On July 23, 2026, the U.S. Department of Justice released updated religious liberty guidance, its first revision since 2017. The memorandum, issued by Acting Attorney General Todd Blanche, reflects nine years of Supreme Court decisions and directs federal agencies to comply with the Constitution, the Religious Freedom Restoration Act (RFRA), and Title VII. For Christian employers, the question is practical: what does it change?
What the guidance is, and what it is not
The memo is directed at executive departments and agencies. It covers federal programs, employment practices, contracting, rulemaking, and enforcement. It is not a new statute, and it does not by itself change what private employers are legally required to do.
It does matter, though. It shows how the federal government intends to read and enforce religious liberty protections, and law firms advising private employers have pointed out that it offers a window into regulator priorities and into the arguments employees and their attorneys may raise.
A broad view of religious exercise
The guidance describes the free exercise of religion as more than belief or worship. It includes the right to perform or abstain from certain physical acts in accordance with one’s beliefs. That framing signals that federal enforcers will view religious exercise claims broadly, including conduct in daily work life.
RFRA, Title VII, and employers
Three layers of protection are worth keeping distinct:
- The Constitution restrains government action and protects the right to believe, worship, and abstain.
- RFRA requires the federal government to avoid substantially burdening religious exercise unless it meets a demanding standard. The guidance recognizes that RFRA protects organizations, including those employing others.
- Title VII requires covered employers to reasonably accommodate employees’ religious practice absent undue hardship.
On accommodation, the guidance incorporates Groff v. DeJoy, which held that undue hardship means a burden that is substantial in the overall context of an employer’s business. Minor or temporary costs no longer settle the matter.
Religious expression in the workplace
The guidance states that speech or expression that is part of a person’s religious observance falls within Title VII. It also notes that expression outside the scope of employment can almost always be accommodated, and that expression at work may be reasonably accommodated depending on the facts.
For employers, this means conduct and anti-harassment policies deserve a fresh look. Policies that categorically ban religious expression, without an individualized assessment of undue hardship, invite challenge. Employers who want to uphold their own convictions and treat employees fairly need policies that are clear and carefully drafted.
Where this leaves Christian employers
The guidance is welcome news for employers who want to operate consistently with their faith, but it is guidance, not a shield. RFRA protection for a private employer still depends on the specific federal mandate at issue and on the court that hears the claim. Policy statements can change with administrations. Court orders are more durable.
That is why CEA pursues protection through the courts. Christian Employers Alliance has secured federal court injunctions protecting members from certain federal mandates, and membership extends that protection to employers without each one having to file its own lawsuit.
Practical steps
- Read the memo itself. The full DOJ guidance is available on the Department of Justice website.
- Review your handbook. Check conduct, harassment, and accommodation policies for blanket prohibitions on religious expression.
- Document accommodation decisions. Record how you assess requests and any claimed hardship.
- Talk with employment counsel. State law and your circumstances matter.
- Consider durable protection. Administrative guidance can be revised. Legal protection secured in court is stronger.
This article is general information, not legal advice.
Join the Alliance
If you lead a Christian-owned business and want a collective voice and legal protection that does not depend on the political calendar, learn more about membership at joinceanow.org.
Source: U.S. Department of Justice, Acting Attorney General Blanche Issues Updated Guidance to Strengthen Federal Religious Liberty Protections, July 23, 2026.