Proposed New Religious Discrimination Guidance: EEOC Seeds Exceptions to Longstanding ‘More than Minimal Cost’ Defense

Foley & Lardner – In the hierarchy of employment discrimination laws, religious discrimination has traditionally been viewed as the proverbial unwanted stepchild, with pro-employer “undue hardship” exceptions to accommodation requirements that do not require much, either in terms of hardship or of being undue. Last month, however, religious discrimination came to the forefront, as on November 17, the EEOC issued a “Proposed Updated Compliance Manual on Religious Discrimination.” Per the EEOC’s notice, “The revisions to the guidance include important updates to the discussion of protections for employees from religious discrimination in the context of reasonable accommodations and harassment.