Filed Date: Jan. 15, 2025
Case Ongoing
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This case is about two actions by the United States Equal Employment Opportunity Commission (EEOC) regarding gender identity and accommodations for abortion in the workplace. First, the EEOC published requirements and guidance on gender identity discrimination in the workplace. Specifically, the EEOC stated that discrimination based on gender identity constituted sex discrimination in violation of Title VII, and indicated that actions by an employer like misgendering, deadnaming, and unequal bathroom access all amounted to sex-based discrimination. The EEOC also brought enforcement actions against employers who did not comply, including EEOC v. Harmony Hospitality, EEOC v. Starboard Group, EEOC v. Lush Handmade Cosmetics, EEOC v. Boxwood Hotels, EEOC v. Sis-Bro Inc., and EEOC v. Reggio's Pizza. Second, the EEOC promulgated a rule which required employers to provide reasonable accommodations to employees with a physical or mental condition related to abortion.
On January 15, 2025, the Christian Employers Alliance (CEA) brought this lawsuit against the EEOC in the United States District Court for the District of North Dakota. Represented by Alliance Defending Freedom, CEA sought declaratory and injunctive relief, along with attorney’s fees. They claimed that the EEOC’s actions regarding gender identity and its rule regarding accommodations for abortion violated the Administrative Procedure Act (5 U.S.C. § 706(2)(A)-(D)), the separation of powers, the Religious Freedom Restoration Act (42 U.S.C. § 2000bb-1), and both the Free Exercise Clause and Free Speech Clause of the First Amendment. The case was assigned to Judge Daniel L. Hovland.
After President Trump was inaugurated to his second term, on Jan. 20, 2025, he issued several Executive Orders that declared the Administration's view regarding gender identity (EO 14201, Keeping Men out of Women's Sports; EO 14187, Protecting Children from Chemical and Surgical Mutilation, and EO 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government). The EEOC issued a press release on "Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace" and moved to dismiss its cases, referenced above, that charged transgender discrimination as a type of sex discrimination.
On May 23, 2025, CEA filed a motion for partial summary judgment. CEA argued that the EEOC's rule regarding accommodations for abortion is contrary to law under the APA because it "requires employers to facilitate an employee's abortion and interferences with employers' freedom to speak against abortion or enforce their inconsistent policies." It asked the court to declare the rule contrary to law and vacate it, or enjoin the EEOC from enforcing it against CEA's members. CEA requested oral argument on this motion.
The EEOC filed its Answer on June 3, 2025.
Plaintiff’s partial summary judgment motion is pending in the court. Briefing is set to conclude in late October, and a scheduling conference is scheduled for October 31, 2025.
Summary Authors
Connor Mulvena (2/18/2025)
Nicole Brigstock (9/28/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69556292/parties/christian-employers-alliance-v-united-states-equal-employment-opportunity/
Hovland, Daniel L. (North Dakota)
Blake, Julie Marie (North Dakota)
Bowman, Matthew S. (North Dakota)
Fuchs, Yuri (North Dakota)
Ortolano, Karima (North Dakota)
See docket on RECAP: https://www.courtlistener.com/docket/69556292/christian-employers-alliance-v-united-states-equal-employment-opportunity/
Last updated Oct. 2, 2025, 12:08 a.m.
State / Territory: North Dakota
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations Involving the Government
Trump Administration 2.0: Reversing Course on Existing Litigation
Key Dates
Filing Date: Jan. 15, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Christian Employers Alliance is an organization which represents Christian-owned businesses.
Plaintiff Type(s):
Non-profit religious organization
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
United States Equal Employment Opportunity Commission (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Discrimination Area:
Harassment / Hostile Work Environment
Discrimination Basis:
Affected Religion(s):
Affected Sex/Gender(s):
LGBTQ+:
Reproductive rights: