Divided EEOC Finalizes Updated Guidance On Religious Discrimination Under Title VII

A divided Equal Employment Opportunity Commission (EEOC) finalized its updated guidance on religious discrimination in the workplace under Title VII of the Civil Rights Act of 1964. On January 15, 2021, the EEOC voted 3-2 to approve the updated guidance to its Compliance Manual on Religious Discrimination. The update modifies the prior guidance issued on July 22, 2008. While EEOC guidance documents do not have the force of law and do not create any binding obligations on the public, they offer helpful insight on the EEOC's interpretation of existing laws.

In a statement announcing the approval of the updated guidance, the EEOC noted that the 2008 version “[did] not reflect recent legal developments and emerging issues” or the “altered legal landscape” created by U.S. Supreme Court decisions over the last several years. The updated guidance addresses important changes on topics such as religious harassment, workplace accommodation of religious beliefs and practices,