Christian Employers Alliance has secured an important settlement with the U.S. Equal Employment Opportunity Commission (EEOC) in Christian Employers Alliance v. EEOC, a case CEA brought on behalf of itself and its members.

The settlement provides significant protections for qualifying CEA members against EEOC enforcement involving specified gender-identity-related employment practices. This is an important victory for Christian employers seeking to operate their businesses and organizations consistently with their sincerely held religious beliefs.

What the Settlement Protects

Under the settlement, the EEOC has agreed not to pursue charges against CEA or qualifying CEA members to the extent those charges are based on specifically defined "covered conduct." Covered conduct includes allegations that an employer:

• Declined to engage in or require employees to engage in speech relating to gender transition, gender identity, or transgender status;
• Declined to affirm or facilitate gender identity or transgender status, including declining to use pronouns inconsistent with a person's biological sex;
• Declined to make exceptions to sex-specific dress codes because of gender identity or transgender status;
• Declined to allow individuals to use private spaces reserved for the opposite sex; or
• Declined to modify workplace policies or training to comply with such requirements.

Who Is Protected?

The settlement protects qualifying CEA members, including future members who satisfy the requirements of the agreement. One of the most important requirements is timing: an organization must be a CEA member at the time of the employment conduct at issue.

To receive the protections of the settlement, a member must also:

• Be approved by CEA as meeting its membership requirements;
• Subscribe to CEA's Statement of Faith and Christian Ethical Convictions;
• Hold sincerely held beliefs consistent with those convictions;
• Have a governing structure that permits the organization to conduct its operations consistently with those beliefs; and
• Actually operate its business or organization consistently with those beliefs.

What Members Must Do if They Receive an EEOC Charge

The settlement provides substantial protection, but members must affirmatively invoke that protection when an EEOC matter arises. If a CEA member receives an EEOC charge involving covered conduct, the member should contact CEA promptly and identify itself to the EEOC as an organization protected under the settlement. The member must also provide the certifications required by the agreement.

Those certifications include statements, made under penalty of perjury, confirming that:

• The organization has sincerely held beliefs consistent with CEA's Statement of Faith and Christian Ethical Convictions;
• Its governing structure permits it to operate consistently with those beliefs;
• It actually conducts its operations consistently with those beliefs; and
• Assuming the employment actions alleged in the charge occurred, those actions would have been taken pursuant to the organization's sincerely held beliefs.

Importantly, providing these certifications does not require the member to admit that the allegations in the EEOC charge are true. The settlement expressly states that the certification is not an admission by the CEA member.

The EEOC May Still Receive a Charge

The settlement does not prevent an individual from filing an EEOC charge against a CEA member, nor does it prevent the EEOC from carrying out certain administrative responsibilities. For example, the EEOC may still accept a charge, conduct an intake interview, send the employer notice that a charge has been filed, and issue a notice of right to sue. However, once a qualifying CEA member establishes that the settlement applies, the EEOC has agreed not to pursue the covered conduct as an enforcement matter.

Timing Matters

CEA members should not assume the EEOC will automatically know that an employer is protected by the settlement. Once the EEOC receives notice that a member is invoking the settlement, the agreement provides a 30-day period during which the EEOC will take no further action concerning the covered conduct, giving the member an opportunity to provide the required attestations and certifications. That makes prompt action extremely important.

What CEA Members Should Remember

1. Maintain Active CEA Membership. The settlement protects organizations that qualify as CEA members. Joining CEA after a dispute arises does not retroactively create protection for conduct that occurred before membership.
2. Make Sure Your Organization Is Aligned With CEA's Christian Convictions. Qualifying organizations must be able to certify that they sincerely hold the relevant beliefs, that their governing structure allows them to operate according to those beliefs, and that they actually conduct their operations consistently with them.
3. Contact CEA Immediately if an EEOC Matter Arises. The protections of the settlement are not necessarily applied automatically. Early communication with CEA is critical.
4. Do Not Assume Every Employment Claim Is Covered. The settlement applies to specifically defined conduct involving gender identity, transgender status, related speech, sex-specific dress codes, private spaces, and certain policies and training.
5. Keep Documentation Current. Members should maintain appropriate records concerning their CEA membership, governing structure, policies, and adherence to CEA's Statement of Faith and Christian Ethical Convictions.

The Work Continues

The settlement resolves the portions of CEA's lawsuit addressing the specified gender-identity issues. CEA's claims concerning the Pregnant Workers Fairness Act (PWFA) are separate and were not resolved through this settlement. CEA remains committed to defending and advancing the freedoms of Christian employers through litigation, legislation, and public accountability.