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Founders’ First Freedom files Amicus Brief Urging US Supreme Court to Restore Title VII Workplace Religious Accommodation Standard



Today, Founders’ First Freedom, Inc. filed an amicus brief urging the United States Supreme Court to revisit and restore the workplace religious accommodation standard found in Title VII of the Civil Rights Act of 1964.

Founders’ First Freedom argues that the Supreme Court needs to revisit a 1977 decision that watered-down an employer’s responsibility under Title VII to accommodate to the point where it was essentially meaningless. In Title VII, as amended in 1972, Congress required employers to “reasonably accommodate” their employees’ religious observance or practice unless the accommodation imposed an “undue hardship” on the employer. In 1977, the Supreme Court’s decision in Transworld Airlines v. Hardison included language that said an employer did not need to accommodate an employee if the accommodation imposed anything more than a “de minimis” burden on the employer. Since then, courts have ruled that any cost or effort incurred in accommodating an employee would exceed that standard.

“The current situation is untenable for people whose faith extends beyond attending weekend worship services,” said attorney Michael Peabody, president of Founders’ First Freedom. “If a person is serious about keeping their faith, under the current standards, employers do not even have to pretend to make an attempt to provide an accommodation. The way some courts see it, an employer doesn’t have to try to accommodate a person’s religious observances or practices. They just have to claim that it is hypothetically impossible to provide an accommodation and that’s it.”

Peabody continued, “This is not what Congress intended when it passed the Civil Rights Act. It’s not about asking employers to provide unreasonable accommodations – it’s about asking them to process the requests for accommodation fairly within the meaning of the statute and about giving employers’ and employees a clear expectation of what’s required and what’s not to avoid these kinds of conflicts.”

Dalberiste v. GLE, Inc. is an ideal vehicle for the Court to reconsider this issue. It is a straightforward and focused case in which Mr. Dalberiste, a Seventh-day Adventist, was offered a job. When he asked for a religious accommodation to keep the Sabbath, the employer admittedly did not consider any accommodation and withdrew the job offer. Mr. Dalberiste filed a lawsuit that the trial judge dismissed on summary judgment. The Eleventh Circuit upheld the dismissal, relying on this Court “di minimis” dicta in Hardison, a case involving the impact of union seniority on accommodation in which the definition of “undue hardship” was neither briefed nor argued.

Last year, the Supreme Court declined to hear another case that challenged the Hardison holding, Patterson v. Walgreen. However, Justice Alito, joined by Justices Thomas and Gorsuch, issued an opinion saying the Court needed to revisit Hardison. Justice Alito wrote, “[W]e should reconsider the proposition, endorsed by the opinion in Trans World Airlines, Inc. v. Hardison, 432 U. S. 63, 84 (1977), that Title VII does not require an employer to make any accommodation for an employee’s practice of religion if doing so would impose more than a de minimis burden.”

Justice Alito continued, “I agree in the end that this case (Patterson) does not present a good vehicle for revisiting Hardison. I therefore concur in the denial of certiorari, but I reiterate that review of the Hardison issue should be undertaken when a petition in an appropriate case comes before us.” (Emphasis added.)

Dalberiste is that case. The facts are straightforward, and the Eleventh Circuit admitted  that it based its decision on Hardison, finding that any accommodation would be more than a “de minimis” burden. The Eleventh Circuit noted that although Mr. Dalberiste argued that Hardison was wrongly decided, “[i]t is, of course, one of the fundamental principles of our judicial system that we do not have the authority to overrule Supreme Court precedent.”

Now is the chance for the Supreme Court to restore the meaning of the statutory language in Title VII, which Congress intended to protect the rights of people of faith in the workplace.


Founders’ First Freedom, Inc. (“Founders’ First Freedom”) is a 501(c)(3) nonprofit organization incorporated in 2005 that upholds liberty of conscience and to pursue a cooperative approach to resolving disputes between parties in cases affecting religious freedom. Founders’ First Freedom is the successor organization to the Council on Religious Freedom, a non-partisan, nonprofit national advocacy group formed in 1986 that provided advocacy on issues involving the Free Exercise and Establishment Clauses and associated legislation.

For media inquiries, visit FoundersFirstFreedom.org or phone (866) 21-FREEDOM or (866) 213-7333.


Founders’ First Freedom operates ReligiousLiberty.TV, a website where you can find the latest news and analysis. Be sure to check it out!

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Founders’ First Freedom Announces Essay Contest Winners

We are pleased to announce the Founders’ First Freedom High School and College Essay Contest winners and would like to thank all those who submitted entries.

The winning college essay, submitted by Helen Faulk, is entitled, “Understanding Religious Liberty in East Asia: A Matter of Definitions and Legacies.”

Helen Faulk

Ms. Faulk is a Psychology major with a writing minor at Southern Adventist University. She is pursuing a career pathway towards becoming a librarian in a public or collegiate setting who is also interested in teaching. Her other goals include publishing a book of poems or a novel. She enjoys reading a variety of subjects being particularly interested in the folktales and fairy tales of other cultures, which have helped her understand the conceptual historical legacy of the principles of East Asian culture that she used to draft my article.

Jared Butler

Jared Butler submitted the winning high school essay, entitled, “Why Religious Freedom Matters.”

Mr. Butler is in 10th grade at Oakton High School in Vienna, Virginia. His goals are to be a veterinarian and to be certified as a lifeguard. He was born in Huntsville, AL and moved to Virginia in 2011 where he attends Solid Rock Seventh-day Adventist church. He enjoys video games, math, science, history, and swimming. He is active in his local Pathfinder Club.

Both essays will be posted at the Founders’ First Freedom website.

Founders’ First Freedom Files Amicus Brief in Darrell Patterson v. Walgreen Co.


LOS ANGELES, CA – Today, Founders’ First Freedom, Inc., filed an amicus curiae (friend of the court) brief in Darrell Patterson v. Walgreen Co.Docket No. 18-349, in support of Darrell Patterson’s petition for writ of certiorari before the United States Supreme Court.

The case involves the accommodation of the religious beliefs of an employee who refrained from working on a Saturday as doing so would violate his faith and was terminated as a result after refusing an “accommodation” consisting of a demotion with no guarantee for future religious accommodation. While some Circuit Courts of Appeal have permitted similar cases to go forward to trial where juries can decide whether a proposed accommodation is reasonable or would impose an undue hardship on the employer, the trial court dismissed this case on summary judgment without allowing it to go to trial.

According to Michael Peabody, a Los Angeles attorney and president of Founders’ First Freedom, “Despite Congress’ incorporation of the EEOC Guidelines via the passage of a 1972 amendment to the Civil Rights Act of 1964, which was intended to bolster the right to accommodation of religious beliefs, the circuit courts are presently divided on what this means.  The circuit courts are divided on what the ‘reasonably accommodate’ and ‘undue hardship’ mean for employers and employees. The uncertainty surrounding the meanings of these terms has resulted in litigation that would be avoided if clarity was provided by the Court. Patterson provides this Court with the ideal vehicle to address both of these terms.”

“In this case, the Court has the opportunity to provide clarity that will help reduce the amount of litigation by creating reasonable expectations before issues arise. While current interpretations of employer and employee obligations vary between the circuits and the EEOC, this case presents the Supreme Court with the opportunity to promote consistency and predictability in a manner that is respectful of both religious beliefs and diverse business situations.”

Attorney Walter E. Carson, vice president of Founders’ First Freedom, is no stranger to religious accommodation cases having successfully obtained an 8-1 decision in Hobbie v. Unemployment Appeals Comm’n of Florida, 480 US 136 (1987), on behalf of a Seventh-day Adventist who had been denied unemployment compensation by the state of Florida when her employer objected to paying benefits claiming that she did not qualify as she had been terminated for refusing to work on her Sabbath.  The opinion, drafted by Justice William J. Brennan Jr., found that a state cannot deny unemployment benefits to an employee dismissed for having religious conflicts with the employer. This Court found that the state had violated the Free Exercise Clause by pressuring religious adherents to modify their religious views in order to retain work or benefits.

Founders’ First Freedom, Inc., is a 501(c)(3) non-profit organization incorporated in 2005 that exists to uphold liberty of conscience and to pursue a cooperative approach to resolving disputes between parties in cases affecting religious freedom. Founders’ First Freedom is the successor organization to the Council on Religious Freedom, a non-partisan, non-profit national advocacy group formed in 1986 that appeared frequently in court on issues involving the Free Exercise and Establishment Clauses and associated legislation.



Link to Amicus Brief: 18-349 Amicus (Founders’ First Freedom)

Link to Supreme Court case materials in Darrell Patterson v. Walgreen Co. (Docket No. 18-349)

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Liberty Magazine and Founders’ First Freedom High School and College Writing Contest

Introducing the “Founders’ First Freedom” high school and college writing contest!

Contest description:  Short essay, less than 1,200 words on the question:

“Is religious liberty a universal human right? Discuss the meaning of this term as it is understood in a culture, country, or intellectual tradition different from your own.”


First place winner in each category (College and High School) receives $750. Second place winner in each category receives $500.


Winners and finalist essays may be published in Liberty or on the Liberty Magazine and/or Founders’ First Freedom websites.




E-mailed or postmarked by September 1, 2018


You may enter using e-mail to essaycontest@foundersfirstfreedom.org or mail to:

Founders’ First Freedom
PO Box 571302
Tarzana, CA 91357

Include:  Name, e-mail address, high school or college, year in school, and word count.

Winners will be announced in the January / February 2019 issue of Liberty.

All entries must be unpublished and 1,200 words or less. Works must be submitted in English. The work must be your original work and you must own the rights to the essay (cannot have previously sold it or use copyrighted material without permission).

The author (you) will retain all rights to the essay, and will grant the contest sponsor the right to publish in print, on the contest web page, Facebook, and/or in other essay collections.

Only one entry per person is allowed.

The decisions of the judges are final.

Every effort will be made to make the contest fair and unbiased. Immediate family members (children and siblings) of the finalist judges are not permitted to be winners.

Further information will be available at FoundersFirstFreedom.org


Founders’ First Freedom is an independent non-profit 501(c)(3) organization dedicated to educating the public about issues involving liberty of conscience.



Founders First Freedom welcomes ReligiousLiberty.TV to online portfolio

Los Angeles, California – On September 19, 2017, the board of directors of Founders First Freedom, a non-profit organization that promotes religious liberty, voted to merge with ReligiousLiberty.TV, a website dedicated to celebrating liberty of conscience.

Founders First Freedom was incorporated as a 501(c)(3) organization in 2005 to carry forward the desire of John and Cecil Hedrick and the Hedrick Family Trust to educate the public about religious liberty. In 1981, the Hedricks approached John Stevens, Sr. and told them about their interest in religious freedom and religious ministry. They decided to create an organization to advance the cause. In 1985, they formed the Council for Religious Freedom which eventually turned into Founders First Freedom.  In 1986, John Hedrick passed away followed by Cecil Hedrick in 1991.  John Stevens, Sr., continued to guide the organization until his death in 2015.

Today, the organization is led by Michael Peabody, who serves as president, vice-president Walter Carson, Glenn Fuller, Kent Hansen, Alice Farley, Karen Scott, and Hedrick family attorney Dave Larkin. John Hedrick’s cousin, Betsy Phillips, now in her 100th year, serves as an advisor to the board.

Launched in 2008, ReligiousLiberty.TV is a website featuring breaking news and analysis in the field of religious liberty. The website will continue with its current board of advisors and editorial staff.

Our Purpose

Incorporated in 2005, Founders First Freedom is a 501(c)(3) non-profit organization that exists to foster, uphold, educate and promote the principles of religious liberty in any one or a combination of the following ways:

  1. By upholding the freedom of personal choice to adopt, not to adopt, or to change a religious belief.
  2. By upholding the individual’s right to speak in the determination of personal belief and in the advocacy of ideas.
  3. By upholding and educating individuals in the United States regarding the principle of separation of church and state and the freedom of the press as defined in the First Amendment to the United States Constitution.
  4. By arousing public opinion concerning the importance of religious liberty as the fundamental human right through education and evangelistic dissemination.
  5. By educating the public and government representatives through all appropriate means and instrumentalities, including but not limited to publications, radio, television, internet, audio-visual presentations, lectures and seminars regarding the principles of religious liberty and its vulnerability within the United States of America.
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