

Petitioner Trans World Airlines (TWA) operates a large maintenance and overhaul base in Kansas City, Mo. On June 5, 1967, respondent Larry G. Hardison was hired by TWA to work as a clerk in the Stores Department at its Kansas City base. Because of its essential role in the Kansas City operation, the Stores Department must operate 24 hours per day, 365 days per year, and whenever an employee's job in that department is not filled, an employee must be

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shifted from another department, or a supervisor must cover the job, even if the work in other areas may suffer.

Hardison, like other employees at the Kansas City base, was subject to a seniority system contained in a collective bargaining agreement1 that TWA maintains with petitioner International Association of Machinists and Aerospace Workers (IAM).2 The seniority system is implemented by the union steward through a system of bidding by employees for particular shift assignments as they become available. The most senior employees have first choice for job and shift assignments, and the most junior employees are required to work when the union steward is unable to find enough people willing to work at a particular time or in a particular job to fill TWA's needs.

In the spring of 1968 Hardison began to study the religion known as the Worldwide Church of God. One of the tenets of that religion is that one must observe the Sabbath by refraining from performing any work from sunset on Friday until sunset on Saturday. The religion also proscribes work on certain specified religious holidays.

When Hardison informed Everett Kussman, the manager of the Stores Department, of his religious conviction regarding

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observance of the Sabbath, Kussman agreed that the union steward should seek a job swap for Hardison or a change of days off; that Hardison would have his religious holidays off whenever possible if Hardison agreed to work the traditional holidays when asked; and that Kussman would try to find Hardison another job that would be more compatible with his religious beliefs. The problem was temporarily solved when Hardison transferred to the 11 p.m.-7 a.m. shift. Working this shift permitted Hardison to observe [97 S.Ct. 2269] his Sabbath.

The problem soon reappeared when Hardison bid for and received a transfer from Building 1, where he had been employed, to Building 2, where he would work the day shift. The two buildings had entirely separate seniority lists; and, while in Building 1, Hardison had sufficient seniority to observe the Sabbath regularly, he was second from the bottom on the Building 2 seniority list.

In Building 2, Hardison was asked to work Saturdays when a fellow...

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704 practice notes
  • Federal Law Protections for Religious Liberty
    • United States
    • Federal Register October 26, 2017
    • October 26, 2017
    ...of whether the discrimination is directed against members of religious majorities or minorities.'' Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 72 (1977). After several courts had held that employers did not violate Title VII when they discharged employees for refusing to work on th......
  • 633 F.2d 880 (9th Cir. 1980), 78-2909, Lutcher v. Musicians Union Local 47
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (9th Circuit)
    • December 8, 1980
    ...97 S.Ct. 2972, 53 L.Ed.2d 1091 (1977); Hardison v. Trans World Airlines, Inc., 527 F.2d 33, 42 (8th Cir. 1975), rev'd on other grounds, 432 U.S. 63, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977); Nottelson v. A. O. Smith Corp., 481 F.Supp. 756, 759 (E.D.Wis.1979). [7] This case is not controlled by ......
  • 658 F.2d 951 (4th Cir. 1981), 80-1115, Edwards v. School Bd. of City of Norton, Va.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (4th Circuit)
    • September 1, 1981
    ...religious discrimination in the employment of workers is for all time guaranteed by law." Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 75, 97 S.Ct. 2264, 2272, 53 L.Ed.2d 113 (1977) (quoting legislative history). 42 U.S.C. §§ 2000e(a), (b), (f), and 2000e-2(a)(1). Again quoting......
  • 583 P.2d 860 (Alaska 1978), 2792, Wondzell v. Alaska Wood Products, Inc.
    • United States
    • Alaska Supreme Court of Alaska (US)
    • September 15, 1978
    ...53 L.Ed.2d 1091 (1977); Hardison v. Trans World Airlines, Inc., 527 F.2d 33, 42 (8th Cir. 1975), Rev'd (without mention of this issue) 432 U.S. 63, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977); Yott v. North American Rockwell Corporation, 501 F.2d 398, 402-03 (9th Cir. 1974). Section 2000e(j) was e......
  • Request a trial to view additional results
637 cases
  • 633 F.2d 880 (9th Cir. 1980), 78-2909, Lutcher v. Musicians Union Local 47
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • December 8, 1980
    ...97 S.Ct. 2972, 53 L.Ed.2d 1091 (1977); Hardison v. Trans World Airlines, Inc., 527 F.2d 33, 42 (8th Cir. 1975), rev'd on other grounds, 432 U.S. 63, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977); Nottelson v. A. O. Smith Corp., 481 F.Supp. 756, 759 (E.D.Wis.1979). [7] This case is not controlled by ......
  • 658 F.2d 951 (4th Cir. 1981), 80-1115, Edwards v. School Bd. of City of Norton, Va.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fourth Circuit
    • September 1, 1981
    ...religious discrimination in the employment of workers is for all time guaranteed by law." Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 75, 97 S.Ct. 2264, 2272, 53 L.Ed.2d 113 (1977) (quoting legislative history). 42 U.S.C. §§ 2000e(a), (b), (f), and 2000e-2(a)(1). Again quoting......
  • 583 P.2d 860 (Alaska 1978), 2792, Wondzell v. Alaska Wood Products, Inc.
    • United States
    • Alaska Supreme Court of Alaska
    • September 15, 1978
    ...53 L.Ed.2d 1091 (1977); Hardison v. Trans World Airlines, Inc., 527 F.2d 33, 42 (8th Cir. 1975), Rev'd (without mention of this issue) 432 U.S. 63, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977); Yott v. North American Rockwell Corporation, 501 F.2d 398, 402-03 (9th Cir. 1974). Section 2000e(j) was e......
  • 102 Cal.App.4th 39, B150017, Friedman v. Southern Cal. Permanente Medical Group
    • United States
    • California California Court of Appeals
    • September 13, 2002
    ...Title VII was amended in 1972 to include a definition of religion. (42 U.S.C. § 2000e(j); Trans World Airlines, Inc. v. Hardison (1977) 432 U.S. 63, 73 [97 S.Ct. 2264, 2271, 53 L.Ed.2d 113].) As amended, the pertinent part of title VII defines religion as follows: "The term 'religion' ......
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16 firm's commentaries
  • Employment Law Commentary -- Volume 25, Issue 12 -- December 2013: Religious Discrimination and Muslim Employees
    • United States
    • JD Supra United States
    • December 23, 2013
    ...2013), citing Thomas v. Nat’ Ass’n of Letter Carriers, 225 F.3d 1149, 1156 (10th Cir. 2000). 10 Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 65, 97 S. Ct. 2264, 2267, 53 L. Ed. 2d 113 (1977). 11 E.E.O.C. v. JBS USA, LLC, No. 8:10-CV-318, 2013 WL 6621026 (D. Neb. Oct. 11, 2013); EEOC......
  • What Matters is Motive: Religious Accommodation Need as a "Motivating Factor" in Employment Decisions
    • United States
    • JD Supra United States
    • June 4, 2015
    ...VII case by demonstrating that accommodation would place more than a de minimis burden on its business. Transworld Airlines v. Hardison, 432 U.S. 63 (1977) (interpreting 42 U.S.C. §2000e(j) and establishing a “de minimis” standard for undue hardship in Title VII religion cases). But the Abe......
  • What Matters Is Motive: Religious Accommodation Need As A 'Motivating Factor' In Employment Decisions
    • United States
    • Mondaq United States
    • June 4, 2015
    ...VII case by demonstrating that accommodation would place more than a de minimis burden on its business. Transworld Airlines v. Hardison, 432 U.S. 63 (1977) (interpreting 42 U.S.C. §2000e(j) and establishing a "de minimis" standard for undue hardship in Title VII religion cases). B......
  • Accommodating Religion: Ignorance Is Not Bliss
    • United States
    • LexBlog United States
    • August 18, 2015
    ...all that is needed is “more than de minimis cost on the operation of the employer’s business.” Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 84 (1977). Watch how this plays out in practice: Unreasonable costs. Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 84 (1977) (airline wa......
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46 books & journal articles
  • Inmates' religious rights: deference to religious leaders and accommodation of individualized religious beliefs.
    • United States
    • Albany Law Review Vol. 64 Nbr. 2, December 2000
    • December 22, 2000
    ...42 U.S.C.A. [sections] 2000cc-1(a)(1)-(2) (West, Westlaw through 2000 legislation). (145) See Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 87-88 (1977) (Marshall, J., dissenting) (describing through example a "rule of general applicability"; i.e., a rule that applies neutr......
  • Integrating accommodation.
    • United States
    • University of Pennsylvania Law Review Vol. 156 Nbr. 4, April - April 2008
    • April 1, 2008
    ...the ADA from the lesser duty for religion under Title VII as interpreted by the Supreme Court in Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), to extend only to those accommodations that impose no more than a de minimis cost on the employer); Karlan & Rutherglen, supra not......
  • Modern discrimination theory and the National Labor Relations Act.
    • United States
    • William and Mary Law Review Vol. 39 Nbr. 1, October 1997
    • October 1, 1997
    ...duty of reasonable accommodation under Title VII is relatively light, as construed by the Court in Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977). In contrast, Congress envisioned something more demanding under the ADA. See 42 U.S.C. [sections] 12,111(9), (10) (1994) (defining t......
  • Prescription Contraceptives and the Pharmacist's Right to Refuse: Examining the Efficacy of Conscience Laws
    • United States
    • Cardozo Public Law, Policy and Ethics Journal Nbr. IV-1, March 2006
    • March 1, 2006
    ...to participation in abortion procedures."). Id. [72] See Herbe, supra note 10, at 94; see also Wardle, supra note 10, at 218. [73] 432 U.S. 63 (1977). [74] 479 U.S. 60 (1986). [75] In Hardison, the Court held that a requested accommodation is not reasonable if it would require an emplo......
  • Request a trial to view additional results
3 provisions
  • Federal Law Protections for Religious Liberty
    • United States
    • Federal Register October 26, 2017
    • October 26, 2017
    ...of whether the discrimination is directed against members of religious majorities or minorities.'' Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 72 (1977). After several courts had held that employers did not violate Title VII when they discharged employees for refusing to work on th......
  • Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act
    • United States
    • Federal Register July 23, 2015
    • July 23, 2015
    ...other than de minimis costs, that a particular accommodation would impose upon a recipient. See Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 81, 84 (1977). WIOA means the Workforce Innovation and Opportunity Act, Public Law 113-128. WIOA Title I financial assistance See the definiti......
  • Workforce Investment Act of 1998; implementation of nondiscrimination and equal opportunity provisions,
    • United States
    • Federal Register November 12, 1999
    • October 22, 1999
    ...This part of the definition is based on Supreme Court decisions, most notably the leading case of Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 81, 84 WIA Title I--financially assisted program or activity: This definition contains the same elements as the definition of the term ``JTP......