Comment:  Numerous commenters expressed concerns that the Commission’s citation to laws enforced by the U.S. Department of Health and Human Services regarding rights of those with objections to participating in certain health care duties could be misleading with respect to the requirements under either those laws or Title VII.

Response:  The final guidance includes a clear statement that the Commission is referencing these laws for informational purposes and is not opining on any of their requirements or whether they would require additional burdens on employers beyond Title VII’s analysis for reasonable accommodation.

Comment:  Commenters offered a range of perspectives on the Supreme Court’s 1977 holding that the Title VII undue hardship defense permits an employer to deny any religious accommodation that would impose more than a de minimis burden on the operation of the employer’s business.  Some commenters believed the Commission’s inclusion of a citation to Justice Alito’s concurring opinion in the denial of certiorari in Patterson v. Walgreen Co., 140 S. Ct. 685 (2020), expressing that the Court should reconsider this definition, was potentially confusing or misleading.

Response:  The final guidance deletes this citation to ensure clarity regarding the current legal standard.