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On November 17, 2020, the Equal Employment Opportunity
Commission ("EEOC") published a proposed update to its
2008 guidance on religious discrimination in the workplace. The
five member commission voted 3-2 to issue the proposed guidance
with the two democratic members objecting. The proposed guidance
can be accessed here.
Although the guidance has not been updated in 12 years, it is
likely that this proposal in the waning days of the Trump
administration, came at least in part due to recent religious
liberty cases issued by the US Supreme Court. Most recently, the