om │ 1 06 NOV MON 2023 GRAPPONE CONFERENCE CENTER CONCORD, NH
Christopher T. Vrountas, Esquire and
Esquire, Vrountas, Ayer & Chandler, P.C.
Inside 4 8 Members Around Town Women in Hospitality & Tourism Agenda What's everyone up to? Empowerment Through Connections highlights www.nhlra.com │ 2 7 3 Ways New Restaurants Can Hire Staff to Stay By Ariel N. Banayan, SpotOn 9 Upcoming Events & ServSafe Dates Save the date! 10 Empowerment Through Connections Sponsorship Opportunities See how you can support women in hospitality 11 The Woodstock Inn Brewery Opens New Brewhouse Check out the details 12 4000 Footer IPA Steak Marinade Recipe By Arthur from Woodstock Inn Brewery 13 Eagle Mountain House Completes Carriage House Renovation Read about the new space By Matthew J. Mowry, BusinessNH Magazine 16 Derry Family Transforms School into Inn and Event Center By Dee-Ann Durbin, AP News 20 Are robot waiters the future? Some restaurants think so By
Allison
23 USSC To Hear Case to Heighten the Standard for Employers to Grant Religious Accommodations
C. Ayer,
2023 Chair of the Board
Molly Rice-Norby
Woodstock Inn Station & Brewery
2023 Vice Chair of Lodging
Brian Ferguson
Flag Hill Distillery & Winery
2023 Vice Chair of Restaurants
Nicole Barreira
Great NH Restaurants
2023 Vice Chair Allied Membership
Paul Ramsey
The Palace Theatre
Secretary/Treasurer
Bernie Lontine
110 Grill
NHLRA President & CEO
Mike Somers
NHLRA Education Foundation Executive Director
Amie Pariseau
NHLRA Membership & Business Development Director
Samantha Poole
NHLRA Office & Events Manager
AubreyLynn Goodale
NHLRA Social Media & Marketing Coordinator
Jillya Jannetti
update
with any company news for our Members Around Town section, please email Jillya at jjannetti@nhlra.com. Want in on The Dish? www.nhlra.com │ 3 It'sthattime ofyear! Checkyour inboxfor Legislative Updates!
If you'd like to
us
Members Around Town
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Magazine's BestBrewery,NashuaArea.
Kitchen
Jefferson Inn
the community together by hosting Local Small BusinessEntrepreneursMixer
Spyglass Brewing celebrates NH Beer Week and being awarded NH
MT's Local announces conversion to Mike's Italian
after Mother's Day
brings
Empowerment Through Connections
MAY 23 | 8AM - 5PM | CHURCH LANDING, MEREDITH
Speaker Spotlight Meet Debra!
PUTTING THINGS FIRST: STRATEGIES AND TOOLS FOR FOCUSING ON YOUR HIGHEST PRIORITIES
DEBRA SCHULER'S SESSION WILL PROVIDE PRACTICAL STRATEGIES AND TOOLS TO HELP INCREASE FOCUS ON YOUR MOST IMPORTANT PRIORITIES AND REDUCE AND/OR ELIMINATE THE UNIMPORTANT. LIVING A MORE PRODUCTIVE AND BALANCED LIFE STARTS WITH RECOGNIZING AND ACCEPTING THAT NOT DOING EVERYTHING THAT COMES ACROSS YOUR PATHISNOTONLYACCEPTABLE,IT’SWISE.HIGHLYEFFECTIVEPEOPLEKNOWTHATSOMETIMES CHOOSING TO SAY “NO” OR “NOT NOW” TO CERTAIN PERSONAL AND PROFESSIONAL DEMANDS IS NECESSARY IN ORDER TO FOCUS ON THEIR HIGHEST PRIORITIES AND GOALS. ALL ATTENDEESWILLRECEIVETHEBOOK,"SEVENHABITSFORHIGHLYEFFECTIVEPEOPLE."
www.nhlra.com │ 5 W O M E N I N H O S P I T A L I T Y & T O U R I S M
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3 Ways New Restaurants Can Hire Staff to Stay
By Ariel N. Banayan, SpotOn
Openinganewrestaurant?Here'showtogetstartedhiringgreatrestaurantworkersand makingsuretheyhavetotechtheyneedtowanttostay
Everyone in the restaurant industry will tellyouthesamething—arestaurantis nothing without its staff. It doesn’t matter if you’re an executive chef leading several sous chefs or a new restaurant owner just trying to hire the right people. Every team member matters.
Of course, if you’re the general managerstartingthehiringprocessat a new restaurant, you’re doing a lot more work on your own. You’re writing your own restaurant job descriptions, posting on restaurant job boards. You have to be your own HR team, often creating your own employee onboarding program for new staff for a restaurant.
That’s why we put together a few tips for the best way to hire new talent in your restaurant We know you want to find restaurant staff that’ll help you build the dining experienceyou’vealwayswanted LetSpotOnhelpyougetthere
RestaurantstaffhiringandtheGreatResignation
Beforewetacklehowtohirethebestrestaurantstaff,it’simportanttofirsttalkaboutone ofthebiggerfearsmanagersfacewhenitcomestohiringstaffforanewrestaurant the GreatResignation.
The Great Resignation refers to the trend where more and more people are resigning from their jobs due to the shifting workplace dynamics since the COVID pandemic and thequalityoftheirownworklife.Thisdoesn’trefertomultipleemployeesatthesamejob quitting at the same time over something like an abusive supervisor or other stressful work situation. Rather, it’s a larger phenomenon that spans across a ton of different sectors and disciplines, where goods and services cost more than the work and wages beingpaid
Readfullarticle.
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REGISTER www.nhlra.com │ 8 8:30–8:50a.m. CoffeeandConversation 9a.m.–noon PuttingFirstThingsFirst:Strategies andToolsforFocusingonYour HighestPriorities Noon–1p.m. LuncheonbytheLake W O M E N I N H O S P I T A L I T Y & T O U R I S M Empowerment Through Connections MAY 23 | 8AM - 5PM | CHURCH LANDING, MEREDITH Agenda Highlights 1:15–2:45p.m. GetOnBoardandIndustryPanel 3–4p.m. TyingitTogether 4–5p.m. CheerstotheDay PleasecontactAmiePariseauatapariseau@nhlra.comwithquestionsortoinquireaboutsponsorship. Thank You Current Sponsors
Upcoming Events
Uno de Mayo Fundraiser for Rock 'n Race & the Payson Center for Cancer Care, hosted by The Duprey Companies
May 1, 6 p.m. - 9 p.m.
Grappone Conference Center, Concord
Woodstock Inn Brewery Brewers Weekend
May 5 & 6, two-night stay
Woodstock Inn Brewery, Woodstock
Women in Hospitality: Empowerment Through Connections
May 23, 8 a.m. - 5 p.m.
Church Landing, Meredith
Hospitality Cookout & Cornhole Tournament
June 5, 2023, 4 p.m.
Smuttynose, Hampton
ServSafe®
April 26- Portsmouth
May 2- Concord
May 15- North Conway
May 16- Manchester
May 22- Lebanon
May 23- Nashua
May 30- Portsmouth
June 7- Concord
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Empowerment Through Connections
MAY 23 | 8AM - 5PM | CHURCH LANDING, MEREDITH
Sponsorship Opportunities
TheNewHampshireLodging&RestaurantAssociationEducationFoundationispleasedtohostour secondannualWomeninHospitality&Tourism.EmpowermentThroughConnectionswillbeaday tocelebrateallwomeninourindustry,createanatmospheretodeveloppeernetworks,andoffer sessionsonavarietyoftop-of-mindtopics.
ALLSPONSORSHIPLEVELSRECEIVETHEFOLLOWING
Your logo on all printed and digital materials including prominent signage throughout the event RecognitionintheMayeditionof"TheDish,"ourmonthlydigitalmagazine,andoursocialmedia channels
ADVOCATE|$250
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Sponsor one employee or student of the industrytoattendtheevent
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www.nhlra.com │ 10 W O M E N I N H O S P I T A L I T Y & T O U R I S M
The Woodstock Inn Brewery Opens
New Brewhouse
From Woodstock Inn Brewery
The Woodstock Inn Brewery’s new 30-barrel brewhouse upgrade by Alpha BrewOpsisupandrunning!TheinstallationfeaturesasteamjacketedHotLiquor Tank, boil kettle, mash tun, and steam boiler. This high-efficiency equipment gives brewers more precise control over the production process. The result is consistently delicious beer. Brewer Peter Dodenhoff says consumers can expect “morenuancedbitternessandmaltflavors,aswellasmoreofthatbeautifulhop aromathatbrewersandIPAfanslove.”Staytunedforexcitingnewreleasesinthe coming months. Seasonal brews and year-round favorites are available at the brewery and in stores throughout New England. The brewery offers tours every dayatnoon.
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4000 Footer IPA Steak Marinade Recipe
By Arthur, Woodstock Inn Brewery
After a long day exploring any of the 4000 foot peaks in the Granite State (there are 48!), there's nothing better than a cold 4000 Footer IPA and a steak! Kick off thehikingboots,turnonthegrill,crackopenabrewandfillthatbellywithataste ofthemountainsineverybite!
MARINADEINGREDIENTS:
1cupWoodstockInn
Brewery4000FooterIPA
1/4cuplimejuice
3clovesgarlic,smashed
1teaspoonoregano
1teaspoondriedbasil
1/2cupoliveoil
1/2teaspoonsalt
DIRECTIONS:
1.Inalargebowl,combineallmarinadeingredientsuntilmixedwell.
2. Pour marinade into an air-tight, sealable container (large zip-lock bag works fine).
3.Placethesteakintothemarinadeandsealtightly.
4.Refrigeratefor1-3hours(upto24hours);tossonthegrillandcooktodesired temperature.
ABOUTTHEBEER:
4000 Footer IPA (AKA 4K), the official beer of hiking, has a citrusy, clean feel, and assertive bitterness. This West Coast style IPA has piney and floral hop notes. 4K was the inaugural IPA brewed by Woodstock. It has a 6.5 ABV with 82 IBUs. IBU standsforInternationalBitteringUnit.Themorebitterthebeer,thehighertheIBU.
You can find 4000 Footer IPA at the brewery and in package and grocery stores throughoutNewEngland,includingMaine,Massachusetts,NewHampshire,Rhode Island,andVermont.
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Eagle Mountain House & Golf Club Welcomes Spring Social Season with Completed Carriage House Renovation
By Lindsay Rice, Hayworth Public Relations
Just in time for the spring season, the historic Eagle Mountain House & Golf Club in Jackson, New Hampshire, has completed an extensive renovation of the Carriage House, the property’s standalone event space. The 3,330-square-foot Carriage House has been a popular option for generations of memorable weddings, anniversary celebrations, corporate retreats, elegant dinners, and othersocialoccasions.Originallybuiltin1920,theCarriageHouseisprizedforits naturallight,large,semi-coveredprivatedeck,andotheramenities,comfortably andexpertlyaccommodating125guestsindoorand250guestswhencombined withthetentedpatio.TheCarriageHouseispartofthe$2millionrenovationplan for the resort which will include a new pool, pool pavilion, parking lot, and weddingpavilion.
“BringingthisnewvisiontolifeattheCarriageHousehasbeenalaboroflove,but I have no doubt our guests will agree it was well worth the effort,” said Joel Bourassa,GeneralManagerofEagleMountainHouse&GolfClub.“Therenovation has enhanced the Carriage House’s natural charm and versatility, bringing new life into one of the area’s most cherished event venues. We look forward to welcomingeveryonetoenjoytheenhancementsfirsthandthisspring.”
The renovation included several updates to the Carriage House ballroom, including a new roof, updated interiors, additional windows to better showcase thestunningmountainsviews,andnewdoors Ensuringthecomfortofguestsall year long, other improvements include new modern light fixtures, a new heating system,andonsiterestrooms.Thevenuealsoaddedacommercialkitchenanda large outdoor covered porch with a 3,000-square-foot stone patio featuring a gas fire pit and sweeping views of the White Mountains. No matter the size or season, Eagle Mountain House can create the perfect day for guests thanks to theoutstandingcateringandeventplanningstaff
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Although perhaps best known for storybook weddings, the newly renovated Carriage House is also a popular option for corporate events. Meeting planners and attendees will appreciate the new fiber optic Wi-Fi coverage and peaceful settingidealforgrouplearning,brainstorming,andcreativity.Makingthemostof theproperty’smountainlocation,groupscantakeaninnovativeandentertaining approach to teambuilding through hiking, golfing, fishing, and more. Beyond the Carriage House, Eagle Mountain’s meeting spaces include the Eagle Landing Tavern dining room (1,890 sf); the Courtyard Room (187 sf); the Carter Notch Room(970sf);andtheEagleMountainRoom(745sf).
Surrounded by the 800,000-acre White Mountain National Forest, the 19thcentury Eagle Mountain House & Golf Club has been a popular haven of blissful mountain living since 1879 A Historic Hotel of America, the resort is one of the area’s few remaining Grand Hotels, with easy access to the nearby attractions, shops and restaurants of Jackson, New Hampshire and the entire scenic Mt. Washington Valley The timeless hotel continues to welcome generations of guestswithitscaptivatinggarden,mountain,andriverviewaccommodations,9hole golf course, and award-winning Eagle Landing Tavern, all in an idyllic mountainsetting FormoreinformationonEagleMountainHouse&GolfClub,visit EagleMT.com and for Carriage House information, contact Jennifer Webster at 603-383-6911x6513orjwebster@mainsailhotels.com.
www.nhlra.com │ 14
www.nhlra.com │ 15 W O M E N I N H O S P I T A L I T Y & T O U R I S M Empowerment Through Connections MAY 23 | 8AM - 5PM | CHURCH LANDING, MEREDITH Speaker Spotlight Meet Keryn! "GETONBOARD"WILLINSPIREANEWGROUPOFLEADERSTOCONSIDER BOARDSERVICEATLOCALNONPROFITS.KERYNKRIEGLWILLCONCLUDE HER SESSION BY MODERATING A PANEL OF YOUR PEERS, WHO CURRENTLY SIT ON THE NHLRA, NHLRAEF, AND OTHER COMMUNITY BOARDS.
Derry Family Transforms School into Inn and Event Center
By Matthew J. Mowry, BusinessNH magazine
After almost 40 years of teaching thousands of children at the school they established next to their home, Jerry and Beth Siragusa were ready in 2019 for the next chapter and that of their picturesque property.
So, they turned to one of their six extensivecontactsintheBostonma the property, which included a re connected with a hospitality group thathousedtheschoolintoanupsc
With COVID essentially shutting down the hospitality industry, the restaurant group eventuallydroppedtheproject.Undeterred,thefamilydecidedtheywouldjumpintothe hospitalitybusiness.“Myfolkswouldhost300to400peopleforschoolgraduation,”Marc says.TheyspentthetwopandemicyearsturningtheirpropertyintoTheWestbrookInn.
InOctober2022,the12,000-square-footinnopened,includinga3,600-square-footpatio andatentthatcanaccommodateoutdooreventsfor200.TheSiragusashaveaplanto placeanotheroutdoorpavilionona2,600-square-footpadontheirproperty.
The school is now an inn and event space with seven guest rooms. It also includes a salonwithapowderroomtoaccommodateweddingpartiesfortheirpreparations.
“Growing up we always talked about doing events here,” Marc says. “My sister got marriedhere Wesawwhatitcouldbe”
To help draw people to the inn, the Siragusas have been reaching out to well-known chefsinthestatetoholdpop-uprestaurantexperiencesattheinn,includingChristopher Viaud,chefandownerofGreenleafinMilfordandEmshikaAlberini,ownerofChangThai CafeinLittleton.“Itisaspecialnightforpeopletoexperience,”Marcsays.
Andthoseeffortsarepayingoff.“We’vebeenbusy.We’repleased,”Bethsays. Formoreinformation,visitthewestbrookinn.com.
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SMUTTYNOSE HAMPTON, NH
MONDAY, JUNE 5, 2023 JOINUSFOR: -GAMES -PRIZES -FOOD -DRINKS -MUSIC &MORE!
BeanBags, Brews, &BBQ
SAVE THE DATE
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Are robot waiters the future? Some restaurants think so
By Dee-Ann Durbin, AP News
You may have already seen them in restaurants: waist-high machines that can greet guests, lead them to their tables, deliver food and drinks and ferry dirty dishes to the kitchen Somehavecat-likefacesandevenpurrwhenyouscratchtheirheads
But are robot waiters the future? It’s a question the restaurant industry is increasingly tryingtoanswer.
Manythinkrobotwaitersarethesolutiontotheindustry’slaborshortages.Salesofthem have been growing rapidly in recent years, with tens of thousands now gliding through diningroomsworldwide.
“There’snodoubtinmymindthatthisiswheretheworldisgoing,”saidDennisReynolds, dean of the Hilton College of Global Hospitality Leadership at the University of Houston. The school’s restaurant began using a robot in December, and Reynolds says it has easedtheworkloadforhumanstaffandmadeservicemoreefficient.
Butotherssayrobotwaitersaren’tmuchmorethanagimmickthathavealongwayto gobeforetheycanreplacehumans Theycan’ttakeorders,andmanyrestaurantshave steps,outdoorpatiosandotherphysicalchallengestheycan’tadaptto
“Restaurants are pretty chaotic places, so it’s very hard to insert automation in a way that is really productive,” said Craig Le Clair, a vice president with the consulting companyForresterwhostudiesautomation.
Still, the robots are proliferating. Redwood City, California-based Bear Robotics introduceditsServirobotin2021andexpectstohave10,000deployedbytheendofthis year in 44 U.S. states and overseas. Shenzen, China-based Pudu Robotics, which was foundedin2016,hasdeployedmorethan56,000robotsworldwide.
“Every restaurant chain is looking toward as much automation as possible,” said Phil ZhengofRichtechRobotics,anAustin-basedmakerofrobotservers.“Peoplearegoingto seetheseeverywhereinthenextyearortwo”
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Li Zhai was having trouble finding staff for Noodle Topia, his Madison Heights, Michigan, restaurant,inthesummerof2021,soheboughtaBellaBotfromPuduRobotics.Therobot was so successful he added two more; now, one robot leads diners to their seats while anotherdeliversbowlsofsteamingnoodlestotables.Employeespiledirtydishesontoa thirdrobottoshuttlebacktothekitchen
Now, Zhai only needs three people to do the same volume of business that five or six peopleusedtohandle Andtheysavehimmoney Arobotcostsaround$15,000,hesaid, butapersoncosts$5,000to$6,000permonth
Zhai said the robots give human servers more time to mingle with customers, which increasestips.Andcustomersoftenpostvideosoftherobotsonsocialmediathatentice otherstovisit.
“Besidessavinglabor,therobotsgeneratebusiness,”hesaid.
Interactionswithhumanserverscanvary.BetzyGironReynosa,whoworkswithaBellaBot atTheSushiFactoryinWestMelbourne,Florida,saidtherobotcanbeapain.
“You can’t really tell it to move or anything,” she said. She has also had customers who don’twanttointeractwithit
But overall the robot is a plus, she said It saves her trips back and forth to the kitchen andgiveshermoretimewithcustomers
Laborshortagesacceleratedtheadoptionofrobotsglobally,LeClairsaid.IntheU.S.,the restaurant industry employed 15 million people at the end of last year, but that was still 400,000 fewer than before the pandemic, according to the National Restaurant Association. In a recent survey, 62% of restaurant operators told the association they don’thaveenoughemployeestomeetcustomerdemand.
Pandemic-era concerns about hygiene and adoption of new technology like QR code menusalsolaidthegroundforrobots,saidKarthikNamasivayam,directorofTheSchool ofHospitalityBusinessatMichiganStateUniversity’sBroadCollegeofBusiness.
“Once an operator begins to understand and work with one technology, other technologies become less daunting and will be much more readily accepted as we go forward,”hesaid
NamasivayamnotesthatpublicacceptanceofrobotserversisalreadyhighinAsia Pizza Huthasrobotserversin1,000restaurantsinChina,forexample
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TheU.S.wasslowertoadoptrobots,butsomechainsarenowtestingthem.Chick-fil-Ais trying them at multiple U.S. locations, and says it’s found that the robots give human employeesmoretimetorefreshdrinks,cleartablesandgreetguests
MarcusMerrittwassurprisedtoseearobotserverataChick-fil-AinAtlantarecently The robot didn’t seem to be replacing staff, he said; he counted 13 employees in the store, and workers told him the robot helps service move a little faster. He was delighted that therobottoldhimtohaveagreatday,andexpectshe’llseemorerobotswhenhegoes outtoeat.
“I think technology is part of our normal everyday now. Everybody has a cell phone, everybody uses some form of computer,” said Merritt, who owns a marketing business. “It’sanaturalprogression.”
Butnotallchainshavehadsuccesswithrobots.
Chili’s introduced a robot server named Rita in 2020 and expanded the test to 61 U.S. restaurants before abruptly halting it last August. The chain found that Rita moved too slowlyandgotinthewayofhumanservers And58%ofguestssurveyedsaidRitadidn’t improvetheiroverallexperience
Haidilao, a hot pot chain in China, began using robots a year ago to deliver food to diners’tables Butmanagersatseveraloutletssaidtherobotshaven’tprovedasreliable orcost-effectiveashumanservers.
Wang Long, the manager of a Beijing outlet, said his two robots have both have broken down.
“We only used them now and then,” Wang said. “It is a sort of concept thing and the machinecanneverreplacehumans.”
Eventually, Namasivayam expects that a certain percentage of restaurants maybe 30% willcontinuetohavehumanserversandbeconsideredmoreluxurious,whilethe rest will lean more heavily on robots in the kitchen and in dining rooms. Economics are on the side of robots, he said; the cost of human labor will continue to rise, but technologycostswillfall
Butthat’snotafutureeveryonewantstosee SaruJayaraman,whoadvocatesforhigher pay for restaurant workers as president of One Fair Wage, said restaurants could easily solvetheirlaborshortagesiftheyjustpaidworkersmore.
“Humans don’t go to a full-service restaurant to be served by technology,” she said. “Theygofortheexperienceofthemselvesandthepeopletheycareaboutbeingserved byahuman.”
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USSC To Hear Case to Heighten the Standard for Employers to Grant Religious Accommodations
By Christopher T. Vrountas, Esquire and Allison C. Ayer, Esquire, Vrountas, Ayer & Chandler, P.C.
On April 18, 2023, the United States Supreme Court will hear oral argument on Groff v. DeJoy, a case that concerns whether an employer must accommodate its employee’s request not to work on Sunday because of his religious beliefs. For more than 50 years, Federal courts have held that employers need not accommodate the religious practice of their employees in the event such requested accommodation would impose an “unduehardship”ontheemployer Courtshaveapplieda“deminimiscost”standardto determine when a requested accommodation might constitute an undue hardship under Title VII Given the arguments on appeal, the Groff case could establish a new, higher, “undue hardship” standard in religious accommodations cases Should that happen, the higher standard would impose a greater duty for employers to accommodatereligiouspracticeoftheiremployeesintheworkplaceandmakeitmuch more difficult for employers to deny any request for religious accommodation. Here is whereweare:
GeraldGroffbeganworkingfortheUnitedStatesPostalService(“USPS”)in2012asaRural Carrier Associate or “RCA.” It is the job of an RCA to cover for national career postal serviceemployeeswhomustbeabsentfromtheirregulardeliveryduties.Groffidentifies as Christian. He observes a Sunday Sabbath, believing that the day is meant solely for worship and rest, and he accordingly sought an exemption from any work on Sundays. ForaperiodoftimeGroff’sPostmasterexemptedGrossfromSundayworksolongashe covered other shifts throughout the week. But, in 2013, USPS signed a contract to deliver packages for Amazon including on Sundays A few years later, USPS and all national carrieremployeesenteredintoanagreementthatestablishedtheprocessofscheduling employees for Sunday and holiday Amazon delivery The process prevented the post officefromcontinuingtoofferGrofftheoptionofworkingextrashiftsduringtheweekto avoid Sunday shifts. In lieu of this option, the Postmaster offered to send emails each time Groff was scheduled to work on Sundays asking for volunteers to cover the shifts. But this approach failed to consistently accommodate Groff’s desire not to work on Sundays. Furthermore, when Gross did not show up for his scheduled shifts, other RCAs were required to deliver more mail than they otherwise would have on Sundays due to Groff’sabsence.
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The Postmaster himself even had to deliver mail on Sundays because of Groff’s absences.Grofffacedprogressivedisciplineasaresultandheeventuallyresigned.Groff suedUSPSforfailingtoprovideareasonableaccommodationforhisreligiouspracticeof notworkingonSunday.
Title VII Of the Civil Rights Act of 1964 prohibits an employer from discriminating against an individual because of that person’s religion It also requires employers to provide reasonable accommodations for employee’s religious beliefs unless doing so could cause an “undue hardship on the conduct of the employer’s business” In Trans World Airlines, Inc. v. Hardison, the Supreme Court in 1977 established what constitutes an “undue hardship” in the context of a request for a religious accommodation. In a 7-2 decision,theCourtruledthatanemployersuffersan“unduehardship”toaccommodate an employee’s religious practices and beliefs whenever doing so would require an employer to “bear more than a de minimis cost.” This standard requires employers to establishrelativelyminimaleconomicorefficiencycostinordertoavoidhavingtogrant areligiousaccommodation.
Applying the Hardison “undue hardship” standard, the lower courts all ruled against Groff. In essence, those Courts found that exempting Groff from Sunday work required more than a de minimis cost on USPS because it imposed disproportionately on his coworkers, disrupted the workplace and workflow and diminished employee morale, because other workers had to disproportionately bear the burden of Sunday work and giveuptheirfamilytimeandabilitytoattendchurchservicesiftheywouldhavelikedto
On appeal, Groff seeks, not only to overturn the lower courts, but to change the entire standardforestablishingunduehardshipforreligiousaccommodationsunderTitleVII In essence, Groff asks the Court to replace the relatively low “de minimis cost” standard withamuchhigher“significantdifficulty”standard.GroffspecificallyasksthattheCourt require employers to prove that a requested religious accommodation would impose significant costs difficulty or expense to the Company before they can lawfully deny a religious accommodation. In this way, Groff advocates for aligning the undue hardship standard already used for disability accommodations to the religious accommodation settings.ForGroff,thisproperlyputsthetwosituationsonequalfootingandavoidsunfair results.
What does this mean? Under the law today, it is much easier for an employer to prove “undue hardship” in the religious accommodation context as compared to a disability accommodation case. For example, an employer might well be legally required to alter the snack break schedule for a diabetic employee who must maintain blood sugar levels, while lawfully denying a requested change in the meal break schedule for a Muslim employee seeking accommodation for Ramadan If Groff succeeds at the Supreme Court, the employees’ respective requests for accommodation would be scrutinized under the same standard, and both might be required to enjoy their desired breakscheduleabsentashowingof“significantdifficultyorexpense.”
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Groff argues that this is the only way for religious employees to enjoy the “preferential” treatment intended from Title VII. (“Title VII commands employers to afford ‘favored treatment’–not‘mereneutrality’–toemployees’religiouspractices.”)
Groffalsorequeststhatthenewstandardrequireanemployertoshownotonlythatthe religious accommodation has a significant impact on the employee’s co-workers, but alsoontheconductoftheemployer’sbusinessitself Inotherwords,asignificantburden on co-workers alone without a showing of actual, significant harm to the employer’s business,couldnotestablishunduehardship,ifGroffsucceedsattheUSSC
So, how will the case impact employers? Given its present composition, it seems quite likely,thattheSupremeCourtwillchangethelaw.Wehaveseeninrecentdecisionsthe Court’s explicit lack of regard for stare decisis, the principle that calls upon courts to follow the principles established by rulings in past cases. The Court’s current understandingofitsuninhibitedpowerisnotlimitedtoConstitutionalquestionssuchas those addressed in Dobbs v. Jackson Women’s Health Organization (2022), where the Court struck down Roe v. Wade and the 50 years of Constitutional jurisprudence concerning abortion. Justice Thomas in several of his concurring opinions, including Gamblev.UnitedStates(2019),hasmadeitclearthat“precedencedoesnotsupersede the original meaning of a legal text” and may be disregarded where it is “demonstrably erroneous” What is “demonstrable” may well be in the eye of the judicial beholder, but the fact that the Court accepted the case in the first place, after 50 years of precedent, suggestsitsdesiretoreject50yearsofprecedenceprotectingemployersandtoadopt a stricter approach than the “undue hardship” standard in the context of workplace religiousaccommodations
The resulting ruling could well impose greater burden on employers to provide religious accommodations.Withthe“deminimus”standardgone,employerswillhavetoprovea significant financial cost, or a major burden to productivity, or great administrative or scheduling burden, or a tangible, sizable impact on morale, or a great impact on administration in order to deny religious accommodation. Requests not to work on Sabbathdays,orforprayerbreaks,orscheduledemandstoallowreligiousholidaysmay become standard. For those whose business focusses on weekends and holidays, including retail and hospitality establishments, a new, higher, “undue burden” standard could create significant challenges. Employers should pay close attention to how the Supreme Court ultimately rules. If decided on a schedule similar to past sessions, employerscanexpectadecisionissometimelaterthisyear,likelyinJune2023.
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