Small v. Memphis Gas, Light & Water

Summary

The Court denied certiorari without explanation and did not decide the merits of Small’s Title VII religious-accommodation claim. Justice Gorsuch, joined by Justice Alito, dissented, arguing that the Court should review Trans World Airlines, Inc. v. Hardison’s de minimis-cost standard for undue hardship. He maintained that the standard conflicts with Title VII’s text, produces unequal treatment of religious accommodations compared with other statutory accommodations, and was properly presented for review in this case.