II 

116TH CONGRESS 

1ST SESSION S. 788 

To prohibit discrimination on the basis of sex, gender identity, and sexual 

orientation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 13, 2019 

Mr. MERKLEY (for himself, Ms. COLLINS, Ms. BALDWIN, Mr. BOOKER, Mr. 

MARKEY, Mr. JONES, Mr. WHITEHOUSE, Mr. BLUMENTHAL, Mr. LEAHY, 

Ms. HARRIS, Ms. CANTWELL, Mr. VAN HOLLEN, Ms. STABENOW, Mrs. 

MURRAY, Ms. WARREN, Mr. WYDEN, Ms. CORTEZ MASTO, Ms. KLOBUCHAR, Mr. CARDIN, Ms. ROSEN, Mr. CASEY, Mr. SANDERS, Mr. 

PETERS, Mr. BROWN, Mr. MENENDEZ, Ms. SMITH, Mr. REED, Mrs. 

SHAHEEN, Mr. COONS, Mr. KAINE, Mr. HEINRICH, Ms. HASSAN, Mr. 

BENNET, Mr. MURPHY, Mr. CARPER, Mr. UDALL, Mr. TESTER, Mr. 

DURBIN, Mrs. FEINSTEIN, Mrs. GILLIBRAND, Mr. SCHATZ, Ms. 

DUCKWORTH, Mr. KING, Mr. WARNER, Ms. HIRONO, Mr. SCHUMER, and 

Ms. SINEMA) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To prohibit discrimination on the basis of sex, gender 

identity, and sexual orientation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equality Act’’. 


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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Discrimination can occur on the basis of the 

4 sex, sexual orientation, gender identity, or preg5 nancy, childbirth, or a related medical condition of 

6 an individual, as well as because of sex-based stereo7 types. Each of these factors alone can serve as the 

8 basis for discrimination, and each is a form of sex 

9 discrimination. 

10 (2) A single instance of discrimination may 

11 have more than one basis. For example, discrimina12 tion against a married same-sex couple could be 

13 based on the sex stereotype that marriage should 

14 only be between heterosexual couples, the sexual ori15 entation of the two individuals in the couple, or 

16 both. Discrimination against a pregnant lesbian 

17 could be based on her sex, her sexual orientation, 

18 her pregnancy, or on the basis of multiple factors. 

19 (3) Lesbian, gay, bisexual, transgender, and 

20 queer (referred to as ‘‘LGBTQ’’) people commonly 

21 experience discrimination in securing access to pub22 lic accommodations—including restaurants, senior 

23 centers, stores, places of or establishments that pro24 vide entertainment, health care facilities, shelters, 

25 government offices, youth service providers including 

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1 tation. Forms of discrimination include the exclusion 

2 and denial of entry, unequal or unfair treatment, 

3 harassment, and violence. This discrimination pre4 vents the full participation of LGBTQ people in so5 ciety and disrupts the free flow of commerce. 

6 (4) Women also have faced discrimination in 

7 many establishments such as stores and restaurants, 

8 and places or establishments that provide other 

9 goods or services, such as entertainment or transpor10 tation, including sexual harassment, differential pric11 ing for substantially similar products and services, 

12 and denial of services because they are pregnant or 

13 breastfeeding. 

14 (5) Many employers already and continue to 

15 take proactive steps, beyond those required by some 

16 States and localities, to ensure they are fostering 

17 positive and respectful cultures for all employees. 

18 Many places of public accommodation also recognize 

19 the economic imperative to offer goods and services 

20 to as many consumers as possible. 

21 (6) Regular and ongoing discrimination against 

22 LGBTQ people, as well as women, in accessing pub23 lic accommodations contributes to negative social 

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1 commodations operated by State and local govern2 ments, abridges individuals’ constitutional rights. 

3 (7) The discredited practice known as ‘‘conver4 sion therapy’’ is a form of discrimination that harms 

5 LGBTQ people by undermining individuals sense of 

6 self worth, increasing suicide ideation and substance 

7 abuse, exacerbating family conflict, and contributing 

8 to second class status. 

9 (8) Both LGBTQ people and women face wide10 spread discrimination in employment and various 

11 services, including by entities that receive Federal fi12 nancial assistance. Such discrimination— 

13 (A) is particularly troubling and inappro14 priate for programs and services funded wholly 

15 or in part by the Federal Government; 

16 (B) undermines national progress toward 

17 equal treatment regardless of sex, sexual ori18 entation, or gender identity; and 

19 (C) is inconsistent with the constitutional 

20 principle of equal protection under the Four21 teenth Amendment to the Constitution of the 

22 United States. 

23 (9) Federal courts have widely recognized that, 

24 in enacting the Civil Rights Act of 1964, Congress 

25 validly invoked its powers under the Fourteenth 


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1 Amendment to provide a full range of remedies in 

2 response to persistent, widespread, and pervasive 

3 discrimination by both private and government ac4 tors. 

5 (10) Discrimination by State and local govern6 ments on the basis of sexual orientation or gender 

7 identity in employment, housing, and public accom8 modations, and in programs and activities receiving 

9 Federal financial assistance, violates the Equal Pro10 tection Clause of the Fourteenth Amendment to the 

11 Constitution of the United States. In many cir12 cumstances, such discrimination also violates other 

13 constitutional rights such as those of liberty and pri14 vacy under the due process clause of the Fourteenth 

15 Amendment. 

16 (11) Individuals who are LGBTQ, or are per17 ceived to be LGBTQ, have been subjected to a his18 tory and pattern of persistent, widespread, and per19 vasive discrimination on the bases of sexual orienta20 tion and gender identity by both private sector and 

21 Federal, State, and local government actors, includ22 ing in employment, housing, and public accommoda23 tions, and in programs and activities receiving Fed24 eral financial assistance. An explicit and comprehen25 sive national solution is needed to address such disVerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788

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1 crimination, which has sometimes resulted in vio2 lence or death, including the full range of remedies 

3 available under the Civil Rights Act of 1964. 

4 (12) Numerous provisions of Federal law ex5 pressly prohibit discrimination on the basis of sex, 

6 and Federal agencies and courts have correctly in7 terpreted these prohibitions on sex discrimination to 

8 include discrimination based on sexual orientation, 

9 gender identity, and sex stereotypes. In particular, 

10 the Equal Employment Opportunity Commission 

11 correctly interpreted title VII of the Civil Rights Act 

12 of 1964 in Macy v. Holder, Baldwin v. Foxx, and 

13 Lusardi v. McHugh. 

14 (13) The absence of explicit prohibitions of dis15 crimination on the basis of sexual orientation and 

16 gender identity under Federal statutory law has cre17 ated uncertainty for employers and other entities 

18 covered by Federal nondiscrimination laws and 

19 caused unnecessary hardships for LGBTQ individ20 uals. 

21 (14) LGBTQ people often face discrimination 

22 when seeking to rent or purchase housing, as well as 

23 in every other aspect of obtaining and maintaining 

24 housing. LGBTQ people in same-sex relationships 

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1 sociated with one gender appear on a housing appli2 cation, and transgender people often encounter dis3 crimination when credit checks or inquiries reveal a 

4 former name. 

5 (15) National surveys, including a study com6 missioned by the Department of Housing and Urban 

7 Development, show that housing discrimination 

8 against LGBTQ people is very prevalent. For in9 stance, when same-sex couples inquire about housing 

10 that is available for rent, they are less likely to re11 ceive positive responses from landlords. A national 

12 matched-pair testing investigation found that nearly 

13 one-half of same-sex couples face adverse, differen14 tial treatment when seeking elder housing. Accord15 ing to other studies, transgender people have half 

16 the homeownership rate of non-transgender people 

17 and about 1 in 5 transgender people experience 

18 homelessness. 

19 (16) As a result of the absence of explicit prohi20 bitions against discrimination on the basis of sexual 

21 orientation and gender identity, credit applicants 

22 who are LGBTQ, or perceived to be LGBTQ, have 

23 unequal opportunities to establish credit. LGBTQ 

24 people can experience being denied a mortgage, cred25 it card, student loan, or many other types of credit 


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1 simply because of their sexual orientation or gender 

2 identity. 

3 (17) Numerous studies demonstrate that 

4 LGBTQ people, especially transgender people and 

5 women, are economically disadvantaged and at a 

6 higher risk for poverty compared with other groups 

7 of people. For example, older women in same-sex 

8 couples have twice the poverty rate of older dif9 ferent-sex couples. 

10 (18) The right to an impartial jury of one’s 

11 peers and the reciprocal right to jury service are 

12 fundamental to the free and democratic system of 

13 justice in the United States and are based in the 

14 Bill of Rights. There is, however, an unfortunate 

15 and long-documented history in the United States of 

16 attorneys discriminating against LGBTQ individ17 uals, or those perceived to be LGBTQ, in jury selec18 tion. Failure to bar peremptory challenges based on 

19 the actual or perceived sexual orientation or gender 

20 identity of an individual not only erodes a funda21 mental right, duty, and obligation of being a citizen 

22 of the United States, but also unfairly creates a sec23 ond class of citizenship for LGBTQ victims, wit24 nesses, plaintiffs, and defendants. 


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1 (19) Numerous studies document the shortage 

2 of qualified and available homes for the 437,000 

3 youth in the child welfare system and the negative 

4 outcomes for the many youth who live in group care 

5 as opposed to a loving home or who age out without 

6 a permanent family. Although same-sex couples are 

7 7 times more likely to foster or adopt than their dif8 ferent-sex counterparts, many child placing agencies 

9 refuse to serve same-sex couples and LGBTQ indi10 viduals. This has resulted in a reduction of the pool 

11 of qualified and available homes for youth in the 

12 child welfare system who need placement on a tem13 porary or permanent basis. Barring discrimination 

14 in foster care and adoption will increase the number 

15 of homes available to foster children waiting for fos16 ter and adoptive families. 

17 (20) LGBTQ youth are overrepresented in the 

18 foster care system by at least a factor of two and 

19 report twice the rate of poor treatment while in care 

20 compared to their non-LGBTQ counterparts. 

21 LGBTQ youth in foster care have a higher average 

22 number of placements, higher likelihood of living in 

23 a group home, and higher rates of hospitalization for 

24 emotional reasons and juvenile justice involvement 

25 than their non-LGBTQ peers because of the high 


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1 level of bias and discrimination that they face and 

2 the difficulty of finding affirming foster placements. 

3 Further, due to their physical distance from friends 

4 and family, traumatic experiences, and potentially 

5 unstable living situations, many youth involved with 

6 child welfare are at risk for being targeted by traf7 fickers seeking to exploit children. Barring discrimi8 nation in child welfare services will ensure improved 

9 treatment and outcomes for LGBTQ foster children. 

10 (b) PURPOSE.—It is the purpose of this Act to ex11 pand as well as clarify, confirm and create greater consist12 ency in the protections and remedies against discrimina13 tion on the basis of all covered characteristics and to pro14 vide guidance and notice to individuals, organizations, cor15 porations, and agencies regarding their obligations under 

16 the law. 

17 SEC. 3. PUBLIC ACCOMMODATIONS. 

18 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA19 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 

20 Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended— 

21 (1) in subsection (a), by inserting ‘‘sex (includ22 ing sexual orientation and gender identity),’’ before 

23 ‘‘or national origin’’; and 

24 (2) in subsection (b)— 


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1 (A) in paragraph (3), by striking ‘‘sta2 dium’’ and all that follows and inserting ‘‘sta3 dium or other place of or establishment that 

4 provides exhibition, entertainment, recreation, 

5 exercise, amusement, public gathering, or public 

6 display;’’; 

7 (B) by redesignating paragraph (4) as 

8 paragraph (6); and 

9 (C) by inserting after paragraph (3) the 

10 following: 

11 ‘‘(4) any establishment that provides a good, 

12 service, or program, including a store, shopping cen13 ter, online retailer or service provider, salon, bank, 

14 gas station, food bank, service or care center, shel15 ter, travel agency, or funeral parlor, or establish16 ment that provides health care, accounting, or legal 

17 services; 

18 ‘‘(5) any train service, bus service, car service, 

19 taxi service, airline service, station, depot, or other 

20 place of or establishment that provides transpor21 tation service; and’’. 

22 (b) PROHIBITION ON DISCRIMINATION OR SEGREGA23 TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 

24 2000a–1) is amended by inserting ‘‘sex (including sexual 


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1 orientation and gender identity),’’ before ‘‘or national ori2 gin’’. 

3 (c) RULE OF CONSTRUCTION.—Title II of such Act 

4 (42 U.S.C. 2000a et seq.) is amended by adding at the 

5 end the following: 

6 ‘‘SEC. 208. RULE OF CONSTRUCTION. 

7 ‘‘A reference in this title to an establishment— 

8 ‘‘(1) shall be construed to include an individual 

9 whose operations affect commerce and who is a pro10 vider of a good, service, or program; and 

11 ‘‘(2) shall not be construed to be limited to a 

12 physical facility or place.’’. 

13 SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 

14 Section 301(a) of the Civil Rights Act of 1964 (42 

15 U.S.C. 2000b(a)) is amended by inserting ‘‘sex (including 

16 sexual orientation and gender identity),’’ before ‘‘or na17 tional origin’’. 

18 SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 

19 (a) DEFINITIONS.—Section 401(b) of the Civil Rights 

20 Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting 

21 ‘‘(including sexual orientation and gender identity),’’ be22 fore ‘‘or national origin’’. 

23 (b) CIVIL ACTIONS BY THE ATTORNEY GENERAL.— 

24 Section 407 of such Act (42 U.S.C. 2000c–6) is amended, 

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1 entation and gender identity),’’ before ‘‘or national ori2 gin’’. 

3 (c) CLASSIFICATION AND ASSIGNMENT.—Section 410 

4 of such Act (42 U.S.C. 2000c–9) is amended by inserting 

5 ‘‘(including sexual orientation and gender identity),’’ be6 fore ‘‘or national origin’’. 

7 SEC. 6. FEDERAL FUNDING. 

8 Section 601 of the Civil Rights Act of 1964 (42 

9 U.S.C. 2000d) is amended by inserting ‘‘sex (including 

10 sexual orientation and gender identity),’’ before ‘‘or na11 tional origin,’’. 

12 SEC. 7. EMPLOYMENT. 

13 (a) RULES OF CONSTRUCTION.—Title VII of the 

14 Civil Rights Act of 1964 is amended by inserting after 

15 section 701 (42 U.S.C. 2000e) the following: 

16 ‘‘SEC. 701A. RULES OF CONSTRUCTION. 

17 ‘‘Section 1106 shall apply to this title except that for 

18 purposes of that application, a reference in that section 

19 to an ‘unlawful practice’ shall be considered to be a ref20 erence to an ‘unlawful employment practice’.’’. 

21 (b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 

22 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

23 2) is amended— 


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1 (1) in the section header, by striking ‘‘SEX,’’ 

2 and inserting ‘‘SEX (INCLUDING SEXUAL ORIENTA3 TION AND GENDER IDENTITY),’’; 

4 (2) except in subsection (e), by striking ‘‘sex,’’ 

5 each place it appears and inserting ‘‘sex (including 

6 sexual orientation and gender identity),’’; 

7 (3) in subsection (e)(1), by striking ‘‘enter8 prise,’’ and inserting ‘‘enterprise, if, in a situation in 

9 which sex is a bona fide occupational qualification, 

10 individuals are recognized as qualified in accordance 

11 with their gender identity,’’; and 

12 (4) in subsection (h), by striking ‘‘sex’’ the sec13 ond place it appears and inserting ‘‘sex (including 

14 sexual orientation and gender identity),’’. 

15 (c) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 

16 Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 

17 2000e–3(b)) is amended— 

18 (1) by striking ‘‘sex,’’ the first place it appears 

19 and inserting ‘‘sex (including sexual orientation and 

20 gender identity),’’; and 

21 (2) by striking ‘‘employment.’’ and inserting 

22 ‘‘employment, if, in a situation in which sex is a 

23 bona fide occupational qualification, individuals are 

24 recognized as qualified in accordance with their gen25 der identity.’’. 


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1 (d) CLAIMS.—Section 706(g)(2)(A) of the Civil 

2 Rights Act of 1964 (2000e–5(g)(2)(A)) is amended by 

3 striking ‘‘sex,’’ and inserting ‘‘sex (including sexual ori4 entation and gender identity),’’. 

5 (e) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec6 tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 

7 2000e–16) is amended— 

8 (1) in subsection (a), by striking ‘‘sex,’’ and in9 serting ‘‘sex (including sexual orientation and gender 

10 identity),’’; and 

11 (2) in subsection (c), by striking ‘‘sex’’ and in12 serting ‘‘sex (including sexual orientation and gender 

13 identity),’’. 

14 (f) GOVERNMENT EMPLOYEE RIGHTS ACT OF

15 1991.—The Government Employee Rights Act of 1991 

16 (42 U.S.C. 2000e–16a et seq.) is amended— 

17 (1) in section 301(b), by striking ‘‘sex,’’ and in18 serting ‘‘sex (including sexual orientation and gender 

19 identity),’’; 

20 (2) in section 302(a)(1), by striking ‘‘sex,’’ and 

21 inserting ‘‘sex (including sexual orientation and gen22 der identity),’’; and 

23 (3) by adding at the end the following: 


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1 ‘‘SEC. 305. RULES OF CONSTRUCTION AND CLAIMS. 

2 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 

3 Rights Act of 1964 shall apply to this title except that 

4 for purposes of that application, a reference in that section 

5 1106 to ‘race, color, religion, sex (including sexual orienta6 tion and gender identity), or national origin’ shall be con7 sidered to be a reference to ‘race, color, religion, sex, sex8 ual orientation, gender identity, national origin, age, or 

9 disability’.’’. 

10 (g) CONGRESSIONAL ACCOUNTABILITY ACT OF

11 1995.—The Congressional Accountability Act of 1995 (2 

12 U.S.C. 1301 et seq.) is amended— 

13 (1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) 

14 by inserting ‘‘(including sexual orientation and gen15 der identity),’’ before ‘‘or national origin,’’; and 

16 (2) by adding at the end of title II (42 U.S.C. 

17 1311 et seq.) the following: 

18 ‘‘SEC. 208. RULES OF CONSTRUCTION AND CLAIMS. 

19 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 

20 Rights Act of 1964 shall apply to section 201 (and reme21 dial provisions of this Act related to section 201) except 

22 that for purposes of that application, a reference in that 

23 section 1106 to ‘race, color, religion, sex (including sexual 

24 orientation and gender identity), or national origin’ shall 

25 be considered to be a reference to ‘race, color, religion, 


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1 sex (including sexual orientation and gender identity), na2 tional origin, age, or disability’.’’. 

3 (h) CIVIL SERVICE REFORM ACT OF 1978.—Chapter 

4 23 of title 5, United States Code, is amended— 

5 (1) in section 2301(b)(2), by striking ‘‘sex,’’ 

6 and inserting ‘‘sex (including sexual orientation and 

7 gender identity),’’; 

8 (2) in section 2302— 

9 (A) in subsection (b)(1)(A), by inserting 

10 ‘‘(including sexual orientation and gender iden11 tity),’’ before ‘‘or national origin,’’; and 

12 (B) in subsection (d)(1), by inserting ‘‘(in13 cluding sexual orientation and gender iden14 tity),’’ before ‘‘or national origin;’’; and 

15 (3) by adding at the end the following: 

16 ‘‘SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS. 

17 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 

18 Rights Act of 1964 shall apply to this chapter (and reme19 dial provisions of this title related to this chapter) except 

20 that for purposes of that application, a reference in that 

21 section 1106 to ‘race, color, religion, sex (including sexual 

22 orientation and gender identity), or national origin’ shall 

23 be considered to be a reference to ‘race, color, religion, 

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1 tional origin, age, a handicapping condition, marital sta2 tus, or political affiliation’.’’. 

3 SEC. 8. INTERVENTION. 

4 Section 902 of the Civil Rights Act of 1964 (42 

5 U.S.C. 2000h–2) is amended by inserting ‘‘(including sex6 ual orientation and gender identity),’’ before ‘‘or national 

7 origin,’’. 

8 SEC. 9. MISCELLANEOUS. 

9 Title XI of the Civil Rights Act of 1964 is amended— 

10 (1) by redesignating sections 1101 through 

11 1104 (42 U.S.C. 2000h et seq.) and sections 1105 

12 and 1106 (42 U.S.C. 2000h–5, 2000h–6) as sections 

13 1102 through 1105 and sections 1108 and 1109, re14 spectively; 

15 (2) by inserting after the title heading the fol16 lowing: 

17 ‘‘SEC. 1101. DEFINITIONS AND RULES. 

18 ‘‘(a) DEFINITIONS.—In titles II, III, IV, VI, VII, and 

19 IX (referred to individually in sections 1106 and 1107 as 

20 a ‘covered title’): 

21 ‘‘(1) RACE; COLOR; RELIGION; SEX; SEXUAL

22 ORIENTATION; GENDER IDENTITY; NATIONAL ORI23 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’ (in24 cluding ‘sexual orientation’ and ‘gender identity’), or 


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1 ‘national origin’, used with respect to an individual, 

2 includes— 

3 ‘‘(A) the race, color, religion, sex (includ4 ing sexual orientation and gender identity), or 

5 national origin, respectively, of another person 

6 with whom the individual is associated or has 

7 been associated; and 

8 ‘‘(B) a perception or belief, even if inac9 curate, concerning the race, color, religion, sex 

10 (including sexual orientation and gender iden11 tity), or national origin, respectively, of the in12 dividual. 

13 ‘‘(2) GENDER IDENTITY.—The term ‘gender 

14 identity’ means the gender-related identity, appear15 ance, mannerisms, or other gender-related character16 istics of an individual, regardless of the individual’s 

17 designated sex at birth. 

18 ‘‘(3) INCLUDING.—The term ‘including’ means 

19 including, but not limited to, consistent with the 

20 term’s standard meaning in Federal law. 

21 ‘‘(4) SEX.—The term ‘sex’ includes— 

22 ‘‘(A) a sex stereotype; 

23 ‘‘(B) pregnancy, childbirth, or a related 

24 medical condition; 


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1 ‘‘(C) sexual orientation or gender identity; 

2 and 

3 ‘‘(D) sex characteristics, including intersex 

4 traits. 

5 ‘‘(5) SEXUAL ORIENTATION.—The term ‘sexual 

6 orientation’ means homosexuality, heterosexuality, or 

7 bisexuality. 

8 ‘‘(b) RULES.—In a covered title referred to in sub9 section (a)— 

10 ‘‘(1) (with respect to sex) pregnancy, childbirth, 

11 or a related medical condition shall not receive less 

12 favorable treatment than other physical conditions; 

13 and 

14 ‘‘(2) (with respect to gender identity) an indi15 vidual shall not be denied access to a shared facility, 

16 including a restroom, a locker room, and a dressing 

17 room, that is in accordance with the individual’s 

18 gender identity.’’; and 

19 (3) by inserting after section 1105 the fol20 lowing: 

21 ‘‘SEC. 1106. RULES OF CONSTRUCTION. 

22 ‘‘(a) SEX.—Nothing in section 1101 or the provisions 

23 of a covered title incorporating a term defined or a rule 

24 specified in that section shall be construed— 


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1 ‘‘(1) to limit the protection against an unlawful 

2 practice on the basis of pregnancy, childbirth, or a 

3 related medical condition provided by section 701(k); 

4 or 

5 ‘‘(2) to limit the protection against an unlawful 

6 practice on the basis of sex available under any pro7 vision of Federal law other than that covered title, 

8 prohibiting a practice on the basis of sex. 

9 ‘‘(b) CLAIMS AND REMEDIES NOT PRECLUDED.— 

10 Nothing in section 1101 or a covered title shall be con11 strued to limit the claims or remedies available to any indi12 vidual for an unlawful practice on the basis of race, color, 

13 religion, sex (including sexual orientation and gender iden14 tity), or national origin including claims brought pursuant 

15 to section 1979 or 1980 of the Revised Statutes (42 

16 U.S.C. 1983, 1985) or any other law, including a Federal 

17 law amended by the Equality Act, regulation, or policy. 

18 ‘‘(c) NO NEGATIVE INFERENCE.—Nothing in section 

19 1101 or a covered title shall be construed to support any 

20 inference that any Federal law prohibiting a practice on 

21 the basis of sex does not prohibit discrimination on the 

22 basis of pregnancy, childbirth, or a related medical condi23 tion, sexual orientation, gender identity, or a sex stereo24 type. 


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1 ‘‘SEC. 1107. CLAIMS. 

2 ‘‘The Religious Freedom Restoration Act of 1993 (42 

3 U.S.C. 2000bb et seq.) shall not provide a claim con4 cerning, or a defense to a claim under, a covered title, 

5 or provide a basis for challenging the application or en6 forcement of a covered title.’’. 

7 SEC. 10. HOUSING. 

8 (a) FAIR HOUSING ACT.—The Fair Housing Act (42 

9 U.S.C. 3601 et seq.) is amended— 

10 (1) in section 802 (42 U.S.C. 3602), by adding 

11 at the end the following: 

12 ‘‘(p) ‘Gender identity’, ‘sex’, and ‘sexual orientation’ 

13 have the meanings given those terms in section 1101(a) 

14 of the Civil Rights Act of 1964. 

15 ‘‘(q) ‘Race’, ‘color’, ‘religion’, ‘sex’ (including ‘sexual 

16 orientation’ and ‘gender identity’), ‘handicap’, ‘familial 

17 status’, or ‘national origin’, used with respect to an indi18 vidual, includes— 

19 ‘‘(1) the race, color, religion, sex (including sex20 ual orientation and gender identity), handicap, fa21 milial status, or national origin, respectively, of an22 other person with whom the individual is associated 

23 or has been associated; and 

24 ‘‘(2) a perception or belief, even if inaccurate, 

25 concerning the race, color, religion, sex (including 

26 sexual orientation and gender identity), handicap, 


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1 familial status, or national origin, respectively, of the 

2 individual.’’; 

3 (2) in section 804, by inserting ‘‘(including sex4 ual orientation and gender identity),’’ after ‘‘sex,’’ 

5 each place that term appears; 

6 (3) in section 805, by inserting ‘‘(including sex7 ual orientation and gender identity),’’ after ‘‘sex,’’ 

8 each place that term appears; 

9 (4) in section 806, by inserting ‘‘(including sex10 ual orientation and gender identity),’’ after ‘‘sex,’’; 

11 (5) in section 808(e)(6), by inserting ‘‘(includ12 ing sexual orientation and gender identity),’’ after 

13 ‘‘sex,’’; and 

14 (6) by adding at the end the following: 

15 ‘‘SEC. 821. RULES OF CONSTRUCTION. 

16 ‘‘Sections 1101(b) and 1106 of the Civil Rights Act 

17 of 1964 shall apply to this title and section 901, except 

18 that for purposes of that application, a reference in that 

19 section 1101(b) or 1106 to a ‘covered title’ shall be consid20 ered a reference to ‘this title and section 901’. 

21 ‘‘SEC. 822. CLAIMS. 

22 ‘‘Section 1107 of the Civil Rights Act of 1964 shall 

23 apply to this title and section 901, except that for pur24 poses of that application, a reference in that section 1107 


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1 to a ‘covered title’ shall be considered a reference to ‘this 

2 title and section 901’.’’. 

3 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS4 ING CASES.—Section 901 of the Civil Rights Act of 1968 

5 (42 U.S.C. 3631) is amended by inserting ‘‘(including sex6 ual orientation (as such term is defined in section 802 of 

7 this Act) and gender identity (as such term is defined in 

8 section 802 of this Act)),’’ after ‘‘sex,’’ each place that 

9 term appears. 

10 SEC. 11. EQUAL CREDIT OPPORTUNITY. 

11 (a) PROHIBITED DISCRIMINATION.—Section 

12 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 

13 1691(a)(1)) is amended by inserting ‘‘(including sexual 

14 orientation and gender identity),’’ after ‘‘sex’’. 

15 (b) DEFINITIONS.—Section 702 of the Equal Credit 

16 Opportunity Act (15 U.S.C. 1691a) is amended— 

17 (1) by redesignating subsections (f) and (g) as 

18 subsections (h) and (i), respectively; 

19 (2) by inserting after subsection (e) the fol20 lowing: 

21 ‘‘(f) The terms ‘gender identity’, ‘sex’, and ‘sexual 

22 orientation’ have the meanings given those terms in sec23 tion 1101(a) of the Civil Rights Act of 1964. 

24 ‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori25 gin’, ‘sex’ (including ‘sexual orientation’ and ‘gender idenVerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788

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1 tity’), ‘marital status’, or ‘age’, used with respect to an 

2 individual, includes— 

3 ‘‘(1) the race, color, religion, national origin, 

4 sex (including sexual orientation and gender iden5 tity), marital status, or age, respectively, of another 

6 person with whom the individual is associated or has 

7 been associated; and 

8 ‘‘(2) a perception or belief, even if inaccurate, 

9 concerning the race, color, religion, national origin, 

10 sex (including sexual orientation and gender iden11 tity), marital status, or age, respectively, of the indi12 vidual.’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(j) Sections 1101(b) and 1106 of the Civil Rights 

15 Act of 1964 shall apply to this title, except that for pur16 poses of that application— 

17 ‘‘(1) a reference in those sections to a ‘covered 

18 title’ shall be considered a reference to ‘this title’; 

19 and 

20 ‘‘(2) paragraph (1) of such section 1101(b) 

21 shall apply with respect to all aspects of a credit 

22 transaction.’’. 

23 (c) RELATION TO STATE LAWS.—Section 705(a) of 

24 the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) 


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1 is amended by inserting ‘‘(including sexual orientation and 

2 gender identity),’’ after ‘‘sex’’. 

3 (d) CIVIL LIABILITY.—Section 706 of the Equal 

4 Credit Opportunity Act (15 U.S.C. 1691e) is amended by 

5 adding at the end the following: 

6 ‘‘(l) Section 1107 of the Civil Rights Act of 1964 

7 shall apply to this title, except that for purposes of that 

8 application, a reference in that section to a ‘covered title’ 

9 shall be considered a reference to ‘this title’.’’. 

10 SEC. 12. JURIES. 

11 (a) IN GENERAL.—Chapter 121 of title 28, United 

12 States Code, is amended— 

13 (1) in section 1862, by inserting ‘‘(including 

14 sexual orientation and gender identity),’’ after 

15 ‘‘sex,’’; 

16 (2) in section 1867(e), in the second sentence, 

17 by inserting ‘‘(including sexual orientation and gen18 der identity),’’ after ‘‘sex,’’; 

19 (3) in section 1869— 

20 (A) in subsection (j), by striking ‘‘and’’ at 

21 the end; 

22 (B) in subsection (k), by striking the pe23 riod at the end and inserting a semicolon; and 

24 (C) by adding at the end the following: 


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1 ‘‘(l) ‘gender identity’, ‘sex’, and ‘sexual orientation’ 

2 have the meanings given such terms under section 1101(a) 

3 of the Civil Rights Act of 1964; and 

4 ‘‘(m) ‘race’, ‘color’, ‘religion’, ‘sex’ (including ‘sexual 

5 orientation’ and ‘gender identity’), ‘economic status’, or 

6 ‘national origin’, used with respect to an individual, in7 cludes— 

8 ‘‘(1) the race, color, religion, sex (including sex9 ual orientation and gender identity), economic sta10 tus, or national origin, respectively, of another per11 son with whom the individual is associated or has 

12 been associated; and 

13 ‘‘(2) a perception or belief, even if inaccurate, 

14 concerning the race, color, religion, sex (including 

15 sexual orientation and gender identity), economic 

16 status, or national origin, respectively, of the indi17 vidual.’’; and 

18 (4) by adding at the end the following: 

19 ‘‘§ 1879. Rules of construction and claims 

20 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 

21 Rights Act of 1964 shall apply to this chapter, except that 

22 for purposes of that application, a reference in those sec23 tions to a ‘covered title’ shall be considered a reference 

24 to ‘this chapter’.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of sections for chapter 121 of title 28, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

‘‘1879. Rules of construction and claims.’’. 

Æ 


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