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DOJ Blesses ‘Situational Telework’ as Reasonable Religious Accommodation
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Recent Contributors to The National Law Review
Situational telework can be a reasonable religious accommodation, but it is not an automatic entitlement, the DOJ stated in a recent memorandum opinion prepared for EEOC Acting Chair Andrea Lucas.
The DOJ’s Recognition of ‘Situational Telework’ as a Religious AccommodationThe DOJ also determined that federal agencies must consider situational telework as a reasonable religious accommodation, even though President Donald Trump issued a “Return to In-Person Work” memorandum on January 20, 2025.
The DOJ defined “situational telework” as meaning occasional and not routine or recurring telework.
In affirming that federal agencies must consider situational telework as a reasonable religious accommodation, the DOJ pointed out that telework is a viable accommodation under other laws, including the Americans with Disabilities Act.
The DOJ also cited an EEOC-provided example of telework as a religious accommodation: when an employee’s work location is far from a place of religious observance and telework would reduce the time off needed for the observance.