The Second Circuit now centers Title VII religious accommodation cases on the employer’s motive rather than whether the employer knew about the need for accommodation.

Practically, employers should document the reason for denial with contemporaneous emails or notes that show non-discriminatory rationale, serving as best evidence of motive.

Policies should be updated to emphasize motive and align language with the revised standard.

Bergin v. New York State Unified Court System adopts a three-part test: the employee actually needs a religious accommodation, the employer’s desire to avoid providing it is a motivating factor, and an adverse employment decision occurred.

Employers must not rely on procedural or submission “technicals” to dodge liability for denying accommodations.

Informal religious accommodation requests can trigger Title VII protections, in line with Abercrombie & Fitch.

Overall, motive is the critical inquiry; plaintiffs must show the denial was driven by religion rather than other reasons.