EEOC Grants Perpetual Immunity to Christian Employers Alliance in Gender-Identity Discrimination Cases

On August 18, the Equal Employment Opportunity Commission (EEOC) entered a settlement that bars the agency from pursuing any gender-identity-based discrimination claims against the Christian Employers Alliance (CEA). The pledge applies not only to the alliance’s roughly 20,000 current member firms but also to any future members that join while a claim is alleged. The settlement contains no expiration date; the EEOC’s investigative authority over such complaints is blocked indefinitely, leaving workers to rely solely on private lawsuits.

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The agreement follows a 2020 Supreme Court decision that held Title VII covers gender-identity discrimination and subsequent EEOC guidance issued under the Biden administration. The CEA, represented in the lawsuit by the conservative legal group Alliance Defending Freedom, has long advocated for religious exemptions from federal employment rules. In early 2025, EEOC chair Andrea Lucas hired Shannon Royce—formerly CEA president—as chief of staff, deepening ties between the agency and the alliance.

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Lucas’s leadership has redirected agency resources away from gender-identity enforcement, eliminating guidance on harassment and ending EEOC-initiated lawsuits on behalf of transgender employees. The CEA declined to comment on the settlement, and the EEOC did not respond to a request for comment.

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• “It’s like they’re selling an insurance policy against EEOC investigations.” — Gilbride

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• “That categorical exclusion from investigation based on being a member of a group is unprecedented,” — Gilbride

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• “Normally a settlement happens because the parties don’t want to keep litigating,” — Gilbride

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• “I am not aware of a settlement that looks exactly like this.” — Gilbride

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