DOJ says remote work may be religious accommodation

The Department of Justice (DOJ) has issued a memorandum opinion explaining how the use of remote work can be used as religious accommodation in certain situations.

The memo was issued in response to an inquiry by the Equal Employment Opportunity Commission (EEOC) asking if situational telework may be an appropriate religious accommodation for religious practice in light of President Trump’s “return to in-person work” directive for federal employees.

In response, the DOJ explained that the president’s directive does not preclude the appropriate use of remote work on a temporary basis for an “employee’s religious observance or practice.” The agency’s stance also aligns with Trump’s Executive Order (EO No. 13798) directing the Attorney General to “issue guidance interpreting religious liberty protections in Federal law” to “guide all agencies in complying with relevant Federal law.”

Circumstances that could warrant the telework include an employee’s observance of a religious holiday, such as Yom Kippur, Good Friday or Eid al-Fitr, for which an observant employee’s beliefs might require them not to work.

The DOJ’s memo notes that:

• Letting an employee work from home for a limited, specific religious need is different from allowing remote work on a permanent basis.
• Complaints of “fairness” or resentment from other employees who have returned to the workplace does not establish an “undue hardship” to warrant denying the accommodation.
• Allowing remote work in these circumstances can reduce disruption by enabling an employee to work most of the day from home and then leave for religious services, rather than taking the entire day off. Each request needs to be addressed on a case-by-case basis.
• Remote work can be denied if the duties cannot be performed offsite.

The memo provides a good explanation of employer’s responsibilities when an employee makes a request for religious accommodation, according to attorney Eric Meyer, a founding partner of Peirson Ferdinand and publisher of The Employer Handbook law blog. He states that such requests need to be taken seriously.

“The memo was written for federal agencies, but it serves as a reminder of how the law already applies,” says Meyer. “Private employers should pay attention because Title VII uses the same standards.”