Your Religious Accommodation Rights at Work: What Changed After U.S. Supreme Court decision Groff v. DeJoy

In June 2023, the Supreme Court unanimously changed the landscape of religious accommodation law in Groff v. DeJoy. If you're a federal employee who has been denied religious accommodations—or who's afraid to ask—this decision matters.

As a practicing Muslim and former federal EEO Chief, I've seen agencies deny requests that should have been granted and employees afraid to assert their rights. The Groff decision gives employees significantly more protection.

Here's what you need to know.

What Changed: The Old Rule vs. The New Rule

The Old Standard (Pre-Groff)

For nearly 50 years, courts applied the "de minimis" standard from Trans World Airlines v. Hardison (1977). Under this rule, employers could deny religious accommodations if granting them would impose more than a minimal cost.

This was an extremely low bar. Courts regularly found that accommodations caused "undue hardship" based on:

• Minor scheduling inconveniences
• Coworker complaints
• Administrative hassle
• Minimal overtime costs

The New Standard (Post-Groff)

In Groff, the Supreme Court unanimously rejected this interpretation. The Court held that denying a religious accommodation requires showing substantial increased costs in relation to the conduct of the business.

Key points from Groff:

1. "De minimis" was never the correct standard — The Court said lower courts had misread Hardison for decades.

2. Hardship must be substantial — Not just inconvenient, annoying, or unpopular with coworkers.

3. Coworker complaints alone aren't enough — "A hardship that is attributable to employee animosity to a particular religion... is not a hardship that may be taken into account."

4. Employers must actually explore alternatives — Can't just say no without considering other options.

What This Means for Federal Employees

Federal employees are protected by Title VII (through Executive Order 11478) and have the same religious accommodation rights as private sector employees—often with additional protections.

Common Religious Accommodations That Should Be Granted:

Schedule Modifications

• Time off for Sabbath observance (Saturday or Sunday)
• Adjusted schedule for Friday Jummah prayers
• Flexible hours for daily prayer times
• Leave for religious holidays (Eid, Yom Kippur, Diwali, etc.)

Prayer Accommodations

• Short breaks for daily prayers
• A private space for prayer (doesn't need to be elaborate)
• Ability to step away for brief prayers

Dress and Grooming

• Religious head coverings (hijab, turban, kippah)
• Beards for religious reasons
• Modest dress requirements
• Religious jewelry or symbols

Exemptions from Certain Duties

• Tasks that conflict with religious beliefs
• Work on religious holy days
• Certain training requirements that conflict with beliefs

Vaccination Exemptions

• Sincerely held religious beliefs against vaccination
• (Note: Employers may offer alternatives like testing or masking)

How to Request a Religious Accommodation

Step 1: Put It in Writing

Submit a written request to your supervisor and/or HR/EEO office. Include:

• The specific accommodation you need (be clear)
• The religious basis for your request (you don't need to cite scripture, just explain your sincere belief)
• Proposed alternatives if your first choice isn't possible
• Willingness to discuss other solutions

Step 2: Engage in the Interactive Process

Your employer must engage in good-faith dialogue with you. This means:

• Discussing your needs
• Exploring possible accommodations
• Considering alternatives
• Explaining any denial in specific terms

A flat "no" without discussion is a red flag.

Step 3: Document Everything

Keep records of:

• Your written request (keep a copy)
• All communications about the request
• Any meetings (take notes, follow up in email)
• The employer's response and reasoning
• Timeline of the process

Step 4: Know Your Deadlines

Federal employees: If your accommodation is denied and you want to file an EEO complaint, you have 45 calendar days from the denial to contact an EEO counselor.

Don't wait. The clock is running.

What Your Employer CANNOT Do

Cannot Question Your Beliefs' Validity

Your employer cannot question whether your beliefs are "correct" according to your religion. They can only assess whether you sincerely hold those beliefs.

Example: An employer can't say "Most Muslims don't believe they need a beard" as a reason to deny your accommodation.

Cannot Demand Clergy Approval

You don't need a letter from an imam, priest, rabbi, or religious leader to prove your beliefs are sincere.

Cannot Treat Religions Differently

If your employer accommodates Christian employees for Sunday worship, they must give equal consideration to Muslim employees' Friday Jummah prayers or Jewish employees' Saturday Sabbath.

Cannot Claim Hardship Based on Coworker Complaints

After Groff, "Bob doesn't like that you get time off for prayers" is not a valid hardship. The hardship must relate to actual business operations.

Cannot Retaliate

If you request an accommodation or file an EEO complaint about a denial, your employer cannot retaliate against you. Retaliation is itself illegal—and often easier to prove than the underlying denial.

Was Your Accommodation Denied Before Groff?

If you requested a religious accommodation before June 2023 and were denied, the landscape has changed. Consider:

1. Requesting again

The legal standard is now more favorable. A request denied under the old "de minimis" standard might be approved under the new "substantial hardship" standard.

2. Reviewing your denial

If your employer claimed "undue hardship" based on minor inconveniences or coworker complaints, that reasoning is now legally suspect.

3. Consulting an attorney

An experienced employment attorney can help you understand your options going forward.

Special Considerations for Muslim Federal Employees

As a Muslim attorney and former federal employee, I understand the specific challenges Muslim employees face:

Daily Prayer (Salat)

Muslims perform five obligatory prayers daily at specific times. Each prayer requires time for wudu (ritual washing), the prayer itself, and brief spiritual reflection—typically 15-30 minutes total. Prayer times shift throughout the year based on the sun, so schedule flexibility is essential. Employers should provide a clean, private space for prayer.

Friday Jummah Prayer

Jummah is a mandatory weekly congregational prayer—not optional. Employees typically need 1.5-2+ hours depending on mosque distance, traffic, sermon length, and time for wudu. Common accommodations include extended lunch periods, adjusted start/end times, or a modified Friday schedule.

Ramadan Workplace Accommodations

During Ramadan, Muslims fast from dawn to sunset—no food or water. Accommodations may include:

• Adjusted schedules for Suhoor (pre-dawn meal) and Fajr prayer
• Flexibility for Iftar (breaking fast at sunset)
• Modified breaks and reduced physical demands
• Time off for Eid al-Fitr

The last ten nights of Ramadan hold special spiritual significance and may require additional flexibility for increased worship.

Hijab, Beard & Islamic Religious Dress

Religious attire and grooming—hijab, niqab, kufi, beard, modest clothing—must be accommodated. Employers cannot deny requests based on customer preference, professional appearance policies, or corporate image. If safety concerns exist, employers must explore alternatives before concluding accommodation is impossible.

Eid Holiday Time Off

Eid al-Fitr and Eid al-Adha are the two most important Islamic holidays. Employees should receive time off for prayer, family gatherings, and celebration. Treat these requests with the same respect as Christmas or other religious holidays.

The Bottom Line

Groff v. DeJoy was a significant victory for religious employees. Employers can no longer deny accommodations based on minor inconveniences or coworker preferences.

If you've been denied a religious accommodation—or you're hesitant to ask for one—know that the law is on your side. Your faith shouldn't cost you your career.

Religious Accommodation Request Checklist

Before Requesting:

• ☐ Identify the specific accommodation you need
• ☐ Understand your religious basis (sincere belief)
• ☐ Think of possible alternatives
• ☐ Know your agency's process (HR, EEO office, supervisor)

When Requesting:

• ☐ Put request in writing
• ☐ Keep a copy for yourself
• ☐ Be clear and specific
• ☐ Express willingness to discuss alternatives

After Requesting:

• ☐ Document all communications
• ☐ Follow up if you don't hear back
• ☐ Take notes on any meetings
• ☐ Note any changes in treatment (potential retaliation)

If Denied:

• ☐ Get denial in writing with specific reasons
• ☐ Federal employees: 45 days to contact EEO counselor
• ☐ Consider consulting an attorney
• ☐ Consider requesting reconsideration under Groff