Last year, the U.S. Supreme Court unanimously delivered a landmark ruling, establishing that under Title VII of the Civil Rights Act of 1964, employers could potentially be excused from accommodating an employee’s religious practices if it led to significant costs within the operational context. In Groff v. Dejoy, the Court said that, “courts must apply the test in a manner that takes into account all relevant factors in the case at hand, including the particular accommodation at issue and their practical impact in light of the nature ‘size and operating cost of [an] employer.”
The Supreme Court offered limited guidance on how to apply the decision to other cases, and instructed lower courts to adopt a case-by-case approach, taking practical aspects into account.
Recently, a federal court in Indiana addressed a case where a public school wasn’t mandated to cater to a teacher’s religious convictions if doing so could undermine the institution’s commitment to fostering a supportive educational environment for its students. The situation unfolded as John Kluge, an orchestra teacher, contested a school policy requiring him to use preferred names for transgender students, citing religious beliefs as a basis for his objection.
The school initially gave Kluge a choice between complying with the preferred name policy, resigning, or facing suspension leading to termination. Following a discussion, during which the school refused the allow Kluge the opportunity to talk with students about their “eternal destination,” an accommodation resembling a sports coach’s approach was implemented, allowing Kluge to call students by their last name only.
This “last name only” approach proved awkward and contentious and the school revoked the accommodation due to student complaints about feeling disrespected and isolated.
The U.S. District Court Southern District of Indiana found that the “last names only” accommodation presented an undue burden not overcome by Groff when it caused “substantial student harm, and an unreasonable risk of liability” while “sharply contradicting the school’s legally entitled mission to foster a supportive environment for all.”
Case: Kluge v. Brownsburg Community School Corporation (SD In, April 30, 2024)