Marquee Background
Marquee Background

Offit Kurman Blogs

Labor and Employment

Evolving Standards for Religious Accommodations at Work

August 25, 2025

By Sarah Goodman

Evolving Standards for Religious Accommodations at Work

The legal framework surrounding religious accommodations in the workplace has evolved significantly, driven by recent court decisions, EEOC enforcement actions, and federal guidance. Employers must gain a clear understanding of these changes, to ensure compliance with Title VII of the Civil Rights Act of 1964. With heightened scrutiny on religious exemption requests, particularly in the wake of COVID-19 vaccine mandates, employers must stay informed to avoid costly litigation and foster inclusive workplaces.

Key Court Rulings Clarify Religious Accommodation Standards

Recent judicial decisions have reshaped how employers must evaluate religious accommodation requests under Title VII. Below are pivotal cases that highlight the courts’ focus on sincerity of belief and the elevated standard for denying accommodations.

Second Circuit: Defining Sincerely Held Beliefs
In Gardner-Alfred v. Federal Reserve Bank of New York, 143 F.4th 51 (2d Cir. 2025), the Second Circuit offered critical guidance on assessing “sincerely held” religious beliefs in the context of COVID-19 vaccine mandate exemptions. The Federal Reserve Bank of New York (FRBNY) terminated two employees after denying their religious exemption requests. The court’s ruling clarified:

  • Low Threshold for Sincerity: Plaintiff Gardner-Alfred’s exemption request was dismissed due to its reliance on a generic “exemption package” lacking ties to specific religious practices. Employers can expect courts to require detailed, individualized expressions of belief.
  • Inconsistency Does Not Disqualify: Co-plaintiff Diaz’s claim was revived despite inconsistent behavior (e.g., using medications potentially conflicting with her religious objections). The court emphasized that imperfect adherence does not negate sincerity.
  • Misunderstandings Are Valid: Diaz’s objection to mRNA vaccines, based on a mistaken belief about fetal cell lines, was deemed genuine. Employers cannot dismiss requests due to factual inaccuracies.

Other Landmark Cases

  • Groff v. DeJoy, 143 S. Ct. 2279 (2023): The Supreme Court raised the bar for denying accommodations, requiring employers to show a “substantial increased cost” or operational burden. This decision significantly strengthens employee protections.

  • Keene v. City and County of San Francisco, No. 22-16567 (9th Cir. 2024): The Ninth Circuit ruled that blanket denials of religious exemptions, without engaging in the interactive process, violate Title VII.

  • Bube v. Aspirus Hospital, Inc., No. 22-cv-745 (W.D. Wis. 2024): A federal district court rejected a hospital’s denial of exemptions based on vague claims of workplace disruption, reinforcing the need for specific evidence of undue hardship.

Employers must conduct individualized, respectful inquiries into the sincerity of religious beliefs and avoid denials based on assumptions or skepticism.

EEOC’s Robust Enforcement of Religious Rights

The Equal Employment Opportunity Commission (EEOC) has intensified its focus on religious accommodations, particularly in response to COVID-19 vaccine mandate disputes. Key developments include:

Recent EEOC Appellate Decisions (August 4, 2025)
The EEOC’s Office of Federal Operations issued three decisions clarifying accommodation standards:

  • Department of Veterans Affairs: A physician requesting Friday afternoons off for prayer was offered reduced hours or an overly burdensome schedule. The EEOC ruled these options unreasonable, noting that accommodations causing employee disadvantage (e.g., reduced pay) are insufficient. Claims of “low morale” among staff were also deemed inadequate justification.
  • Federal Reserve Board: A law enforcement officer’s exemption request was denied without exploring accommodations or documenting hardship. The EEOC applied the Groff standard retroactively, emphasizing the need for a thorough process.

EEOC’s Enforcement Milestones (August 18, 2025)
In its “200 Days of EEOC Action to Protect Religious Freedom at Work” press release, the EEOC reported:

  • Over 10,000 charges related to religious accommodations for COVID-19 vaccine mandates
  • More than $55 million recovered for workers, including a $1 million settlement with Mercyhealth
  • Lawsuits against organizations like Silver Cross Hospital and the Mayo Clinic for improper denials of religious exemptions

The EEOC is prioritizing robust enforcement, and employers face significant risks for cursory or unsubstantiated denials of religious accommodations.

Federal Guidance Promotes Accommodation

The Office of Personnel Management (OPM) issued memoranda on July 16 and July 28, 2025, urging federal agencies to adopt a pro-accommodation stance. Key points include:

  • Emphasizing a good-faith interactive process with detailed documentation
  • Encouraging low-cost solutions like telework or flexible scheduling, which require strong justification if denied

While directed at federal agencies, these guidelines reflect broader expectations for all employers under Title VII.

Practical Steps for Employers
To navigate this high-scrutiny environment, employers should adopt the following strategies.

Risk Area Actionable Steps
Sincerity Challenges Conduct respectful interviews, focusing on the employee’s stated beliefs. Avoid demanding theological proof or overly intrusive inquiries.
Undue Hardship Claims Provide specific, data-backed evidence of substantial costs or operational burdens. General claims like “staff discomfort” are insufficient.
Manager Training Train supervisors on clear protocols for handling accommodation requests compassionately and escalating them appropriately.
Policy Review Update accommodation policies to align with the Groff standard and EEOC’s enforcement priorities. Ensure procedures are transparent and consistent.
Documentation Log every step of the interactive process to demonstrate compliance and build a defensible record.

The Lasting Impact of COVID-Era Policies

The legal and regulatory focus on religious accommodations, spurred by COVID-19 vaccine mandates, has created a lasting shift in employment law. From scheduling adjustments to exemption requests, religious considerations are now central to workplace compliance. Employers must stay proactive, ensuring policies and practices reflect the latest legal standards to avoid litigation and promote a respectful, inclusive workplace.

Related People

Related Services

  • Posts
  • About
  • Subscribe

Firm Highlights

  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.
  • Events
    The 2026 Economic, Tax, and Accounting Updates
    We are looking forward to the Mid-Atlantic CFO Roundtable's next event on November 13, 2026. This is a program with topics built for Finance Executives. We are extremely fortunate to have three excellent speakers: Dr. Daraius Irani, Vice President of Business and Public Engagement at Towson University; Mike Stankus, Tax Office Managing Principal at BDO; and Daniel Wahlberg, Managing Partner of Acclare Solutions. The economy is rapidly changing with various factors driving it. The November 3rd midterm elections may also have an impact. Our three expert presenters will discuss the ramifications of the election, and the current year updates to GAAP financial reporting and Federal and State income taxes. Please join us for what will surely be an informative and timely discussion. Meet Our Speakers: Daraius Irani, Ph.D. • Towson University Vice President, Business & Public Engagement Dr. Daraius Irani serves as Vice President of Business and Public Engagement at Towson University as well as the chief economist for the Regional Economic Studies Institute (RESI) at Towson University, a policy group providing economic, fiscal impact, and policy analysis to public and private entities.  Dr. Irani is often called upon to provide economic presentations to organizations across Maryland. He has appeared on numerous television programs and in local and regional print media. Dr. Irani holds a Ph.D. in economics from University of California, Santa Barbara. Dan Wahlberg • Acclare Solutions Managing Partner With over 28 years of experience, Dan Wahlberg is a recognized leader in audit and assurance for the Mid-Atlantic’s middle market business community. As a licensed CPA in Maryland and Virginia, Dan has led assurance practices at top regional firms, including serving as Baltimore Audit Managing Partner and Assurance Practice Leader at BDO USA in Baltimore and as Partner and member of the Management Committee at Hertzbach & Company P.A which merged into BDO in 2020. His expertise centers on delivering clarity, strategic guidance, and proactive solutions to middle-market businesses across Baltimore and beyond. His entrepreneurial spirit has led him to begin a new CPA firm this year with four other CPAs serving the business community. Dan holds a Bachelor of Science in Accounting from Rutgers University and began his career at PWC in New York. He is also deeply engaged in the community, previously serving as President of ACG Maryland and current Board member and as Audit Committee Member for The Associated: Jewish Federation of Baltimore.  Mike Stankus • BDO USA LLP Tax Office Managing Principal Mike Stankus is the Tax Office Managing Principal for the firm’s Baltimore office. He has more than 16 years of experience providing tax planning and preparation and management advisory services for his clients. Mike focuses on advising privately held businesses and their owners on effective growth and tax strategies. He also performs various engagements for mergers and acquisitions and complex cost accounting projects and projections. In addition, he represents various government contracting clients before the DCAA and assists with FAR compliance. Mike’s areas of concentration include working with government contractors, professional service firms, construction companies, and homebuilders.
  • Podcasts
    The College Prep Most Parents Skip with Candace Dellacona and Kimberly Lau
    When the "Cornell 7" case made national headlines this fall, many parents found themselves asking a question they never expected to face: what actually happens when something goes wrong on campus? We spend so much time preparing our kids to get into college and succeed once they get there, but how often do we prepare them for what happens next if a report is made, by them or about them? In this episode of The Sandwich Generation Survival Guide, host Candace Dellacona is joined by her colleague Kimberly Lau, who represents both complainants and respondents in Title IX matters such as the case capturing the latest headlines. Together, they break down what Title IX is, who it protects, what happens when a college receives a report, and what students and parents should know before their child ever needs it. Kimberly explains why Title IX reaches far beyond athletics, what it generally means when a student is contacted by the campus Title IX office, and what a family should do first, whether their child is reporting something that happened to them, is the subject of a complaint, or simply got caught up in a situation they never expected. She also walks through how privacy rules affect what a school can share with parents, who can sit in on meetings, how investigations, hearings, and decisions typically unfold, and why preserving evidence and knowing your school's policies early can make all the difference. Whatever the outcome of the case making headlines, it has put a spotlight on how campus processes work, and on how much families often don't know until they're in the middle of one. If you are sending a freshman off to campus, welcoming a student home for the holidays, or simply want to be the kind of parent your child feels safe calling when things go wrong, this conversation offers clear, practical guidance you can use now. As Candace puts it, calling home right away is not a sign that your child has failed at being an adult. It is knowing where to turn. This episode is for general informational purposes only and is not legal advice. Every situation is different, so please consult an attorney about your specific circumstances. Learn more about Kimberly Lau and her practice at Offit Kurman: https://www.offitkurman.com/kimberly-lau Connect with Kimberly on LinkedIn: https://www.linkedin.com/in/kimberlylauesq/ Follow and subscribe to The Sandwich Generation Survival Guide wherever you listen to podcasts. New conversations are released on the first and third Tuesdays of every month. If this episode resonates with you, leave a five-star rating or review and share it with another sandwich generation caregiver!
  • Blog Posts
    Powering the Future Maximizing Energy Storage Value with David Braun
    In this episode of the MSSIA Insight Podcast, host Matthew Karmel, Chair of Offit Kurman’s Environmental & Sustainability Practice, sits down with David Braun, Chief Commercial Officer at Intelligent Generation, to explore how distributed energy storage is creating new opportunities for businesses, developers, and the broader energy grid.With more than 35 years of experience in the energy and utility sector, David shares how battery storage can help commercial and industrial customers earn revenue, reduce energy costs, and improve power reliability. The conversation explores revenue stacking, including how batteries can generate value through wholesale energy markets, reduce capacity and transmission charges, store excess solar energy, and provide backup power during outages or disruptions.Matthew and David also discuss the evolving energy storage landscape across New Jersey, Pennsylvania, and Delaware, highlighting differences in state policies, utility programs, and opportunities for virtual power plants. David explains how industry collaboration through MSSIA can help advance effective energy policies and accelerate project development.Looking ahead, David shares his perspective on the future of distributed energy storage, the transition toward a more interconnected and resilient grid, and the importance of accurately modeling battery economics to demonstrate project value and support investment decisions. In this episode, you’ll learn about: How battery storage can help businesses earn revenue, save money, and protect operations. What revenue stacking means and how multiple battery applications create economic value. How rising capacity and transmission charges are influencing energy storage opportunities in PJM. The differences in energy storage policies and incentives across New Jersey, Pennsylvania, and Delaware. The role of virtual power plants in supporting grid reliability and managing energy demand. Why accurate financial modeling, customer load profiles, and utility rate structures are critical to evaluating battery projects. How MSSIA supports industry collaboration and policy advocacy across the Mid-Atlantic. Whether you're a solar or storage developer, investor, contractor, attorney, or clean energy professional, this episode offers practical insights into the economics, policy considerations, and emerging opportunities shaping the distributed energy storage market. About the MSSIA Insight Podcast Powered by Offit Kurman and presented in partnership with the Mid-Atlantic Solar & Storage Industries Association (MSSIA), the MSSIA Insight Podcast explores the legal, regulatory, and business developments shaping the solar and energy storage industries across New Jersey, Pennsylvania, and Delaware. Hosted by Matthew Karmel, the podcast features conversations with industry leaders and subject matter experts, delivering actionable insights to help clean energy professionals navigate an evolving industry. New episodes are released every other month.   Join our next policy committee call as a guest to see firsthand the impact we're driving: https://forms.gle/8WqmDvdJUKBh35Qw7