Bear Creek Bible Church & Braidwood Management v. Equal Employment Opportunity Commission, Civil Action No. 4:18-cv-00824-O (U.S.D.C. N.D. Texas) (October 21, 2021), is an important case dealing with exemptions for religious institutions from the prohibition under Title VII of the Civil Rights Act of 1964 of sexual discrimination against the LGBTQ and transgender communities.
For many years it was debated whether Title VII’s prohibition of sex discrimination in employment applied to homosexuality and transgender status. That debate ended with Bostock v. Clayton County, 140 S.Ct. 1731 (2020), in which the U.S. Supreme Court resolved that issue in the affirmative. Bostock, however, explicitly left for another day several issues. Bear Creek resolves many of those issues. Although those issues are important, Bear Creek likely will have importance only to a narrow field of employers.
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