EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. SOUTHWESTERN BAPTIST THEOLOGICAL SEMINARY, Defendant-Appellee

CHARLES CLARK, Circuit Judge:

This case requires us to balance the interest of the federal government in enforcing Title VII against the first amendment rights of a religious institution of higher learning. The Equal Employment Opportunity Commission (EEOC) appeals the judgment of the district court denying its efforts to compel submission of the Higher Education Staff Information Report (EEO-6). Following the standards set out in E.E.O.C. v. Mississippi College, 626 F.2d 477 (5th Cir. 1980), we affirm in part, and, in part, reverse and remand. 485 F.Supp. 255.

I. FACTS

A. The Seminary

The…