Summary and Analysis: DOJ Guidance on Religious Telework Accommodations
Summary
Topic: DOJ Clarifies Religious Telework Accommodations
Date: Sept. 19, 2025
Source: Rebecca Klar & Khorri Atkinson, Bloomberg Law
- DOJ Memo: The Department of Justice’s Office of Legal Counsel (OLC) issued a memo clarifying that federal workers may telework as a religious accommodation under existing laws and guidelines.
- Background: The Equal Employment Opportunity Commission (EEOC) requested guidance amid ongoing political pushes (notably from the Trump administration) for more in-person work. EEOC’s Republican Acting Chair, Andrea Lucas, has prioritized enforcing protections against religious discrimination.
- Guidelines Applied: The DOJ memo cites President Clinton’s 1997 Religious Expression Guidelines and a 2017 religious liberty memorandum, but instructs agencies to disregard outdated standards such as: • the ‘de minimis’ test for undue hardship • the ‘appearance of endorsement’ test under the
- Establishment Clause - Supreme Court Precedent: • Groff v. DeJoy (2023): Employers must accommodate religion unless it creates substantial increased costs. • Kennedy v. Bremerton (2022): Protects public employees’ religious expression and limits restrictions solely on appearance grounds.
- Limitations: Agencies can still restrict religious activity if it interferes with work or is coercive. Telework accommodations must be assessed case by case, considering duties, performance, and feasibility.
- Reactions: Lucas called the guidance ‘significant,’ stressing clarity for workers about religious protections, including occasional telework for religious observances such as holidays.
Analysis
Legal Significance
• Higher Accommodation Standard: The memo aligns federal agencies with the Groff ruling, replacing the old de minimis test with a more demanding ‘substantial cost’ standard. This raises the threshold for denying religious accommodation requests. • Constitutional Shift: By discarding the ‘appearance of endorsement’ test, the DOJ reflects the Supreme Court’s Kennedy ruling, narrowing how agencies may limit religious expression. This provides federal workers broader rights.
Impact on Federal Agencies
• Operational Flexibility: Agencies must now consider telework as a valid religious accommodation, even when requiring return-to-office. This creates administrative challenges requiring individualized assessments. • Case-by-Case Burden: Managers cannot deny requests on blanket policy grounds; they must document how granting it would cause substantial increased costs or disruptions. Mishandling could increase litigation risk.
Workplace Dynamics
• Balance of Rights: Religious expression cannot interfere with workplace operations. Agencies can prevent coercive or disruptive practices. • Potential Conflicts: Expanded protections could create clashes when religious needs conflict with agency efficiency or coworkers’ rights, requiring careful policies and training.
Political & Policy Context
The guidance responds to the national debate over return-to-office mandates versus worker rights. By clarifying religious accommodations, DOJ offers federal employees a carve-out from rigid in-person policies. It reflects partisan tensions, with Republican leadership at EEOC emphasizing religious freedom, while Democrats have stressed separation of church and state.
Bottom Line
The DOJ’s guidance strengthens federal workers’ ability to request telework for religious observances and aligns workplace rules with recent Supreme Court rulings. While this enhances protections for employees, it raises compliance burdens on agencies, requiring individualized analyses and increasing potential disputes.
