Office of Personnel Management offers new religious inclusion guidance for federal agencies

The Office of Personnel Management (OPM) issued new religious inclusion guidance for federal agencies this week as the Trump administration continues what many see as a pro-religion agenda.

The guidance encourages federal agencies to be more welcoming to employees engaging in religious expression and reminds employers that religious discrimination is illegal under the First Amendment. Employees may “live out their faiths in daily life,” which includes the workplace.

The OPM reminded government agencies that they cannot “discipline or discharge employees for their religious observance and practice,” and provided several examples of acceptable religious conduct at work, including displays of religious items (like a bible or jewelry).

The guidance also indicated that employees should be permitted to gather in groups during off-duty time to express their religion. Employees are also allowed to attempt to “persuade others” of their religious views, provided that such efforts are not harassing in nature, and encourage colleagues to express their faith.

Most of the guidance appears to simply remind agencies of the existing laws, and comes just two weeks after the OPM issued a memorandum encouraging federal agencies to provide flexible work schedules and remote work as reasonable accommodation for religion when appropriate.

The directives came during the same month as a Senate Judiciary Committee meeting on DEI, which the administration has vowed to end. However, religious inclusion is often considered part of DEI, as one lawyer noted to HR Brew.

“The memo seeks to ensure that the federal workforce is a ‘welcoming place’ for people of faith (which means inclusion), and also expresses concern about ‘recruitment and retention’ of people of faith—core concerns of the field of DEI,” David Glasgow, executive director of the Meltzer Center of Diversity, Inclusion and Belonging at NYU School of Law told HR Brew via email. He added that the guidance largely focused on Christian symbols of faith, with only small references to Judaism, but omitted any inclusion of other religions.

“I think this memo is yet another example of how DEI opponents are often not against DEI per se, but rather are just fighting over which groups deserve the solicitude of DEI,” Glasgow said.

“Opponents of DEI are often perfectly comfortable with actions aimed at giving a boost to Christians, conservatives, Americans (versus immigrants), and so on. They just don’t like programs that give a boost to groups they disfavor, like people of color or LGBTQ+ individuals.”