The Department of Justice has specified factors for federal agencies to consider when deciding whether to allow federal employees to use situational telework as a religious accommodation. Private-sector employers could extrapolate from this policy.
President Trump’s Return to In-Person Work directive instructed federal agency heads to order employees back to in-person work full-time but authorized them to grant necessary exemptions. In a September 18 memorandum to the Equal Employment Opportunity Commission, DOJ concluded that the directive does not preclude situational telework as a form of religious accommodation prompted by specific, discrete religious circumstances. For employees whose duties cannot be performed remotely, DOJ advises agencies to consider alternative accommodations, such as shift-swapping.
The memorandum also addresses legal developments regarding undue hardship. It instructs agencies not to rely on older guidance suggesting that they may deny accommodations that impose more than a de minimis cost.
Even though this memorandum is directed at federal agencies, it is important for private sector employers because it reflects the current administration’s interpretation of religious accommodation under Title VII.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.