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Expanded freedom of religious expression could lead to increased workplace tension

September 2025 employment law letter
Authors: 

Paige Good, McAfee & Taft

On July 28, 2025, the Trump administration issued a memorandum to all heads and acting heads of federal government departments and agencies entitled “Protecting Religious Expression in the Federal Workplace.” The memo provides guidance on the protection and enforcement of each federal employee’s “right to engage in religious expression in the Federal workplace” and states that “Agencies should allow personal religious expression by Federal employees to the greatest extent possible unless such expression would impose an undue hardship on business operations.” Although the memo’s immediate effects apply only to federal employees, its potential for increased workplace tension may find its way into the private sector.

Current law on religious discrimination

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on an individual’s protected status, including religion. It further requires employers to reasonably accommodate an employee’s sincerely held religious practices and beliefs in the workplace so long as doing so would not cause an undue hardship on the employer’s business and operations.

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