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EEOC To Update Religious Bias Guidance

 

For the first time since 2008, the Equal Employment Opportunity Commission (“EEOC”) is going to provide updated guidance in regard to religious discrimination in the workplace.

The EEOC’s guidance, which is non-binding, provides employers and employees alike with a framework to follow in regard to determining if/when religious discrimination occurs in the employment context.  For years, many have called on the EEOC to update its guidance to take into account two U.S. Supreme Court decisions:  2014’s Burwell v. Hobby Lobby Stores Inc. and 2015’s EEOC v. Abercrombie & Fitch.  The Court in Burwell held that owners of “closely held” corporations, such as Hobby Lobby, can raise the Religious Freedom Restoration Act as a defense to government actions that substantially burden the free exercise of their religious beliefs.  The Court held in Abercrombie & Fitch that a job applicant need not notify a potential employer of a religious conflict that requires the accommodation in order to prove the applicant was not hired because of religion.

While the proposed guidance has not yet been released publicly, it is expected to be in the coming weeks.  With the EEOC Commissioners voting 3 - 2 in favor of the new guidance, the White House’s Office of Management & Budget will now review it.  After that occurs, the proposed guidance will then be made available for public comment before it becomes final.

Stay tuned for when the public comment period opens.


For additional information:  https://news.bloomberglaw.com/daily-labor-report/eeoc-to-update-religious-bias-guidance-with-high-court-precedent

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