Changes to Religious Accommodation in the Workplace
A number of developments have taken place in this area, including the following:
The Groff court decision by the Supreme Court in 2023 increased the threshold for restricting religious observance in the workplace from de minimis to “undue hardship” on the employer. The latter criterion means that implementation would result in “substantial increased costs in relation to the conduct of [the employer’s] business.” The previous “de minimis” standard permitted employers to deny accommodations if they resulted in anything more than a minimal cost or operational burden –a significant difference.
Executive Order 14202, “Eradicating Anti-Christian Bias,” established enforcement criteria and subjected all executive branch components to review of their policies and procedures in this regard.
The EEOC’s “200 Days of Action” in 2025 included the following components:
Recovery of over $55 million for employees affected by vaccine mandates and employer conciliations, plus reinstatement for employees who had been terminated for non-compliance.
A $21 million class settlement with Columbia University for allegedly engaging in harassment based on national origin, religion, and/or race – including antisemitism, particularly after October 7, 2023 (the largest EEOC settlement in 20 years, per the agency).
EEOC-led lawsuits for failure to make religious accommodations relating to requested schedule changes and uniform modifications.