If your organization operates in New York, Connecticut, or Vermont, a recent Second Circuit decision may significantly impact how you handle and defend religious accommodation requests.

For four decades, employees bringing Title VII religious accommodation claims in the Second Circuit followed a straightforward three-part test. In its July 15, 2026, decision, the Second Circuit in Bergin v. New York State Unified Court System abrogated this historical standard, replacing a test focused on employer knowledge with one focused on employer motivation.

After pushback from the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ), the Second Circuit filed an amended decision on September 15, 2026, further clarifying the new standard. For employers in New York, Connecticut, and Vermont, this shift could affect how religious accommodation claims are defended.

Key Takeaways

• • New standard in the Second Circuit.
    Bergin abrogates the 40-year-old Philbrook test, shifting the focus of Title VII religious accommodation claims from employer knowledge to employer motivation.

• • “We didn’t know” is no longer a complete defense.
    Employees do not need to prove the employer knew of the religious conflict—only that the employers’ desire to avoid an accommodation was a motivating factor in its adverse decision.

• • The amended decision clarifies, but questions remain.
    No heightened “animus” showing is required, but the denial must be because of religion;...

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