DOJ: Federal In-Office Work Directive “Does Not Preclude” Telework as a Religious Accommodation

On September 18, 2025, the U.S. Department of Justice (DOJ) issued a Memorandum Opinion stating that, “situational telework can and should be used as a form of religious accommodation,” in the federal workforce. Acknowledging President Trump’s Return to In-Person Work directive issued on January 20, 2025, the DOJ writes that the directive “does not preclude the appropriate use of situational telework” to comply with the obligation to provide religious accommodations under Title VII of the Civil Rights Act of 1964 (“Title VII”).

While the DOJ’s Memorandum Opinion specifically addresses religious accommodations in federal employment, private-sector employers should carefully consider its implications.

Religious Accommodations in the Private Sector Under Title VII

Title VII prohibits religious discrimination in employment. As part of its prohibition on religious discrimination, Title VII requires employers to “reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause a burden that is substantial in the overall context of the employer’s business, taking into account all relevant factors.”

While previous federal guidance established a “de minimis” standard for assessing undue hardship in religious accommodation cases, the U.S. Supreme Court abolished this standard in Groff v. DeJoy, 143 S. Ct. 2279 (2023), which was not specific to federal employment. The DOJ acknowledges this change in its Memorandum Opinion, stating that, “employers cannot refuse to provide a religious accommodation merely because it carries a ‘more than a de minimis cost.’”

With this in mind, private-sector employers should be prepared to assess their employees’ religious accommodation requests in alignment with the DOJ’s latest guidance and the Groff decision. Employers should:

• Apply the “substantial burden” test rather than the previous “de minimus” test when assessing the financial and other costs associated with providing religious accommodations (including approval for telework).
• Evaluate employees’ religious accommodation requests on a case-by-case basis.
• Ensure that they are carefully documenting the process for considering any request for accommodation.

If you have questions about religious accommodations, please contact any of our employment attorneys.