The Department of Justice has specified factors for federal agencies to consider when deciding whether to allow federal employees to use situational telework as a religious accommodation.
In a September 18 memorandum to the Equal Employment Opportunity Commission, DOJ concluded that President Trump’s Return to In-Person Work directive does not preclude situational telework as a form of religious accommodation. That directive instructed federal agency heads to order employees back to in-person work full-time but authorized them to grant necessary exemptions. DOJ’s memorandum said occasional telework prompted by specific, discrete religious circumstances clearly qualifies as situational and is therefore not forbidden by the Return to In-Person Work Memorandum.
For employees whose duties cannot be performed remotely, DOJ advises agencies to consider alternative accommodations, such as shift-swapping.
The memorandum also addresses developments in the law regarding undue hardship. Agencies are instructed not to rely on older guidance suggesting that accommodations may be denied if they impose more than a de minimis cost.