No. 19-1388October Term 2019Decided Apr 5, 2021
Small v. Memphis Gas, Light & Water
This case asks whether the Supreme Court should make it harder for employers to deny religious accommodations under federal job-discrimination law.
Case status
- Current stage
- Decided
- Latest event
- Decision released Apr 5, 2021
- What it's about
This case asks whether an employer unlawfully denied Jason Small a religious accommodation under Title VII when it refused his request related to his religious observance. More broadly, the petition asks the Supreme Court to reconsider the rule that an employer faces an "undue hardship" whenever an accommodation would impose more than a minimal cost.
Question presented
Whether this Court should revisit and perhaps overrule its statement in Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 84 (1977), that requiring an employer “to bear more than a de minimis cost” to accommodate an employee’s religious practice “is an undue hardship” for purposes of Section 701(j) of the Civil Rights Act of 1964, Title VII, 78 Stat. 255, Pub. L. 88-352, as added by the Equal Employment Opportunity Act of 1972, 86 Stat. 103, Pub. L. 92-261, codified at 42 U.S.C. § 2000e-2(j).
- Case path
United States Court of Appeals for the Sixth Circuit / Decision released Apr 5, 2021
- Area
Civil Rights
Briefing
What it's about
Jason Small says Memphis Gas, Light & Water wrongly denied a religious accommodation tied to his religious observance. His petition asks the Supreme Court to reconsider the rule from Trans World Airlines, Inc. v. Hardison that an employer faces an "undue hardship" if an accommodation would impose more than a minimal cost.
Impact
The case could affect how hard employers must try to adjust schedules or other workplace rules for religious practice. For example, it matters to workers seeking time off for Sabbath observance and to employers weighing the cost of granting that request.
What's next
The next milestone is a scheduling move from the Court, such as action on whether to hear the case and, if granted, oral argument. No decision window is available yet.
What is the core dispute in Small v. Memphis Gas, Light & Water?
The petition says the employer denied Jason Small a religious accommodation. It also asks the Court to rethink the current low-cost test for employer hardship.
What real-world consequences could this case have?
A change could affect workers who need schedule changes or other adjustments for religious practice. Employers could face a higher duty to accommodate those requests.
What happens next procedurally in this case?
The Court has not scheduled oral argument. Watch for a decision on whether to hear the case or another scheduling step.
Decision
What the Court decided
This case asks whether the Supreme Court should make it harder for employers to deny religious accommodations under federal job-discrimination law.
Impact
The case could affect how hard employers must try to adjust schedules or other workplace rules for religious practice. For example, it matters to workers seeking time off for Sabbath observance and to employers weighing the cost of granting that request.
Not official Court text.
Opinion documents
Timing
Decided April 5, 2021
The Court released its decision on April 5, 2021 without hearing oral argument.
Documents
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology