Federal Employees Gain Stronger Protections for Religious Expression Under July 2025 Directive
Washington, D.C. — The U.S. Office of Personnel Management (OPM) has released new guidance to ensure federal agencies protect and promote employees’ rights to religious expression in the workplace. Issued by OPM Director Scott Kupor, the memorandum reinforces the federal government’s commitment to fostering a workplace free from religious discrimination, aligning with constitutional protections and federal law.
A Commitment to Religious Liberty
Citing President Trump’s Executive Order 14202 (Feb. 6, 2025), which aims to eradicate anti-Christian bias, and Executive Order 14291 (May 1, 2025), establishing the Religious Liberty Commission, the guidance underscores the administration’s dedication to upholding “America’s unique and beautiful tradition of religious liberty.” OPM emphasizes that allowing religious discrimination not only violates federal law but also jeopardizes the recruitment and retention of highly qualified employees of faith.
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The First Amendment and federal statutes, including Title VII of the Civil Rights Act of 1964, protect federal employees’ rights to express their religious beliefs. The U.S. Supreme Court’s 2022 ruling in Kennedy v. Bremerton School District affirmed that the Free Exercise Clause safeguards not only private beliefs but also the ability to live out one’s faith in daily life. The guidance builds on this legal foundation, ensuring federal employees can express their faith without fear of retaliation or discrimination.
Key Provisions for Religious Expression
The OPM guidance, which complements the agency’s July 16, 2025, memo on reasonable religious accommodations, outlines broad protections for religious expression in the federal workplace. Agencies are directed to allow personal religious expression to the greatest extent possible, unless it imposes an undue hardship on business operations, as clarified by the Supreme Court’s 2023 Groff v. DeJoy decision. Key provisions include:
- 1) Display of Religious Items: Employees may display and use religious items, such as Bibles, crosses, crucifixes, mezuzahs, religious artwork, or jewelry, at their desks, on their person, or in assigned workspaces.
- 2) Group and Individual Expressions: Employees can engage in individual or communal religious activities, such as prayer, during non-duty time, either alone or with colleagues, without restriction based on hypothetical concerns.
- 3) Religious Conversations: Employees may discuss religious topics or encourage coworkers to participate in religious activities, provided such efforts are not harassing. Supervisors have the same rights as non-supervisory employees, and unwillingness to engage in such conversations cannot be a basis for discipline.
- 4) Public-Facing Expressions: Employees retain their rights to personal religious expression, even in public-facing roles or areas, as long as statements are not made in an official capacity. However, expressions made pursuant to official duties are subject to employer discipline.
- 5) Consistency Across Spaces: Employees’ rights to religious expression are not diminished in public-facing areas compared to private workspaces.
Title VII defines “religion” broadly to include all aspects of observance, practice, and belief, but excludes social, political, or economic philosophies and personal preferences. Agencies may regulate the time, place, and manner of employee speech but must not discriminate based on content or viewpoint, including religious perspectives.
Agency Responsibilities
OPM urges agencies to review and, if necessary, revise their personnel policies to align with this guidance and ensure compliance with constitutional and statutory protections. The guidance emphasizes that Title VII requires agencies to go beyond neutrality, offering “favored treatment” to religious practices to ensure full workforce participation.
Agencies are reminded that coworker discomfort with religious expression does not constitute an undue hardship under the Groff standard. Any restrictions on religious expression must be justified by significant operational impacts.
This guidance aims to create a welcoming environment for federal employees of faith, reinforcing that religious discrimination is both unlawful and detrimental to workforce diversity and morale.
