Remember your obligations when religion and DEI training collide

Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII of the Civil Rights Act of 1964’s  protections against discrimination “based on . . . sex” included sexual orientation and gender identity, an increasing area of legal questions has arisen regarding the conflicts between LGBTQ+ employees’ rights and other employees’ rights to religious accommodation. These questions have increased since the Supreme Court’s decision in Groff v. DeJoy, which increased employers’ obligations to accommodate an employee’s religious beliefs.

With questions swirling regarding conflicting rights under Title VII between employees, sometimes in the context of diversity, equity, and inclusion (DEI) training, the Equal Employment Opportunity Commission’s (EEOC) recent decision in Barrett v. Vilsack allowed it to weigh in on religious accommodation requests in the context of LGBTQ+ discrimination and harassment prevention. Its decision could have a significant effect on how all employers address this developing and complex intersection of the law.

Religious discrimination claim arises from DEI training