5th Circuit approves broad religious exemption to Title VII

The U.S. 5th Circuit Court of Appeals left broad, faith-based exceptions to LGBTQ+ protections codified in the Supreme Court’s 2020 Bostock v. Clayton County decision largely intact for two businesses whose owners raised the fear that the Equal Employment Opportunity Commission (EEOC) would enforce the protections against them.

Employers sue before agency action

Braidwood Management, Inc., and Bear Creek Bible Church sued the EEOC alleging Title VII of the Civil Rights Act of 1964 as interpreted in Bostock and subsequent guidance violated their religious liberty by preventing them from following their interpretation of Christian teachings on homosexuality.

The federal district court in Texas granted summary judgment (dismissal without a trial) to the employers, saying their religious objections to dress codes, bathroom policies, and hiring of LGBTQ+ workers were protected by the First Amendment and the Religious Freedom Restoration Act (RFRA). The court also held churches and other nonprofits can avoid liability under Title VII’s religious exemption.

Employers have standing, but no class