3rd Circuit: Accommodation Of Sabbath Observer Would Create Undue Hardship For Postal Service

In Groff v. DeJoy, (3d Cir., May 25, 2022), the U.S. 3rd Circuit Court of Appeals, in a 2-1 decision, held that accommodating a Sunday sabbath observer by allowing him not to report for work on Sunday would cause an "undue hardship" to the U.S. Postal Service.  Thus, failure to grant that accommodation did not violate Title VII of the 1964 Civil Rights Act. In reaching that conclusion, the court agreed with those circuits that interpret "reasonable accommodation" under Title VII to mean an accommodation that totally eliminates the conflict between job requirements and religious practice. Judge Hardiman, dissenting, said that USPS had not satisfied its burden at the summary judgment stage to prove undue hardship, though it might be able to do so with more facts at trial. Courthouse News Service reports on the decision. [Thanks to Scott Mange for the lead.]

Street Artist Sues Vatican For Using Her Image of Christ On Postage Stamp

 AP reports on a lawsuit filed in Italy last month by a Rome street artist.  Alessia Babrow has sued the Vatican for copyright infringement for using her street art image of Christ on the Vatican's 2020 Easter postage stamp.  The image was glued onto a bridge near the Vatican:

Olivieri, the Vatican’s numismatic chief, has told an Italian journalist that he took a photo of the Christ when he saw it while riding his moped one day and decided to use the image for the Easter stamp in an apparent attempt to appeal to a new generation of stamp enthusiasts.

Suit Challenges Postal Service's Rules On Content of Customized Stamps

Suit was filed earlier this month in a Texas federal district court challenging the constitutionality of a portion of the U.S. Postal Service's regulation (39 CFR §501.21) that limits the depictions that may be placed on customized postage stamps produced by private providers authorized by USPS. The regulation limits, among other things, "Any depiction of political, religious, violent or sexual content".  The complaint, (full text) in Fletcher v. U.S. Postal Service, (ED TX, filed 12/19/2019), contends that plaintiff's free speech and free exercise rights (including her rights under RFRA) are violated because she will be unable to create personalized postage stamps that allow her to share her love of Christmas and other holidays through PhotoStamps.com's website.  According to the complaint:

16. The website also requires customers to agree that Stamps.com, in its sole discretion, may determine if designs meet the eligibility criteria and may also reject orders without explanations. If customers submit a design Stamps.com determines is in violation of their requirements, those customers may be charged a processing fee of $10 per image.

17. If customers publicly complain about the rejection of a stamp design, Stamps.com claims it will be harmed and may pursue legal action. The website states, “[if] you intentionally publicize such violation, you acknowledge that Stamps.com will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.”

The complaint goes on to allege that:

... USPS chose to promulgate a regulation allowing third-party providers, such as PhotoStamps, to discriminate against speech. Regulation 39 C.F.R. § 501.7(c)(1) requires the provider—here, PhotoStamps—to ensure that what it prints is “[c]onsistent with the Postal Service’s intent to maintain neutrality on religious, social, political, legal, moral, or other public issues.”

First Liberty Institute issued a press release announcing the filing of the lawsuit.

Four New Holiday Season Postage Stamps Issued

The U.S. Postal Service this month has issued four new stamps for the December holiday season: a Madonna and Child Christmas stamp; a classic Santa Claus Christmas stamp; a Hanukkah stamp (issued jointly with Israel Post); and a Kwanzaa stamp. JTA has more details on the joint Haukkah stamp.

Postal Service Issues Eid Postage Stamp

On June 10, the U.S. Postal Service announced the issuance of a new Eid Greetings Forever Stamp, recognizing the Muslim festivals of Eid al-Fitr and Eid al-Adha. The ceremony releasing the postage stamp was held at the Islamic Center of America in Dearborn, Michigan.  A second special ceremony was held on June 13 at the Muhammad Ali Center in Louisville, KY. World Religion News has more on the dedication ceremony and on reactions to the issuance of the stamp during this period of political tension over Muslim immigration.