On June 20, the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) delivered a blow to advocates of LGBTQ rights in the workplace when it sided with a self-described Christian business whose policies discriminated against gays. The lesson: Not all discrimination is unlawful discrimination.
Discriminatory Policies
Braidwood Management manages various health-related businesses. Its owner describes it as a “Christian business” with policies reflecting this orientation. To wit:
- Employees cannot be gay or transgender.
- Same sex marriage is forbidden.
- The dress code is sex specific. Employees assigned male at birth must wear business attire including a tie. Employees assigned female at birth must wear skirts, blouses, and shoes with heels. No cross-dressing is allowed.
