Page:Groff v. DeJoy.pdf/4

4 to soften its impact, cautioning against extending the phrase to cover such things as the “administrative costs” involved in reworking schedules, the “infrequent” or temporary “payment of premium wages for a substitute,” and “voluntary substitutes and swaps” when they are not contrary to a “bona fide seniority system.” §§§ [sic]1605.2(e)(1), (2). Yet some courts have rejected even the EEOC’s gloss on “de minimis,” rejecting accommodations the EEOC’s guidelines consider to be ordinarily required. The Court agrees with the Solicitor General that Hardison does not compel courts to read the “more than de minimis” standard “literally” or in a manner that undermines Hardison’s references to “substantial” cost. Tr. of Oral Arg. 107. Pp. 12–15.

(2) The parties agree that the “de minimis” test is not right, but they differ in the alternative language they propose. The Court thinks