Hunton Employment & Labor Perspectives

The Second Circuit has clarified that, when analyzing Title VII religious accommodation claims, the employer’s motive—not knowledge—is the central question.  In its July decision, Bergin v. New York State Unified Court System, the Second Circuit found that its longstanding three-part prima facie test was abrogated by the U.S. Supreme Court in EEOC v. Abercrombie & Fitch. 

The U.S. Equal Employment Opportunity Commission in August issued a press release highlighting its “200 Days of Action to Protect Religious Freedom at Work.” 

On June 29, 2023, the U.S. Supreme Court in Groff v. DeJoy clarified the “undue hardship” standard under which it can deny a religious accommodation under Title VII of the Civil Rights Act of 1964.  In a unanimous opinion authored by Justice Alito, the Court rejected a “de minimis cost” test, and held that an employer denying a religious accommodation must show that the burden of granting an accommodation “would result in substantial increased costs in relation to the conduct of its particular business.”

Last week, the EEOC issued new guidance on how to apply anti-discrimination laws to an applicant or employee’s request for a religious exemption from an employer’s COVID-19 vaccination requirement.