Religious Freedom Restoration Acts and Government Employees

KEYWORDS: Constitutional law, First Amendment, Free Exercise, RFRA, religious exemptions, religion, Religious Freedom, employment law, religious accommodation in employment

SUBMITTED BY: Eugene Volokh, Professor of Law, UCLA School of Law, 07/12/2006 says: Give credit where credit is due! If you write on this topic, please thank the submitter and in your author's note and send a reprint to the submitter when it's published (which will be helpful both to them and to you). Please do not contact to submitter.

How do the various federal and state Religious Freedom Restoration Acts affect the government acting as employer? Do they -- as their text seems to suggest -- obligate the government to make special accommodations for religious employees, beyond those required by Title VII? What would be the exact boundaries of this new accommodation requirement?

Many examples are given in the Cardozo article.

This question is discussed -- but definitely not answered -- in Part III.A of Volokh, "Intermediate Questions of Religious Exemptions -- A Research Agenda with Test Suites," 21 Cardozo L. Rev. 595, 635-652 (1999), .

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