Second Circuit changes the standard for religious accommodation under Title VII

Employers in New York State now face a new legal standard for failure-to-accommodate-religion claims under Title VII of the Civil Rights Act of 1964 after a recent ruling from the U.S. Court of Appeals for the Second Circuit (which covers New York, Connecticut, and Vermont). 

New test

In the past, the Second Circuit assessed whether employees stated a prima facie (minimally sufficient) case of failure to accommodate religion under Title VII by asking whether they: 

• Held a bona fide religious belief conflicting with a work requirement;

• Informed the employer of that belief; and 

• Were disciplined for failure to comply with the requirement. 

However, on July 15, 2026, the Second Circuit ruled that the U.S. Supreme Court’s 2015 opinion in EEOC v. Abercrombie & Fitch Stores, Inc. abrogated that test. 

In Bergin v. New York State Unified Court System, the Second Circuit held that, to state a prima facie case of failure to accommodate religious belief or practice under Title VII, employees must now demonstrate (1) that they actually required an accommodation of their religious practice; and (2) that the employer’s desire to avoid the actually-required prospective accommodation was a motivating factor in (3) an adverse employment decision.