According to a recent ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals, a Christian-owned wellness center in Texas, operated by Braidwood Management, has been granted an exemption from the federal law that prohibits employers from discriminating based on sexual orientation and gender identity. The court’s unanimous three-judge panel determined that the center cannot be sued by the U.S. Equal Employment Opportunity Commission (EEOC) for its policy of terminating employees who engage in homosexual or gender non-conforming conduct. This ruling means that the wellness center is exempt from the federal law provisions in this regard.
Reuters reports:
June 20 (Reuters) – A Christian-owned wellness center is exempt from the federal law prohibiting employers from discriminating on the basis of sexual orientation and gender identity, a federal appeals court ruled Tuesday.
The unanimous three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals found that Braidwood Management, which runs an alternative health center in Texas, cannot be sued by the U.S. Equal Employment Opportunity Commission over its policy that employees who engage in homosexual or gender non-conforming conduct will be fired.
Circuit Judge Jerry Smith wrote for the majority that without the shield, the company would be forced to “comply wholeheartedly” with policy it sees as “sinful,” upholding a ruling by U.S. District Judge Reed O’Connor in Fort Worth.
However, the court reversed O’Connor’s ruling that Braidwood could bring the case as a class action on behalf of other religious businesses. That means the exemption now only applies directly to Braidwood.
Smith was joined by Circuit Judges Edith Clement and Cory Wilson. All three judges were appointed by Republican presidents.
The EEOC and a lawyer for the plaintiffs did not immediately respond to requests for comment.
Braidwood sued the EEOC after the agency updated its enforcement guidance in 2021 to reflect the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which said bias against gay and transgender workers is a form of unlawful sex discrimination under Title VII of the Civil Rights Act of 1964.
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