10-08-2025
The Department of Justice issued an advisory memorandum opinion on when the federal government may be required to provide “situational telework” as a religious accommodation for its employees.
The Religious Liberty Protections for Federal Employees in Light of Recent Legal Developments memo refers to prior guidance issued under the Clinton Administration. Under that prior guidance, federal agencies did not have to provide religious accommodations if the result was more than a “de minimis cost” to the agency, which would equal undue hardship. This prior guidance remains mostly intact. However, there are two significant changes.
First, the standard is no longer “de minimis.” The Supreme Court decided in Groff v. DeJoy that the standard must require a more substantial burden to become an undue hardship. Second, the DOJ removed the “no official endorsement of religion” requirement for agency staff, viewing it as a restriction of religious expression without a “constitutionally valid justification.”
Although federal employees are largely required to work in person, the DOJ directed federal agencies to consider situational telework as a reasonable accommodation. “Situational telework” is defined as occasional and not routine or recurring telework. Determining when situational telework is reasonable is always a “fact-specific” inquiry. Some employees may not be approved to telework because of the nature of their job duties, performance issues, or other considerations per the DOJ memo. As each decision is made, federal agencies will likely be pressured to respond to either concerns about fairness from co-workers, or discontent from the affected persons. Private employers may want to consult legal counsel about anticipated applications by the EEOC beyond federal government workplaces.