New Federal Guidance on Religious Accommodation and Expression: What Florida Employers Should Know

Why this guidance matters

The United States Office of Personnel Management (OPM) is the federal government’s central human resources agency. It sets personnel policy, manages benefits, and oversees workforce strategy for roughly 2.2 million civilian employees across the executive branch. On July 16 and July 28, 2025, OPM released two government-wide memoranda that 1) encourage agencies to adopt a “generous” approach to granting religious accommodations and 2) affirm employees’ rights to display religious items, pray during breaks, and speak about their faith when the activity is not disruptive to business operations. Although the memoranda apply only to federal employers, they signal how the Equal Employment Opportunity Commission (EEOC) may frame future private-sector guidance.

The legal backdrop: Groff v. DeJoy

In Groff v. DeJoy, 600 U.S. 447 (2023), the U.S. Supreme Court reshaped the standard for religious accommodations under Title VII. Gerald Groff, an evangelical Christian rural carrier associate, resigned after the United States Postal Service began Sunday deliveries for Amazon packages and disciplined him for refusing Sunday shifts. Lower courts relied on the long-standing “de minimis cost” standard from Trans World Airlines, Inc. v. Hardison and ruled for USPS. The Supreme Court reversed unanimously.

The Court held that an employer may deny a religious accommodation only when it can show that granting the request would impose “substantial increased costs in relation to the conduct of its particular business.” Minor administrative burdens or coworker resentment no longer suffice. The decision also instructed lower courts to explore alternatives such as flexible scheduling or voluntary shift trades that might satisfy the employee’s religious practice without significant hardship.

Key points in the OPM memoranda

Broader accommodation options. OPM identifies flexible scheduling, teleworking, additional breaks, and varied leave mechanisms as examples of reasonable accommodations, and it requires agencies to document the entire interactive process.  

Expanded religious expression. Employees may display religious symbols, pray with coworkers on break, discuss their faith, or invite colleagues to services so long as the conduct is neither disruptive nor harassing.  

Supervisor caution. OPM applies the same expression rules to supervisors and non-supervisors, yet existing EEOC guidance warns that managerial religious speech can appear coercive and create liability for private employers.

Practical steps for Florida private employers

• Review policies. Update handbook language to incorporate the Groff standard and outline a straightforward interactive process.

• Train managers. Supervisors must understand the heightened duty to accommodate and the limits on persuasive religious speech.

• Document every request. Keep detailed records of dialogue, cost analyses, and reasons for each decision.

• Monitor federal developments. Religious-bias enforcement remains an EEOC priority, making additional private-sector guidance likely.

• Account for state law. The Florida Civil Rights Act parallels Title VII on religion, and Florida courts often follow federal precedent. A proactive approach now will place employers in a stronger position if regulators extend the OPM model to private workplaces.

Looking ahead

OPM’s memoranda do not immediately change obligations for Florida businesses. However, combined with Groff, they raise the threshold an employer must meet to deny a religious accommodation request. Updating policies and training today will reduce litigation risk and foster a workplace culture that respects sincerely held beliefs.