II 

115TH CONGRESS 

1ST SESSION S. 1006 

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

orientation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2017 

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

BLUMENTHAL, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, Mr. CARPER, 

Mr. CASEY, Mr. COONS, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. 

DURBIN, Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. GILLIBRAND, Ms. HARRIS, Ms. HASSAN, Mr. HEINRICH, Ms. HEITKAMP, Ms. HIRONO, Mr. 

KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. LEAHY, Mr. MARKEY, Mrs. 

MCCASKILL, Mr. MENENDEZ, Mr. MURPHY, Mrs. MURRAY, Mr. NELSON, 

Mr. PETERS, Mr. REED, Mr. SANDERS, Mr. SCHATZ, Mr. SCHUMER, 

Mrs. SHAHEEN, Ms. STABENOW, Mr. TESTER, Mr. UDALL, Mr. VAN

HOLLEN, Mr. WARNER, Ms. WARREN, Mr. WHITEHOUSE, and Mr. 

WYDEN) 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, and transgender (re20 ferred to as ‘‘LGBT’’) people commonly experience 

21 discrimination in securing access to public accom22 modations—including restaurants, stores, places of 

23 or establishments that provide entertainment, and 

24 transportation. Forms of discrimination include the 

25 exclusion and denial of entry, unequal or unfair 

26 treatment, harassment, and violence. This discrimiVerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006

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1 nation prevents the full participation of LGBT peo2 ple in society and disrupts the free flow of com3 merce. 

4 (4) Women also face discrimination, in estab5 lishments such as stores and restaurants, and places 

6 or establishments that provide other goods or serv7 ices, such as entertainment or transportation, in8 cluding sexual harassment, differential pricing, and 

9 denial of services because they are pregnant or 

10 breastfeeding. 

11 (5) Regular and ongoing discrimination against 

12 LGBT people, as well as women, in accessing public 

13 accommodations contributes to negative social and 

14 economic outcomes. 

15 (6) The discredited practice known as ‘‘conver16 sion therapy’’ is a form of discrimination that harms 

17 LGBT people by undermining individuals sense of 

18 self worth, increasing suicide ideation and substance 

19 abuse, exacerbating family conflict, and contributing 

20 to second class status. 

21 (7) Both LGBT people and women face wide22 spread discrimination in employment and various 

23 services, including by entities that receive Federal fi24 nancial assistance. Such discrimination— 


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1 (A) is particularly troubling and inappro2 priate for programs and services funded wholly 

3 or in part by the Federal Government; 

4 (B) undermines national progress toward 

5 equal treatment regardless of sex, sexual ori6 entation, or gender identity; and 

7 (C) is inconsistent with the constitutional 

8 principle of equal protection under the Four9 teenth Amendment of the Constitution of the 

10 United States. 

11 (8) Workers who are LGBT, or are perceived to 

12 be LGBT, have been subjected to a history and pat13 tern of persistent, widespread, and pervasive dis14 crimination on the bases of sexual orientation and 

15 gender identity by private sector employers and Fed16 eral, State, and local government employers. 

17 (9) Numerous provisions of Federal law ex18 pressly prohibit discrimination on the basis of sex, 

19 and Federal agencies and courts have correctly in20 terpreted these prohibitions on sex discrimination to 

21 include discrimination based on sexual orientation, 

22 gender identity, and sex stereotypes. In particular, 

23 the Equal Employment Opportunity Commission 

24 correctly interpreted title VII of the Civil Rights Act 


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

2 Lusardi v. McHugh. 

3 (10) The absence of explicit prohibitions of dis4 crimination on the basis of sexual orientation and 

5 gender identity under Federal statutory law, as well 

6 as the existence of legislative proposals that would 

7 have provided such explicit prohibitions, has led 

8 some courts to conclude incorrectly that current 

9 Federal laws prohibiting sex discrimination do not 

10 prohibit discrimination on the basis of sexual ori11 entation and gender identity. It has also created un12 certainty for employers and other entities covered by 

13 Federal nondiscrimination laws and caused unneces14 sary hardships for LGBT individuals. 

15 (11) LGBT people often face discrimination 

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

17 in every other aspect of obtaining and maintaining 

18 housing. LGBT people in same-sex relationships are 

19 often discriminated against when two names associ20 ated with one gender appear on a housing applica21 tion, and transgender people often encounter dis22 crimination when credit checks or inquiries reveal a 

23 former name. 

24 (12) National surveys, including a study com25 missioned by the Department of Housing and Urban 


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1 Development, show that housing discrimination 

2 against LGBT people is very prevalent. For in3 stance, when same-sex couples inquire about housing 

4 that is available for rent, they are less likely to re5 ceive positive responses from landlords. According to 

6 other studies, transgender people have half the 

7 homeownership rate of non-transgender people and 

8 about 1 in 5 transgender people experience home9 lessness. 

10 (13) As a result of the absence of explicit prohi11 bitions against discrimination on the basis of sexual 

12 orientation and gender identity, credit applicants 

13 who are LGBT, or perceived to be LGBT, have un14 equal opportunities to establish credit. LGBT people 

15 can experience being denied a mortgage, credit card, 

16 student loan, or many other types of credit simply 

17 because of their sexual orientation or gender iden18 tity. 

19 (14) Numerous studies demonstrate that LGBT 

20 people, especially transgender people and women, are 

21 economically disadvantaged and at a higher risk for 

22 poverty compared with other groups of people. 

23 (15) The right to an impartial jury of one’s 

24 peers and the reciprocal right to jury service are 

25 fundamental to the free and democratic system of 


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1 justice in the United States and are based in the 

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

3 and long-documented history in the United States of 

4 attorneys discriminating against LGBT individuals, 

5 or those perceived to be LGBT, in jury selection. 

6 Failure to bar peremptory challenges based on the 

7 actual or perceived sexual orientation or gender 

8 identity of an individual not only erodes a funda9 mental right, duty, and obligation of being a citizen 

10 of the United States, but also unfairly creates a sec11 ond class of citizenship for LGBT victims, witnesses, 

12 plaintiffs, and defendants. 

13 (b) PURPOSE.—It is the purpose of this Act to ex14 pand as well as clarify, confirm and create greater consist15 ency in the protections against discrimination on the basis 

16 of all covered characteristics and to provide guidance and 

17 notice to individuals, organizations, corporations, and 

18 agencies regarding their obligations under the law. 

19 SEC. 3. PUBLIC ACCOMMODATIONS. 

20 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA21 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 

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

23 (1) in subsection (a), by inserting ‘‘sex, sexual 

24 orientation, gender identity,’’ before ‘‘or national ori25 gin’’; and 


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1 (2) in subsection (b)— 

2 (A) in paragraph (3), by striking ‘‘sta3 dium’’ and all that follows and inserting ‘‘sta4 dium or other place of or establishment that 

5 provides exhibition, entertainment, recreation, 

6 exercise, amusement, gathering, or 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, sexual orienta25 tion, gender identity,’’ before ‘‘or national origin’’. 


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

2 (42 U.S.C. 2000a et seq.) is amended by adding at the 

3 end the following: 

4 ‘‘SEC. 208. RULE OF CONSTRUCTION. 

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

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

7 whose operations affect commerce and who is a pro8 vider of a good, service, or program; and 

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

10 physical facility or place.’’. 

11 SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 

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

13 U.S.C. 2000b(a)) is amended by inserting ‘‘sex, sexual ori14 entation, gender identity,’’ before ‘‘or national origin’’. 

15 SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 

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

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

18 ‘‘, sexual orientation, gender identity,’’ before ‘‘or national 

19 origin’’. 

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

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

22 in subsection (a)(2), by inserting ‘‘, sexual orientation, 

23 gender identity,’’ before ‘‘or national origin’’. 

24 (c) CLASSIFICATION AND ASSIGNMENT.—Section 410 

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


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1 ‘‘, sexual orientation, gender identity,’’ before ‘‘or national 

2 origin’’. 

3 SEC. 6. FEDERAL FUNDING. 

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

5 U.S.C. 2000d) is amended by inserting ‘‘sex, sexual ori6 entation, gender identity,’’ before ‘‘or national origin,’’. 

7 SEC. 7. EMPLOYMENT. 

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

9 Civil Rights Act of 1964 is amended by inserting after 

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

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

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

13 purposes of that application, a reference in that section 

14 to an ‘unlawful practice’ shall be considered to be a ref15 erence to an ‘unlawful employment practice’.’’. 

16 (b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 

17 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

18 2) is amended— 

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

20 and inserting ‘‘SEX, SEXUAL ORIENTATION, GENDER

21 IDENTITY,’’; 

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

23 each place it appears and inserting ‘‘sex, sexual ori24 entation, gender identity,’’; 


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1 (3) in subsection (e)(1), by striking ‘‘enter2 prise,’’ and inserting ‘‘enterprise, if, in a situation in 

3 which sex is a bona fide occupational qualification, 

4 individuals are recognized as qualified in accordance 

5 with their gender identity,’’; and 

6 (4) in subsection (h), by striking ‘‘sex’’ the sec7 ond place it appears and inserting ‘‘sex, sexual ori8 entation, gender identity,’’. 

9 (c) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 

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

11 2000e–3(b)) is amended— 

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

13 and inserting ‘‘sex, sexual orientation, gender iden14 tity,’’; and 

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

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

17 bona fide occupational qualification, individuals are 

18 recognized as qualified in accordance with their gen19 der identity.’’. 

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

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

22 striking ‘‘sex,’’ and inserting ‘‘sex, sexual orientation, gen23 der identity,’’. 


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1 (e) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec2 tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 

3 2000e–16) is amended— 

4 (1) in subsection (a), by striking ‘‘sex,’’ and in5 serting ‘‘sex, sexual orientation, gender identity,’’; 

6 and 

7 (2) in subsection (c), by striking ‘‘sex’’ and in8 serting ‘‘sex, sexual orientation, gender identity,’’. 

9 (f) GOVERNMENT EMPLOYEE RIGHTS ACT OF

10 1991.—The Government Employee Rights Act of 1991 

11 (42 U.S.C. 2000e–16a et seq.) is amended— 

12 (1) in section 301(b), by striking ‘‘sex,’’ and in13 serting ‘‘sex, sexual orientation, gender identity,’’; 

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

15 inserting ‘‘sex, sexual orientation, gender identity,’’; 

16 and 

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

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

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

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

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

22 1106 to ‘race, color, religion, sex, sexual orientation, gen23 der identity, or national origin’ shall be considered to be 

24 a reference to ‘race, color, religion, sex, sexual orientation, 

25 gender identity, national origin, age, or disability’.’’. 


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1 (g) CONGRESSIONAL ACCOUNTABILITY ACT OF

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

3 U.S.C. 1301 et seq.) is amended— 

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

5 by inserting ‘‘sexual orientation, gender identity,’’ 

6 before ‘‘or national origin,’’; and 

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

8 1311 et seq.) the following: 

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

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

11 Rights Act of 1964 shall apply to section 201 (and reme12 dial provisions of this Act related to section 201) except 

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

14 section 1106 to ‘race, color, religion, sex, sexual orienta15 tion, gender identity, or national origin’ shall be consid16 ered to be a reference to ‘race, color, religion, sex, sexual 

17 orientation, gender identity, national origin, age, or dis18 ability’.’’. 

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

20 23 of title 5, United States Code, is amended— 

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

22 and inserting ‘‘sex, sexual orientation, gender iden23 tity,’’; 

24 (2) in section 2302— 


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

2 ‘‘sexual orientation, gender identity,’’ before ‘‘or 

3 national origin,’’; and 

4 (B) in subsection (d)(1), by inserting ‘‘sex5 ual orientation, gender identity,’’ before ‘‘or na6 tional origin;’’; and 

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

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

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

10 Rights Act of 1964 shall apply to this chapter (and reme11 dial provisions of this title related to this chapter) except 

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

13 section 1106 to ‘race, color, religion, sex, sexual orienta14 tion, gender identity, or national origin’ shall be consid15 ered to be a reference to ‘race, color, religion, sex, sexual 

16 orientation, gender identity, national origin, age, a handi17 capping condition, marital status, or political affiliation’.’’. 

18 SEC. 8. INTERVENTION. 

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

20 U.S.C. 2000h–2) is amended by inserting ‘‘, sexual ori21 entation, gender identity,’’ before ‘‘or national origin,’’. 

22 SEC. 9. MISCELLANEOUS. 

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

24 (1) by redesignating sections 1101 through 

25 1104 (42 U.S.C. 2000h et seq.) and sections 1105 


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

2 1102 through 1105 and sections 1108 and 1109, re3 spectively; 

4 (2) by inserting after the title heading the fol5 lowing: 

6 ‘‘SEC. 1101. DEFINITIONS AND RULES. 

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

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

9 a ‘covered title’): 

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

11 ORIENTATION; GENDER IDENTITY; NATIONAL ORI12 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’, ‘sex13 ual orientation’, ‘gender identity’, or ‘national ori14 gin’, used with respect to an individual, includes— 

15 ‘‘(A) the race, color, religion, sex, sexual 

16 orientation, gender identity, or national origin, 

17 respectively, of another person with whom the 

18 individual is associated or has been associated; 

19 and 

20 ‘‘(B) a perception or belief, even if inac21 curate, concerning the race, color, religion, sex, 

22 sexual orientation, gender identity, or national 

23 origin, respectively, of the individual. 

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

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1 ance, mannerisms, or other gender-related character2 istics of an individual, regardless of the individual’s 

3 designated sex at birth. 

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

5 including, but not limited to, consistent with the 

6 term’s standard meaning in Federal law. 

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

8 ‘‘(A) a sex stereotype; 

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

10 medical condition; and 

11 ‘‘(C) sexual orientation or gender identity. 

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

13 orientation’ means homosexuality, heterosexuality, or 

14 bisexuality. 

15 ‘‘(b) RULES.—In a covered title referred to in sub16 section (a)— 

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

18 or a related medical condition shall not receive less 

19 favorable treatment than other physical conditions; 

20 and 

21 ‘‘(2) (with respect to gender identity) an indi22 vidual shall not be denied access to a shared facility, 

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

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

25 gender identity.’’; and 


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1 (3) by inserting after section 1105 the fol2 lowing: 

3 ‘‘SEC. 1106. RULES OF CONSTRUCTION. 

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

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

6 specified in that section shall be construed— 

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

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

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

10 or 

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

12 practice on the basis of sex available under any pro13 vision of Federal law other than that covered title, 

14 prohibiting a practice on the basis of sex. 

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

16 Nothing in section 1101 or a covered title shall be con17 strued to limit the claims or remedies available to any indi18 vidual for an unlawful practice on the basis of race, color, 

19 religion, sex, sexual orientation, gender identity, or na20 tional origin including claims brought pursuant to section 

21 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 

22 1985) or any other law, including a Federal law amended 

23 by the Equality Act, regulation, or policy. 

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

25 1101 or a covered title shall be construed to support any 


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1 inference that any Federal law prohibiting a practice on 

2 the basis of sex does not prohibit discrimination on the 

3 basis of pregnancy, childbirth, or a related medical condi4 tion, sexual orientation, gender identity, or a sex stereo5 type. 

6 ‘‘SEC. 1107. CLAIMS. 

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

8 U.S.C. 2000bb et seq.) shall not provide a claim con9 cerning, or a defense to a claim under, a covered title, 

10 or provide a basis for challenging the application or en11 forcement of a covered title.’’. 

12 SEC. 10. HOUSING. 

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

14 U.S.C. 3601 et seq.) is amended— 

15 (1) in section 802, by adding at the end the fol16 lowing: 

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

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

19 of the Civil Rights Act of 1964. 

20 ‘‘(q) ‘Race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orienta21 tion’, ‘gender identity’, ‘handicap’, ‘familial status’, or ‘na22 tional origin’, used with respect to an individual, in23 cludes— 

24 ‘‘(1) the race, color, religion, sex, sexual ori25 entation, gender identity, handicap, familial status, 


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1 or national origin, respectively, of another person 

2 with whom the individual is associated or has been 

3 associated; and 

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

5 concerning the race, color, religion, sex, sexual ori6 entation, gender identity, handicap, familial status, 

7 or national origin, respectively, of the individual.’’; 

8 (2) in section 804, by inserting ‘‘sexual orienta9 tion, gender identity,’’ after ‘‘sex,’’ each place that 

10 term appears; 

11 (3) in section 805, by inserting ‘‘sexual orienta12 tion, gender identity,’’ after ‘‘sex,’’ each place that 

13 term appears; 

14 (4) in section 806, by inserting ‘‘sexual orienta15 tion, gender identity,’’ after ‘‘sex,’’; 

16 (5) in section 808(e)(6), by inserting ‘‘sexual 

17 orientation, gender identity,’’ after ‘‘sex,’’; and 

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

19 ‘‘SEC. 821. RULES OF CONSTRUCTION. 

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

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

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

23 section 1101(b) or 1106 to a ‘covered title’ shall be consid24 ered a reference to ‘this title and section 901’. 


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1 ‘‘SEC. 822. CLAIMS. 

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

3 apply to this title and section 901, except that for pur4 poses of that application, a reference in that section 1107 

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

6 title and section 901’.’’. 

7 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS8 ING CASES.—Section 901 of the Civil Rights Act of 1968 

9 (42 U.S.C. 3631) is amended by inserting ‘‘sexual orienta10 tion (as such term is defined in section 802 of this Act), 

11 gender identity (as such term is defined in section 802 

12 of this Act),’’ after ‘‘sex,’’ each place that term appears. 

13 SEC. 11. EQUAL CREDIT OPPORTUNITY. 

14 (a) PROHIBITED DISCRIMINATION.—Section 

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

16 1691(a)(1)) is amended by inserting ‘‘sexual orientation, 

17 gender identity,’’ after ‘‘status,’’. 

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

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

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

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

22 (2) by inserting after subsection (e) the fol23 lowing: 

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

25 orientation’ have the meanings given those terms in sec26 tion 1101(a) of the Civil Rights Act of 1964. 


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1 ‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori2 gin’, ‘sex’, ‘sexual orientation’, ‘gender identity’, ‘marital 

3 status’, or ‘age’, used with respect to an individual, in4 cludes— 

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

6 sex, sexual orientation, gender identity, marital sta7 tus, or age, respectively, of another person with 

8 whom the individual is associated or has been associ9 ated; and 

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

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

12 sex, sexual orientation, gender identity, marital sta13 tus, or age, respectively, of the individual.’’; and 

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

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

16 Act of 1964 shall apply to this title, except that for pur17 poses of that application— 

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

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

20 and 

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

22 shall apply with respect to all aspects of a credit 

23 transaction.’’. 

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

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


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1 is amended by inserting ‘‘, sexual orientation, gender iden2 tity,’’ 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 ‘‘sexual ori14 entation, gender identity,’’ after ‘‘sex,’’; 

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

16 by inserting ‘‘sexual orientation, gender identity,’’ 

17 after ‘‘sex,’’; 

18 (3) in section 1869— 

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

20 the end; 

21 (B) in subsection (k), by striking the pe22 riod at the end and inserting a semicolon; and 

23 (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’, ‘sexual orienta5 tion’, ‘gender identity’, ‘economic status’, or ‘national ori6 gin’, used with respect to an individual, includes— 

7 ‘‘(1) the race, color, religion, sex, sexual ori8 entation, gender identity, economic status, or na9 tional origin, respectively, of another person with 

10 whom the individual is associated or has been associ11 ated; and 

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

13 concerning the race, color, religion, sex, sexual ori14 entation, gender identity, economic status, or na15 tional origin, respectively, of the individual.’’; and 

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

17 ‘‘§ 1879. Rules of construction and claims 

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

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

20 for purposes of that application, a reference in those sec21 tions to a ‘covered title’ shall be considered a reference 

22 to ‘this chapter’.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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


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1 States Code, is amended by adding at the end the fol2 lowing: 

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

Æ 


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