EEOC issues revised guidance on workplace religious protections

For the first time in 13 years, the Equal Employment Opportunity Commission (EEOC) has revised its guidance on religious accommodation and discrimination claims. On January 15, after receiving comments from the public, the agency published its revised guidance at https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination#_ftn74. The number of religious discrimination charges filed with the agency increased significantly from fiscal years 1997 to 2019, and the updated document is supposed to be “a practical resource for employers, employees, practitioners, and EEOC enforcement staff on [the] prohibition against religious discrimination.” Notably, the agency added that although the “document does not have the force and effect of law and is not meant to bind the public in any way, [it] is intended to provide clarity . . . on existing requirements under the law and how the Commission will analyze these matters in performing its duties.”

Key updates

Key revisions to the EEOC’s guidance include the following changes: