EEOC Signals Increased Focus on Religious Discrimination Cases
With a Republican majority restored to the Equal Employment Opportunity Commission (EEOC), employers should expect a significant uptick in religious discrimination litigation. Acting Chair Andrea Lucas has pledged to advance “broader litigation priorities” emphasizing religious liberty, marking a shift in enforcement focus under the current administration.
Key Developments:
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The EEOC filed 11 religious bias lawsuits in fiscal year 2025, the most in nearly a decade, even as overall case filings declined.
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The agency is expected to pursue systemic religious discrimination cases that could impact entire industries, including those involving:
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Social media posts and online religious expression
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Religious symbols or observances in the workplace
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Requests for schedule changes, prayer breaks, or dress accommodations
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Recent actions include lawsuits against Apple (over Sabbath observance) and The Rock Snowpark (for terminating an employee over faith-based social media posts).
Legal Backdrop:
The Supreme Court’s 2023 Groff v. DeJoy decision clarified that employers must accommodate an employee’s religious practice unless doing so would cause “substantial increased costs” or an undue hardship—raising the bar for denying such requests.
The EEOC has since emphasized that it’s the employer’s responsibility to demonstrate persuasively that an accommodation would impose a significant burden.
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Updated EEOC guidance on religious discrimination is expected soon, incorporating Groff standards.
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Employers may see greater tension between religious accommodation and LGBTQ+ protections (i.e., an employee requesting a religious accommodation to avoid providing service to an LGBTQ+ couple), as the EEOC reinterprets Title VII to balance these competing rights.
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The Agency may scrutinize diversity and inclusion programs that appear to limit or conflict with religious expression.
How to Handle Religious Accommodation Issues:
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Policy Review
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Anti-discrimination and accommodation policies should be updated regularly to ensure compliance with changing laws.
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All employment policies should be reviewed to ensure they apply equally to all faiths (and nonreligious beliefs).
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- Interactive Process
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Treat each request for religious accommodation individually.
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Engage in a documented, good-faith dialogue to identify reasonable options.
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Manager and HR Training
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Supervisors should be trained to recognize and appropriately respond to religious accommodation requests.
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Balancing Competing Rights
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Employers should be prepared and consult guidance to evaluate potential conflicts between religious beliefs and other protected classes (e.g., gender identity, sexual orientation).
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Documentation and Communication
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Keep clear records of accommodation requests and decisions.
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The EEOC’s renewed emphasis on religious discrimination—combined with the broader reach of Groff—means employers must approach religious issues with care, consistency, and documentation. Proactive compliance, thoughtful policy updates, and manager training can help minimize risk as this enforcement trend continues.
