The Groff Decision: Raising the Standard for Religious Accommodations

In June 2023, the U.S. Supreme Court issued its decision in Groff, which altered the standard for religious accommodations under Title VII of the Civil Rights Act of 1964 by raising the threshold for what constitutes an “undue hardship.” Specifically, the Court held that employers must accommodate an employee’s religious practice unless doing so would result in “substantial increased costs in relation to the conduct of [the employer’s] business.” This replaced the previous “de minimis” standard, which permitted employers to deny accommodations if they resulted in anything more than a minimal cost or operational burden.

Executive Order 14202, “Eradicating Anti-Christian Bias”

Executive Order 14202, issued Feb. 6, 2025, and entitled “Eradicating Anti-Christian Bias,” focuses on protecting Christian employees from discrimination and bias, hostility, violence, and vandalism, citing claims that Christians had been targeted. The Executive Order established a task force with a mandate that includes reviewing the activities of all executive departments and agencies, including the EEOC; identifying any alleged unlawful anti-Christian policies, practices, or conduct; and recommending appropriate remedial measures.

The EEOC’s “200 Days of Action” in 2025

On Aug. 22, 2025, the EEOC released a press statement summarizing its “200 Days of Action” campaign. This campaign marked a period of enforcement of alleged religious discrimination and harassment violations, including:

  • Recovery of over $55 million for employees affected by vaccine mandates and employer conciliations that included employer commitments to offer reinstatement to employees who had been terminated for refusing to comply with such mandates.
  • A $21 million class settlement with Columbia University for allegedly engaging in harassment based on national origin, religion, and/or race – including antisemitism. The settlement established a dedicated claims process to compensate affected faculty, staff, and student employees who, following the Oct. 7, 2023, attack on Israel, believe they were subjected to the alleged harassment because of their Jewish faith, Jewish ancestry, and/or Israeli national origin, or who opposed or reported the harassment. This represented the largest reported EEOC employment discrimination resolution in nearly 20 years, according to the EEOC press statement.
  • EEOC-led lawsuits for failure to make religious accommodations relating to requested schedule changes and uniform modifications.

Takeaways for Employers

Employers must apply their policies and practices consistently across all faiths and engage in a timely, good-faith interactive process with employees requesting accommodations. Employers may wish to consult with experienced legal counsel when questions arise regarding requests for religious accommodations.

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Photo of Ellen M. Bandel Ellen M. Bandel

Ellen M. Bandel is a trusted advisor and experienced attorney in the Labor and Employment practice, counseling both unionized and nonunion employers on all aspects of employment law. She provides strategic and compliance-focused guidance on workplace matters including recruitment, employee performance and discipline…

Ellen M. Bandel is a trusted advisor and experienced attorney in the Labor and Employment practice, counseling both unionized and nonunion employers on all aspects of employment law. She provides strategic and compliance-focused guidance on workplace matters including recruitment, employee performance and discipline, workforce reductions, leaves of absence, wage and hour compliance, disability accommodations, and risk mitigation for terminations. Ellen is a go-to resource for drafting and implementing employee handbooks, personnel policies, employment agreements, non-competes, and severance agreements, and regularly conducts workplace audits, investigations, and training to ensure discrimination and harassment-free environments. Her experience spans the full employment life cycle and covers a range of industries and geographies, with particular depth in California law and “trending” state and local legislation, such as paid sick leave, paid family and medical leaves, pay transparency, pre-employment restrictions, and workplace violence prevention mandates.

Ellen is also frequently engaged to support employment-related issues in mergers and acquisitions, including post-merger employee integration.

Ellen is recognized for her practical, tailored approaches to complex employment issues and her ability to work closely with business and HR leaders to develop actionable strategies that fit each client’s unique needs and culture.

She is also a co-author of PLI’s California Employment Law treatise and a panelist at PLI’s annual Cutting-Edge Employment Law Issues conference, reflecting her thought leadership in the field.

Photo of Ashley Attia Ashley Attia

Ashley Attia is part of the Labor & Employment Practice Group in Greenberg Traurig’s Orange County office. Ashley counsels businesses of all sizes on a day-to-day basis, offering preventative advice on employment law issues such as discrimination, harassment, retaliation, wrongful termination, leaves of…

Ashley Attia is part of the Labor & Employment Practice Group in Greenberg Traurig’s Orange County office. Ashley counsels businesses of all sizes on a day-to-day basis, offering preventative advice on employment law issues such as discrimination, harassment, retaliation, wrongful termination, leaves of absence, accommodations, hirings, terminations, and wage and hour compliance. Ashley also collaborates with her clients to thoughtfully draft policies consistent with their objectives.