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Fortune AIPublished: Oct 30, 2026, 19:01 JST

Kentucky staffer wins AI opt-out under Title VII on Sept. 25

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Kentucky staffer wins AI opt-out under Title VII on Sept. 25

3 Key Points

  1. What happened

    David Durman, a 45-year-old University of Kentucky administrator, filed a Title VII religious accommodation request in August and was granted an AI-use exemption on Sept. 25.

  2. Why it matters

    The university determined that accommodating his beliefs did not impose an undue hardship on the institution, showing that a sincerely held faith-based objection can secure a workplace AI opt-out.

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Context & Analysis

Durman's case reflects a broader tension: employers are urging staff to adopt AI, yet some workers see it as a moral issue. Shopify CEO Tobi Lütke has called AI use a baseline expectation, and Amazon urged software engineers to adopt it when useful. Meanwhile, Gallup found 52% of U.S. employees used AI at work at least a few times a year as of May 2026, up from 21% in 2023, and an American Psychological Association survey this year found 37% worried about falling behind colleagues who use AI.

Durman was inspired by Erin Maus, a software engineer and practicing Unitarian Universalist who got a religious exemption from using AI at her tech company in May. Pope Leo XIV also warned in his May encyclical that relying on AI could erode human creativity and judgment. Durman said he read parts of the encyclical but wasn't necessarily influenced by it.

Attorney Alexandria Huiskens, who works with the American Humanist Association and helped Durman, said many Humanists don't realize they can approach their employer with this kind of exemption. Whether another employee could secure a similar accommodation would depend on their beliefs and the impact on their employer, she said.

FAQ
What law did David Durman use to opt out of AI at work?
He filed an accommodation request under Title VII of the Civil Rights Act, which protects religious views including nontheistic ones.
Did the University of Kentucky have an AI directive in place?
No, the university does not yet have an AI directive; Durman said he wanted to preempt any work environment move toward an actual requirement.
Does Durman's exemption apply to other employees?
No, Durman said his exemption does not apply to other employees and he is not trying to affect other people's work.
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