Topline
Federal workers will be allowed to discuss and promote their religion in the workplace as well as challenge the “correctness” of religious views held by other employees, according to an Office of Personnel Management memo released Monday, the latest effort by the Trump administration to expand religion’s role in the federal workforce.
An administration memo said the federal workforce should be a “welcoming place” for employees of ... More
In guidance sent Monday to leadership of federal agencies, OPM Director Scott Kupor outlined protected activities by federal employees and argued “allowing religious discrimination in the federal workplace violates the law” and “threatens to adversely impact recruitment and retention of highly qualified employees of faith.”
Protected activities include engaging in conversations regarding “religious topics” with other employees, “including attempting to persuade others of the correctness of their own religious views” as long as those efforts are not harassment, Kupor wrote.
Federal employees may “encourage” coworkers to "participate in expressions of faith,” like prayer, Kupor said, to the extent they would already be allowed to encourage coworkers to engage in “other personal activities.”
Employees will also not be restricted in their expressions of faith when interacting with the public, according to Kupor, who noted federal agencies may “reasonably regulate” employee speech as long as they do not discriminate based on “content or viewpoint (including religious viewpoints).”
Whether Kupor’s memo—which is not legally binding—will be challenged in court. Kupor cites Title VII of the Civil Rights Act of 1965, which prohibits workplace discrimination based on a person’s religion or religious practices, and argued the law allows federal employees to promote their religion, display religious icons and organize prayer groups during non-work hours.
Some administrations have promoted religious discussion in the federal workforce: In 1997, the Clinton administration advised federal agencies not to suppress employees’ “private religious speech” in the workplace. The OPM released guidance under then-President George W. Bush in 2003 affirming employees can engage in private religious expression, including wearing religious symbols.
The OPM released guidance earlier this month indicating federal workers could be allowed to work from home or adjust their work hours to accommodate prayers, fasting or religious holidays.
President Donald Trump in February issued an executive order aimed at protecting religious freedom among Americans and ending “anti-Christian bias.” His order established the White House Faith Office to support faith-based groups’ efforts to “better serve families and communities,” and in May, an executive order established a commission of religious liberty. The commission will be used to “vigorously enforce the historic and robust protections” for religious freedom, the Trump administration said, noting it would “investigate and recommend policies” to do so. Trump’s order establishing the commission does not explicitly mention Christianity, though a fact sheet claims it would probe “emerging threats” to religious liberty, including the DOJ’s alleged targeting of “peaceful Christians while ignoring violent, anti-Christian offenses” during the Biden administration.
In a letter to Attorney General Pam Bondi in April, Reps. Jared Huffman, D-Calif., and Jamie Raskin, D-Md., criticized Trump’s executive order establishing the White House Faith Office and claimed the task force would threaten religious freedom, suppress free speech and promote discrimination “under the guise of defending religious liberty.” The lawmakers argued the Trump administration is “not the guardian of Christianity; it is and must always be the neutral guarantor of religious liberty for all.”