A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit grappled with how two nationwide certified classes might evade two recent U.S. Supreme Court decisions that protect LGBT employees from discrimination.
During oral argument Tuesday, the panel discussed issues in Braidwood Management Inc. v EEOC, a lawsuit from the Northern District of Texas where the lower court certified a “religious business-type employers” class and an “all opposing employers” class.
