Christian Employers Can Now Discriminate Against Trans People

The Equal Employment Opportunity Commission (EEOC) has reached a groundbreaking settlement with the Christian Employers Alliance, a conservative Christian employer association, that could have significant implications for transgender individuals. The settlement, signed on August 18, bars the EEOC from investigating or pursuing any claims of gender identity-based discrimination against the Christian Employers Alliance, both for its existing members and any future members who join before a claim is made.

The EEOC, which investigates and can bring lawsuits on behalf of employees at no cost to plaintiffs, typically has a limited time to address discrimination claims. However, this settlement is unique in that it provides indefinite protection for the Christian Employers Alliance from any gender identity discrimination claims.

According to Karla Gilbride, a former EEOC general counsel under President Joe Biden, this settlement is unprecedented, as she has never seen an organization receive such a long-term, blanket protection. The settlement's long-term nature means that even if the current Republican chair of the EEOC, Andrea Lucas, is replaced by a Democratic chair under a future Democratic administration, the protection will still remain in place.

The Christian Employers Alliance has been actively pushing for conservative religious views in policy, and its lawsuit was represented by Alliance Defending Freedom, a conservative legal group known for its opposition to Roe v. Wade. The settlement is also aligned with the EEOC's recent shift toward policies that support the Christian right.

The Christian Employers Alliance's webpage promotes its membership as providing "protection the moment you're in," emphasizing the exclusivity of this protection for its members. Critics argue that this settlement not only shields the alliance from EEOC investigations but also creates an incentive for employers to join the alliance in order to avoid scrutiny.