• In Bergin v. New York State Unified Court System, the Second Circuit held that, to bring a failure to accommodate claim under Title VII of the Civil Rights Act of 1964, an employee must show that the need for a religious accommodation provided motive for an adverse employment decision.
• The court’s decision revokes the Second Circuit’s previous prima facie test for a Title VII claim of failure to accommodate religion and adopts the test set forth in the 2015 Supreme Court of the United States’s decision in EEOC v. Abercrombie & Fitch Stores, Inc.
• The Second Circuit ruling reinforces that, to establish a prima facie case of failure to provide a religious accommodation, a plaintiff must show that he or she required an accommodation of religious practice and that the employer’s desire to avoid the required accommodation was a motivating factor in an adverse employment action.

Title VII prohibits employers from firing, disciplining, or discriminating against employees because of their religious belief, practice, or observance. It requires employers to provide a reasonable religious accommodation, unless it would impose an undue hardship on the employer, meaning a substantial cost or difficulty.

Background on the Case

Jessica Bergin, a court officer for the New York Unified Court System (UCS), requested a religious exemption from UCS’s requirement to receive a COVID-19 vaccination by October 18, 2021. She submitted an initial written request in September 2021, stating her...

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