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NEW ORLEANS, Louisiana: A US federal appeals court has ruled that a Christian-owned wellness center, Braidwood Management, is exempt from a federal law prohibiting employers from discriminating against employees based on sexual orientation and gender identity.
The unanimous three-judge panel of the New Orleans-based 5th US Circuit Court of Appeals found that the center cannot be sued by the US Equal Employment Opportunity Commission over its policy of firing gay and gender non-conforming employees.
According to Circuit Judge Jerry Smith, who wrote for the majority, the company would be forced to “comply wholeheartedly” with policy it sees as “sinful,” upholding a ruling by US 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, meaning the exemption now only applies to Braidwood.
In 2021, the EEOC updated its enforcement guidance to reflect the US Supreme Court’s ruling in Bostock v. Clayton County, which stipulates that bias against gay and transgender workers is a form of unlawful sex discrimination under Title VII of the Civil Rights Act of 1964.
The company, which said it was run according to Christian beliefs, including opposition to homosexuality and upholding specific gender roles, sought a court order shielding it from EEOC enforcement under the Religious Freedom Restoration Act, a 1993 federal law limiting government agencies’ ability to burden religious freedoms.
Meanwhile, Braidwood is separately suing the Biden administration over a requirement in the Affordable Care Act’s health insurance requirements, including those funded by employers, covering preventive care services, including HIV-preventing drugs.
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