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Christian Employers Can Now Discriminate Against Trans People

A settlement with the Christian Employers Alliance blocks the EEOC from ever investigating the group’s members for gender identity discrimination.

The Equal Employment Opportunity Commission, the federal agency tasked with protecting workers from illegal discrimination, inked an unprecedented settlement with a conservative Christian employer association that could have long-term, wide-ranging consequences.

The lawsuit that led to the settlement was in reaction to EEOC guidance issued under the Biden administration and after a 2020 Supreme Court ruling that Title VII protects against gender identity discrimination.

In the settlement, reached on August 18, the EEOC pledged to not pursue any claims of gender identity-based discrimination against the Christian Employers Alliance — and made the pledge in perpetuity.

The EEOC provides free investigation into complaints of discrimination and, in some cases, will bring lawsuits on behalf of employees at no cost to the plaintiffs.

Now, however, anyone who works for a company with membership in the Christian Employers Alliance who believes they suffered gender identity-based discrimination won’t be able to avail themselves of the EEOC’s process.

The settlement also contains an unusual provision: It applies not just to the more than 20,000 employers that are already members in the Christian Employers Alliance, but also to any future members, so long as they are members at the time that any claimed discrimination occurred.

That means that any employer that decides to sign up for Christian Employers Alliance membership will get the benefit of blanket protection from the EEOC against all claims of gender identity discrimination, such as harassing someone for being nonbinary or firing them for coming out as trans.

“I am not aware of any settlement that just creates in perpetuity a freedom from investigation.”

“I am not aware of any settlement that just creates in perpetuity a freedom from investigation.”

“I am not aware of any settlement that just creates in perpetuity a freedom from investigation,” said Karla Gilbride, a former EEOC general counsel under President Joe Biden who is now at the American Civil Liberties Union. “I’ve never seen an organization get a settlement that allows protection to future members in this way.”

The settlement will stay in place even if Andrea Lucas, the current Republican chair of the EEOC, is replaced with a Democratic chair under a future Democratic president. (The Christian Employers Alliance declined to comment, and the EEOC did not respond to an inquiry.)

The CEA notes the blanket protection on its webpage for signing up new members.

“Join CEA and stop being exposed,” the site says, under a banner that reads “Protected the Moment You’re In.”

“It’s like they’re selling an insurance policy against EEOC investigations,” said Gilbride. “I’m concerned about the........

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