Religious Accommodation Rights for Federal Employees
For decades, agencies could deny religious accommodations by pointing to any “more than tiny” cost or inconvenience. That changed in Groff v. DeJoy. Now, under Title VII, an agency must show a substantial burden in the overall context of its operations before saying no. This shift gives federal employees real leverage. If your observance requires schedule changes, travel to worship, or modified duties, your agency cannot rely on vague objections or coworker resentment. They must engage with you individually and justify any denial with specifics.
Expression at Work: Beyond “Appearance of Endorsement”
In the past, agencies often blocked private religious expression—prayer groups, small displays, or even wearing symbols—on the grounds that it might “look like endorsement.” After Kennedy v. Bremerton, that rationale no longer controls. The rule now is neutrality: if your agency permits comparable non-religious personal expression, it cannot single out religious expression for exclusion. The limits remain where expression becomes coercive or disrupts workplace functioning.
Telework as a Religious Accommodation
Even with the President’s directive to increase in-person work, agencies must still consider situational telework as a religious accommodation. The DOJ’s September 18 opinion confirms this: if telework is permitted for secular reasons (illness, ad hoc needs, emergencies), it must be considered for religious observances as well. That could mean approving a telework day tied to a holy day, fasting period, or other discrete observance.
How to Protect Yourself in Practice
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Put it in writing. Clearly link your request to your sincere religious practice and to your essential job duties.
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Offer practical alternatives. Propose flex time, swaps, or limited telework, showing you are committed to meeting mission needs.
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Ask them to “show their work.” If your agency denies, request the specific burdens they believe justify refusal under the Groff standard.
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Keep everything documented. Save emails, notes, and any rationales provided. Documentation is critical if the process breaks down.
The Bottom Line
Your agency cannot fall back on blanket policies to avoid religious accommodations. The law requires case-by-case solutions—and the government’s own legal counsel has now said so explicitly. If you encounter resistance, stay professional, grounded, and persistent.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.