RELIGIOUS ACCOMMODATION

Title VII of the Civil Rights Act (Title VII) prohibits federal agencies from discriminating against employees or applicants because of their religious beliefs or practices in hiring, firing, and other terms, conditions, and privileges of employment. Additionally, Title VII requires federal agencies to reasonably accommodate employees' or applicants' religious beliefs or practices unless doing so would impose an undue hardship upon the Agency.

On July 16, 2025, the Office of Personnel Management (OPM) issued a memorandum entitled "Reasonable Accommodations for Religious Purposes" to provide guidance concerning the roles of leave and workforce flexibilities, including telework, as religious accommodations and the responsibilities of supervisors in facilitating these arrangements. The memorandum further conveyed that agencies are encouraged to adopt a generous approach to approving religious accommodations, prioritizing employee needs while maintaining operational efficiency.

DEFINING RELIGION

The Equal Employment Opportunity Commission (EEOC) defines "religious beliefs" to include theistic beliefs (i.e., those that include a belief in God) as well as non-theistic moral or ethical beliefs about right and wrong that are sincerely held with the strength of traditional religious views. In most cases, whether a practice or belief is religious in nature is not an issue. Religion typically concerns "ultimate ideas" about "life, purpose, and death." Social, political, and/or economic philosophies and personal preferences are not "religious" beliefs. It is important to consider that an individual's religious beliefs may change over time. Additionally, individuals may choose to adhere to some tenets of their religion but not others, and individuals may have a sincere belief in a religious practice that is not observed by other followers of their religion.

RELIGIOUS ACCOMMODATION

Title VII requires federal agencies, upon notice of a request, to reasonably accommodate an employee whose sincerely held religious beliefs, practices, or observances conflict with a work requirement, policy, or practice unless the accommodation would create an undue hardship.

What is a religious accommodation?

A religious accommodation is any adjustment to the work environment that will allow the employee or applicant to comply with his or her religious beliefs. The need for religious accommodation may arise where an individual's religious beliefs, practices, or observances conflict with a specific task or requirement of the individual's position or an employment application process. Accommodation requests often relate to work schedules, dress and grooming, or religious expression in the workplace. If it would not pose an undue hardship, the employer is legally obligated to grant the accommodation.

What is an undue hardship?

An agency may justify a refusal to accommodate an individual's religious beliefs, practices, or observances if the agency can demonstrate that the accommodation would cause an undue hardship. In Groff v. DeJoy, 143 S. Ct. 2279 (2023), the Supreme Court declared that "undue" would amount to substantial increased costs in relation to the conduct of an employer's business, rather than the de minimis burden that was previously accepted.

Undue hardship is shown when a burden is substantial in the overall context of an employer's business, considering all relevant factors in the case at hand, including the particular accommodations at issue, and their practical impact in light of the nature, size, and operating cost of an employer. In DOL's case, cost is assessed considering DOL as whole, and not as individual component agencies.

How does the religious accommodation process work?

In requesting an accommodation, an employee or applicant must make the agency aware of the need for an accommodation based on a conflict between the individual's religious belief, practice, or observance and his/her work duties or the agency's hiring process (for applicants for employment). Examples of religious accommodations may include:

  • Scheduling changes (arrivals, departures, floating/optional holidays, flexible work breaks, and any other scheduling changes);
  • Telework;
  • Voluntary shift substitutions and/or swaps;
  • Modifications of marginal functions, such as changes of position tasks;
  • Modifications to workplace practices, policies, and procedures;
  • Designating an unused or private location in the workplace where a religious practice or observance can occur if desired and does not disrupt other workers;
  • Allowing dress or grooming practices that an employee has for religious reasons, including, for example, wearing head coverings or other religious dress (such as a Jewish yarmulke or an Islamic hijab); wearing certain hairstyles or facial hair (such as Rastafarian locks or coils or Sikh uncut hair and beard); or not wearing certain garments (such as pants or miniskirts).

Employees should make requests for religious accommodations either to (1) their Supervisor or (2) the Civil Rights Center (CRC) at religiousaccommodation@dol.gov, and specify what accommodation they are seeking, including any relevant dates or times by which the accommodation is needed. Although not required, employees are encouraged to use the Religious Accommodation Form* to submit their request for a religious accommodation.  Supervisors should engage CRC upon receipt of such a request.

The request for an accommodation may trigger an interactive process or discussion between the Supervisor (in consultation with CRC) and/or CRC and the individual making the request to review the request and assess available options, particularly if the Supervisor/CRC representative reasonably need additional information.

If the accommodation requested does not appear to pose an undue hardship to the Agency, the request should be approved as promptly as possible. If further assessment is required, Supervisors should allow interim accommodations if needed, and whenever possible, until a final decision is made. Requests to use available leave (paid or unpaid) for de minimus periods of time to observe a religious holiday or practice may be granted by the Supervisor without consultation.

If a Supervisor and CRC determine that an effective alternative accommodation may be provided—i.e., an accommodation other than the specific request made by the employee—a memorandum will be issued explaining how and why the alternative was deemed appropriate. The Supervisor and CRC must consult with SOL if an alternative accommodation is proposed or if an accommodation may be denied. Every effort will be made to issue a decision prior to any relevant date or time associated with the requested accommodation and, generally, no more than ten (10) business days from the date of the request. When an accommodation is needed on a recurring basis, the employee does not need to undergo the full approval process for each recurring event. Periodic scheduling needs may still require review and approval by Supervisors.

Requests for accommodations, as well as the religious beliefs, practices, or observances prompting the requests, are confidential and should only be disclosed to officials with a need-to-know.

CONTACT INFORMATION

To submit a request for religious accommodation, please contact your Supervisor or email CRC at religiousaccommodation@dol.gov.

For general inquiries, CRC may be reached at CivilRightsCenter@dol.gov.

If at any time you think that you have been subjected to discrimination and/or denied an accommodation based on your religious beliefs, observances, or practices, contact an EEO Counselor (or CRC) within forty-five (45) days of the alleged discriminatory event to preserve your right to file an EEO complaint. More information on the EEO complaint process can be found using the following link: How to File an EEO Complaint | U.S. Department of Labor (dol.gov).

More information on Religious Discrimination can be found on the EEOC's website using the following link: Section 12: Religious Discrimination | U.S. Equal Employment Opportunity Commission.

*Note: A request for a religious accommodation is not the same as a request for an accommodation based on a disability or medical condition. There is a separate process for accommodations based on a disability, including separate forms, which should not be used when seeking an accommodation for sincerely held religious beliefs, practices, or observances.

Moreover, the Religious Accommodation Form is for use by DOL employees, not applicants for DOL employment. Applicants may make requests to the Human Resources representative who may need to adjust the application process or timeline to ensure the accommodation is addressed to permit effective participation.