Guidance on Protecting Religious Expression in the Federal Workplace

On Monday, the Office of Personnel Management (OPM) issued a memo emphasizing the importance of safeguarding religious expression among federal employees. OPM Director Scott Kupor addressed heads of governmental agencies in his message titled “Protecting Religious Expression in the Federal Workplace,” stating that the federal workforce should be a welcoming environment for those practicing religious beliefs.

The memo highlighted that allowing religious discrimination is unlawful and can negatively impact the recruitment and retention of talented employees. It reinforced that the First Amendment of the US Constitution robustly protects the religious expression of all Americans, including those working for the federal government.

According to Kupor, the memo offers guidance for agencies to adequately protect and enforce the rights of federal employees to express their faith in the workplace, in line with the Constitution and other legal sources. Institutions should permit personal religious expression as much as possible, provided it does not hamper business operations, and should consider revising internal policies if necessary to ensure adequate protection of these rights.

Kupor provided examples of acceptable religious expressions for federal employees, which include biblical displays, crosses, mezuza, and religious artwork in their workspaces. He also noted that while there might be restrictions on certain posters, religious imagery like crosses or biblical quotes should not face more scrutiny than other types of messages.

Employees are also allowed to wear religious symbols and clothing that convey religious messages, according to the guidance. Moreover, the memo explained how these employees could engage in discussions around faith. For instance, during breaks, an employee might share their beliefs while respecting others’ right to decline similar conversations.

Also mentioned were scenarios where federal workers could invite others to join in worship, regardless of differing faiths, such as posting invitations on personal message boards for community events like Easter services.

The memo made clear that federal workers can also pray with the public, such as tour guides leading prayer in national parks or doctors at Veterans Affairs hospitals praying for patient recoveries. Kupor emphasized that any regulations put in place by agencies should not discriminate based on content or religious perspective, provided they maintain reasonable controls on speech time, place, and method.

An additional note included in the memo, dated July 16, reminded agencies that telework could be used to facilitate religious accommodations for federal employees observing religious practices, like fasting or specific holidays. It also addressed potential scheduling changes to accommodate significant religious events.

This memo aligns with an executive order from President Trump aimed at addressing anti-Christian bias and establishing a “Religious Freedom Committee.” The order also created a dedicated office in the White House to further these efforts.