Customer Non-Discrimination Act

Summary: Customer Non-Discrimination Act This bill amends the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation in places of public accommodation. It defines:   "sex" to include a sex stereotype, sexual orientation or gender identity, and pregnancy, childbirth, or a related medical condition;  "sexual orientation" as homosexuality, heterosexuality, or bisexuality; and  "gender identity" as gender-related identity, appearance, mannerisms, or characteristics, regardless of the individual's designated sex at birth.  The bill expands the categories of public accommodations to include places or establishments that provide:   exhibitions, recreation, exercise, amusement, gatherings, or displays;  goods, services, or programs, including a store, a shopping center, an online retailer or service provider, a salon, a bank, a gas station, a food bank, a service or care center, a shelter, a travel agency, a funeral parlor, or a health care, accounting, or legal service; or  transportation services.  "Establishment" shall not be construed to be limited to a physical facility or place. Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin must include protections against discrimination based on: (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections.  The bill prohibits denial of an individual's access to a shared facility (including a restroom, a locker room, and a dressing room) that is in accordance with the individual's gender identity.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Customer Non-Discrimination Act''.

SEC. 2. PUBLIC ACCOMMODATIONS.

    (a) Prohibition on Discrimination or Segregation in Public 
Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 
2000a) is amended--
            (1) in subsection (a), by inserting ``sex, sexual 
        orientation, gender identity,'' before ``or national origin''; 
        and
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``stadium'' and 
                all that follows and inserting ``stadium or other place 
                of or establishment that provides exhibition, 
                entertainment, recreation, exercise, amusement, 
                gathering, or display;'';
                    (B) by redesignating paragraph (4) as paragraph 
                (6); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) any establishment that provides a good, service, or 
        program, including a store, shopping center, online retailer or 
        service provider, salon, bank, gas station, food bank, service 
        or care center, shelter, travel agency, or funeral parlor, or 
        establishment that provides health care, accounting, or legal 
        services;
            ``(5) any train service, bus service, car service, taxi 
        service, airline service, station, depot, or other place of or 
        establishment that provides transportation service; and''.
    (b) Prohibition on Discrimination or Segregation Under Law.--
Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting 
``sex, sexual orientation, gender identity,'' before ``or national 
origin''.
    (c) Definitions and Rules of Construction.--Title II of such Act 
(42 U.S.C. 2000a et seq.) is amended by adding at the end the 
following:

``SEC. 208. DEFINITIONS AND RULES.

    ``(a) Definitions.--
            ``(1) Race; color; religion; sex; sexual orientation; 
        gender identity; national origin.--The term `race', `color', 
        `religion', `sex', `sexual orientation', `gender identity', or 
        `national origin', used with respect to an individual, 
        includes--
                    ``(A) the race, color, religion, sex, sexual 
                orientation, gender identity, or national origin, 
                respectively, of another person with whom the 
                individual is associated or has been associated; and
                    ``(B) a perception or belief, even if inaccurate, 
                concerning the race, color, religion, sex, sexual 
                orientation, gender identity, or national origin, 
                respectively, of the individual.
            ``(2) Gender identity.--The term `gender identity' means 
        the gender-related identity, appearance, mannerisms, or other 
        gender-related characteristics of an individual, regardless of 
        the individual's designated sex at birth.
            ``(3) Including.--The term `including' means including, but 
        not limited to, consistent with the term's standard meaning in 
        Federal law.
            ``(4) Sex.--The term `sex' includes--
                    ``(A) a sex stereotype;
                    ``(B) pregnancy, childbirth, or a related medical 
                condition; and
                    ``(C) sexual orientation or gender identity.
            ``(5) Sexual orientation.--The term `sexual orientation' 
        means homosexuality, heterosexuality, or bisexuality.
    ``(b) Rules.--In this title--
            ``(1) (with respect to sex) pregnancy, childbirth, or a 
        related medical condition shall not receive less favorable 
        treatment than other physical conditions; and
            ``(2) (with respect to gender identity) an individual shall 
        not be denied access to a shared facility, including a 
        restroom, a locker room, and a dressing room, that is in 
        accordance with the individual's gender identity.

``SEC. 209. RULES OF CONSTRUCTION.

    ``(a) Claims and Remedies Not Precluded.--Nothing in this title 
shall be construed to limit the claims or remedies available to any 
individual for an unlawful practice on the basis of race, color, 
religion, sex, sexual orientation, gender identity, or national origin 
including claims brought pursuant to section 1979 or 1980 of the 
Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including the 
Federal law amended by the Customer Non-Discrimination Act, regulation, 
or policy.
    ``(b) No Negative Inference.--Nothing in this title shall be 
construed to support any inference that any Federal law prohibiting a 
practice on the basis of sex does not prohibit discrimination on the 
basis of pregnancy, childbirth, or a related medical condition, sexual 
orientation, gender identity, or a sex stereotype.
    ``(c) Scope of an Establishment.--A reference in this title to an 
establishment--
            ``(1) shall be construed to include an individual whose 
        operations affect commerce and who is a provider of a good, 
        service, or program; and
            ``(2) shall not be construed to be limited to a physical 
        facility or place.

``SEC. 210. CLAIMS.

    ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb 
et seq.) shall not provide a claim concerning, or a defense to a claim 
under this title or provide a basis for challenging the application or 
enforcement of this title.''.