The John Minor Wisdom courthouse, home of the U.S. Court of Appeals for the Fifth Circuit. Photo: Tim Roller Fifth Circuit Carves Out Religious Exemption to LGBTQ+ Discrimination Claims
Religious and faith-based employers should not take the Braidwood decision as a blanket permission to ignore the anti-discrimination laws that conflict with their religious principles.
August 10, 2023 at 01:27 PM
6 minute read
In what could be a potentially significant carve out, the U.S. Court of Appeals for the Fifth Circuit has held that a religious employer is not bound by the same anti-discrimination laws that apply to others who employ LGBTQ+ workers.
In the case titled Braidwood Mgmt., Inc. v. EEOC, which was handed down on June 20, the Fifth Circuit held that Braidwood Management Inc. ("Braidwood"), a faith-based for-profit management company, cannot be sued by the EEOC over its policy prohibiting employees from engaging in homosexual or gender non-conforming conduct.
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