I 

114TH CONGRESS 

1ST SESSION H. R. 3185 

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

orientation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2015 

Mr. CICILLINE (for himself, Mr. POLIS, Mr. SEAN PATRICK MALONEY of New 

York, Mr. POCAN, Mr. TAKANO, Ms. SINEMA, Mr. AGUILAR, Mr. 

ASHFORD, Ms. BASS, Mr. BECERRA, Mr. BERA, Mr. BEYER, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. 

BROWNLEY of California, Mrs. BUSTOS, Mrs. CAPPS, Mr. CAPUANO, Mr. 

CA ́RDENAS, Mr. CARNEY, Mr. CARSON of Indiana, Mr. CARTWRIGHT, Ms. 

CASTOR of Florida, Mr. CASTRO of Texas, Ms. JUDY CHU of California, 

Ms. CLARK of Massachusetts, Mr. CLEAVER, Mr. COOPER, Mr. CONNOLLY, Mr. CONYERS, Mr. COURTNEY, Mr. CROWLEY, Mr. CUMMINGS, 

Mr. DANNY K. DAVIS of Illinois, Mrs. DAVIS of California, Mr. DEFAZIO, 

Ms. DEGETTE, Mr. DELANEY, Ms. DELAURO, Ms. DELBENE, Mr. 

DESAULNIER, Mr. DEUTCH, Mrs. DINGELL, Ms. EDWARDS, Mr. ELLISON, Mr. ENGEL, Ms. ESHOO, Ms. ESTY, Mr. FARR, Mr. FATTAH, Mr. 

FOSTER, Ms. FRANKEL of Florida, Ms. GABBARD, Mr. GALLEGO, Mr. 

GARAMENDI, Mr. GRAYSON, Mr. AL GREEN of Texas, Mr. GRIJALVA, Mr. 

GUTIE ́RREZ, Ms. HAHN, Mr. HASTINGS, Mr. HECK of Washington, Mr. 

HIGGINS, Mr. HINOJOSA, Ms. NORTON, Mr. HONDA, Mr. HOYER, Mr. 

HUFFMAN, Mr. ISRAEL, Ms. JACKSON LEE, Mr. JEFFRIES, Ms. KAPTUR, 

Mr. HIMES, Mr. JOHNSON of Georgia, Mr. KEATING, Ms. KELLY of Illinois, Mr. KENNEDY, Mr. KILDEE, Mr. KILMER, Ms. KUSTER, Mr. LANGEVIN, Mr. LARSON of Connecticut, Ms. LEE, Mr. LEVIN, Mr. LEWIS, 

Mr. TED LIEU of California, Mr. LOEBSACK, Ms. LOFGREN, Mr. 

LOWENTHAL, Mrs. LOWEY, Ms. MICHELLE LUJAN GRISHAM of New 

Mexico, Mr. BEN RAY LUJA ́N of New Mexico, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of New York, Ms. MATSUI, Ms. MCCOLLUM, Mr. 

MCDERMOTT, Mr. MCGOVERN, Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, 

Mr. MOULTON, Mr. MURPHY of Florida, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL, Mr. NOLAN, Mr. NORCROSS, Mr. O’ROURKE, Mr. PALLONE, Mr. PASCRELL, Ms. PELOSI, Mr. PETERS, Ms. PINGREE, Mr. 

PRICE of North Carolina, Mr. QUIGLEY, Miss RICE of New York, Ms. 

ROYBAL-ALLARD, Mr. RUIZ, Mr. RUSH, Mr. RYAN of Ohio, Ms. LINDA

T. SA ́NCHEZ of California, Ms. LORETTA SANCHEZ of California, Mr. 

SARBANES, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHRADER, Mr. SCOTT


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of Virginia, Mr. SERRANO, Mr. SHERMAN, Mr. SIRES, Ms. SLAUGHTER, 

Mr. SMITH of Washington, Ms. SPEIER, Mr. SWALWELL of California, 

Mr. TAKAI, Mr. THOMPSON of California, Mr. TONKO, Mrs. TORRES, Ms. 

TSONGAS, Mr. VAN HOLLEN, Mr. VARGAS, Mr. VEASEY, Ms. 

VELA ́ZQUEZ, Mr. WALZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON

COLEMAN, Mr. WELCH, Ms. WILSON of Florida, Mr. YARMUTH, Mr. 

COHEN, Mr. MICHAEL F. DOYLE of Pennsylvania, Mrs. KIRKPATRICK, 

Mr. LARSEN of Washington, Mr. RUPPERSBERGER, Mr. VELA, Ms. 

DUCKWORTH, Mr. DOGGETT, Mr. RANGEL, Mr. BRADY of Pennsylvania, 

Ms. TITUS, Mrs. BEATTY, Mr. PAYNE, Mrs. LAWRENCE, and Ms. SEWELL of Alabama) introduced the following bill; which was referred to 

the Committee on the Judiciary, and in addition to the Committees on 

Education and the Workforce, Financial Services, Oversight and Government Reform, and House Administration, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

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

8 sex, sexual orientation, gender identity, or preg9 nancy, childbirth, or a related medical condition of 

10 an individual, as well as because of sex-based stereo11 types. Each of these factors alone can serve as the 


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

2 discrimination. 

3 (2) A single instance of discrimination may 

4 have more than 1 basis. For example, discrimination 

5 against a married same-sex couple could be based on 

6 the sex stereotype that marriage should only be be7 tween heterosexual couples, the sexual orientation of 

8 the 2 individuals in the couple, or both. Discrimina9 tion against a pregnant lesbian could be based on 

10 her sex, her sexual orientation, her pregnancy, or on 

11 the basis of multiple factors. 

12 (3) Lesbian, gay, bisexual, and transgender (re13 ferred to as ‘‘LGBT’’) people commonly experience 

14 discrimination in securing access to public accom15 modations—including restaurants, stores, places of 

16 or establishments that provide entertainment, and 

17 transportation. Forms of discrimination include the 

18 exclusion and denial of entry, unequal or unfair 

19 treatment, harassment, and violence. This discrimi20 nation prevents the full participation of LGBT peo21 ple in society and disrupts the free flow of com22 merce. 

23 (4) Women also face discrimination, in estab24 lishments such as stores and restaurants, and places 

25 or establishments that provide other goods or servVerDate Sep 11 2014 05:21 Jul 27, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3185.IH H3185

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1 ices, such as entertainment or transportation, in2 cluding sexual harassment, differential pricing, and 

3 denial of services because they are pregnant or 

4 breastfeeding. 

5 (5) Regular and ongoing discrimination against 

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

7 accommodations contributes to negative social and 

8 economic outcomes. 

9 (6) Both LGBT 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 of the Constitution of the 

22 United States. 

23 (7) Workers who are LGBT, or are perceived to 

24 be LGBT, have been subjected to a history and pat25 tern of persistent, widespread, and pervasive disVerDate Sep 11 2014 05:21 Jul 27, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3185.IH H3185

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1 crimination on the bases of sexual orientation and 

2 gender identity by private sector employers and Fed3 eral, State, and local government employers. 

4 (8) 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 has 

11 explicitly interpreted sex discrimination to include 

12 sexual orientation and gender identity. 

13 (9) The absence of explicit prohibitions of dis14 crimination on the basis of sexual orientation and 

15 gender identity under Federal statutory law, as well 

16 as some conflicting case law on how broadly sex dis17 crimination provisions apply, has created uncertainty 

18 for employers and other entities covered by these 

19 laws. This lack of clear coverage also causes unnec20 essary hardships for LGBT people. 

21 (10) LGBT 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. LGBT people in same-sex relationships are 

25 often discriminated against when 2 names associated 


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1 with 1 gender appear on a housing application, and 

2 transgender people often encounter discrimination 

3 when credit checks or inquiries reveal a former 

4 name. 

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

7 Development, show that housing discrimination 

8 against LGBT 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. According to 

12 other studies, transgender people have half the 

13 homeownership rate of non-transgender people and 

14 about 1 in 5 transgender people experience home15 lessness. 

16 (12) As a result of the absence of explicit prohi17 bitions against discrimination on the basis of sexual 

18 orientation and gender identity, credit applicants 

19 who are LGBT, or perceived to be LGBT, have un20 equal opportunities to establish credit. LGBT people 

21 can experience being denied a mortgage, credit card, 

22 student loan, or many other types of credit simply 

23 because of their sexual orientation or gender iden24 tity. 


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1 (13) Numerous studies demonstrate that LGBT 

2 people, especially transgender people and women, are 

3 economically disadvantaged and at a higher risk for 

4 poverty compared with other groups of people. 

5 (14) The right to an impartial jury of one’s 

6 peers and the reciprocal right to jury service are 

7 fundamental to the free and democratic system of 

8 justice in the United States and are based in the 

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

10 and long-documented history in the United States of 

11 attorneys discriminating against LGBT individuals, 

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

13 Failure to bar peremptory challenges based on the 

14 actual or perceived sexual orientation or gender 

15 identity of an individual not only erodes a funda16 mental right, duty, and obligation of being a citizen 

17 of the United States, but also unfairly creates a sec18 ond class of citizenship for LGBT victims, witnesses, 

19 plaintiffs, and defendants. 

20 SEC. 3. PUBLIC ACCOMMODATIONS. 

21 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA22 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 

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


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

2 orientation, gender identity,’’ before ‘‘or national ori3 gin’’; and 

4 (2) in subsection (b)— 

5 (A) in paragraph (3), by striking ‘‘sta6 dium’’ and all that follows and inserting ‘‘sta7 dium or other place of or establishment that 

8 provides exhibition, entertainment, recreation, 

9 exercise, amusement, gathering, or display;’’; 

10 (B) by redesignating paragraph (4) as 

11 paragraph (6); and 

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

13 following: 

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

15 service, or program, including a store, shopping cen16 ter, online retailer or service provider, salon, bank, 

17 gas station, food bank, service or care center, shel18 ter, travel agency, or funeral parlor, or establish19 ment that provides health care, accounting, or legal 

20 services; 

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

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

23 place of or establishment that provides transpor24 tation service; and’’. 


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1 (b) PROHIBITION ON DISCRIMINATION OR SEGREGA2 TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 

3 2000a–1) is amended by inserting ‘‘sex, sexual orienta4 tion, gender identity,’’ before ‘‘or national origin’’. 

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

6 (42 U.S.C. 2000a et seq.) is amended by adding at the 

7 end the following: 

8 ‘‘SEC. 208. RULE OF CONSTRUCTION. 

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

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

11 whose operations affect commerce and who is a pro12 vider of a good, service, or program; and 

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

14 physical facility or place.’’. 

15 SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 

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

17 U.S.C. 2000b(a)) is amended by inserting ‘‘sex, sexual ori18 entation, gender identity,’’ before ‘‘or national origin’’. 

19 SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 

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

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

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

23 origin’’. 

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

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


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

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

3 (c) CLASSIFICATION AND ASSIGNMENT.—Section 410 

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

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

6 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, sexual ori10 entation, gender identity,’’ before ‘‘or national origin,’’. 

11 SEC. 7. EMPLOYMENT. 

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

13 Civil Rights Act of 1964 is amended by inserting after 

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

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

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

17 purposes of that application, a reference in that section 

18 to an ‘unlawful practice’ shall be considered to be a ref19 erence to an ‘unlawful employment practice’.’’. 

20 (b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 

21 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

22 2) is amended— 

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

24 and inserting ‘‘SEX, SEXUAL ORIENTATION, GENDER

25 IDENTITY,’’; 


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

2 each place it appears and inserting ‘‘sex, sexual ori3 entation, gender identity,’’; 

4 (3) in subsection (e)(1), by striking ‘‘enter5 prise,’’ and inserting ‘‘enterprise, if, in a situation in 

6 which sex is a bona fide occupational qualification, 

7 individuals are recognized as qualified in accordance 

8 with their gender identity,’’; and 

9 (4) in subsection (h), by striking ‘‘sex’’ the sec10 ond place it appears and inserting ‘‘sex, sexual ori11 entation, gender identity,’’. 

12 (c) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 

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

14 2000e–3(b)) is amended— 

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

16 and inserting ‘‘sex, sexual orientation, gender iden17 tity,’’; and 

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

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

20 bona fide occupational qualification, individuals are 

21 recognized as qualified in accordance with their gen22 der identity.’’. 

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

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


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1 striking ‘‘sex,’’ and inserting ‘‘sex, sexual orientation, gen2 der identity,’’. 

3 (e) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec4 tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 

5 2000e–16) is amended— 

6 (1) in subsection (a), by striking ‘‘sex,’’ and in7 serting ‘‘sex, sexual orientation, gender identity,’’; 

8 and 

9 (2) in subsection (c), by striking ‘‘sex’’ and in10 serting ‘‘sex, sexual orientation, gender identity,’’. 

11 (f) GOVERNMENT EMPLOYEE RIGHTS ACT OF

12 1991.—The Government Employee Rights Act of 1991 

13 (42 U.S.C. 2000e–16a et seq.) is amended— 

14 (1) in section 301(b), by striking ‘‘sex,’’ and in15 serting ‘‘sex, sexual orientation, gender identity,’’; 

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

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

18 and 

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

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

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

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

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

24 1106 to ‘race, color, religion, sex, sexual orientation, gen25 der identity, or national origin’ shall be considered to be 


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

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

3 (g) CONGRESSIONAL ACCOUNTABILITY ACT OF

4 1995.—The Congressional Accountability Act of 1995 (2 

5 U.S.C. 1301 et seq.) is amended— 

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

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

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

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

10 1311 et seq.) the following: 

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

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

13 Rights Act of 1964 shall apply to section 201 (and reme14 dial provisions of this Act related to section 201) except 

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

16 section 1106 to ‘race, color, religion, sex, sexual orienta17 tion, gender identity, or national origin’ shall be consid18 ered to be a reference to ‘race, color, religion, sex, sexual 

19 orientation, gender identity, national origin, age, or dis20 ability’.’’. 

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

22 23 of title 5, United States Code, is amended— 

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

24 and inserting ‘‘sex, sexual orientation, gender iden25 tity,’’; 


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1 (2) in section 2302— 

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

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

4 national origin,’’; and 

5 (B) in subsection (d)(1), by inserting ‘‘sex6 ual orientation, gender identity,’’ before ‘‘or na7 tional origin;’’; and 

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

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

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

11 Rights Act of 1964 shall apply to this chapter (and reme12 dial provisions of this title related to this chapter) 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, a handi18 capping condition, marital status, or political affiliation’.’’. 

19 SEC. 8. INTERVENTION. 

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

21 U.S.C. 2000h–2) is amended by inserting ‘‘, sexual ori22 entation, gender identity,’’ before ‘‘or national origin,’’. 

23 SEC. 9. MISCELLANEOUS. 

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


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1 (1) by redesignating sections 1101 through 

2 1104 (42 U.S.C. 2000h et seq.) and sections 1105 

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

4 1102 through 1105 and sections 1108 and 1109, re5 spectively; 

6 (2) by inserting after the title heading the fol7 lowing: 

8 ‘‘SEC. 1101. DEFINITIONS AND RULES. 

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

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

11 a ‘covered title’): 

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

13 ORIENTATION; GENDER IDENTITY; NATIONAL ORI14 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’, ‘sex15 ual orientation’, ‘gender identity’, or ‘national ori16 gin’, used with respect to an individual, includes— 

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

18 orientation, gender identity, or national origin, 

19 respectively, of another person with whom the 

20 individual is associated or has been associated; 

21 and 

22 ‘‘(B) a perception or belief, even if inac23 curate, concerning the race, color, religion, sex, 

24 sexual orientation, gender identity, or national 

25 origin, respectively, of the individual. 


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

2 identity’ means the gender-related identity, appear3 ance, mannerisms, or other gender-related character4 istics of an individual, regardless of the individual’s 

5 designated sex at birth. 

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

7 including, but not limited to, consistent with the 

8 term’s standard meaning in Federal law. 

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

10 ‘‘(A) a sex stereotype; 

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

12 medical condition; and 

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

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

15 orientation’ means homosexuality, heterosexuality, or 

16 bisexuality. 

17 ‘‘(b) RULES.—In a covered title referred to in sub18 section (a)— 

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

20 or a related medical condition shall not receive less 

21 favorable treatment than other physical conditions; 

22 and 

23 ‘‘(2) (with respect to gender identity) an indi24 vidual shall not be denied access to a shared facility, 

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


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

2 gender identity.’’; and 

3 (3) by inserting after section 1105 the fol4 lowing: 

5 ‘‘SEC. 1106. RULES OF CONSTRUCTION. 

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

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

8 specified in that section shall be construed— 

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

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

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

12 or 

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

14 practice on the basis of sex available under any pro15 vision of Federal law other than that covered title, 

16 prohibiting a practice on the basis of sex. 

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

18 Nothing in section 1101 or a covered title shall be con19 strued to limit the claims or remedies available to any indi20 vidual for an unlawful practice on the basis of race, color, 

21 religion, sex, sexual orientation, gender identity, or na22 tional origin including claims brought pursuant to section 

23 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 

24 1985) or any other law, including a Federal law amended 

25 by the Equality Act, regulation, or policy. 


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

2 1101 or a covered title shall be construed to support any 

3 inference that any Federal law prohibiting a practice on 

4 the basis of sex does not prohibit discrimination on the 

5 basis of pregnancy, childbirth, or a related medical condi6 tion, sexual orientation, gender identity, or a sex stereo7 type. 

8 ‘‘SEC. 1107. CLAIMS. 

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

10 U.S.C. 2000bb et seq.) shall not provide a claim con11 cerning, or a defense to a claim under, a covered title, 

12 or provide a basis for challenging the application or en13 forcement of a covered title.’’. 

14 SEC. 10. HOUSING. 

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

16 U.S.C. 3601 et seq.) is amended— 

17 (1) in section 802, by adding at the end the fol18 lowing: 

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

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

21 of the Civil Rights Act of 1964. 

22 ‘‘(q) ‘Race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orienta23 tion’, ‘gender identity’, ‘handicap’, ‘familial status’, or ‘na24 tional origin’, used with respect to an individual, in25 cludes— 


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1 ‘‘(1) the race, color, religion, sex, sexual ori2 entation, gender identity, handicap, familial status, 

3 or national origin, respectively, of another person 

4 with whom the individual is associated or has been 

5 associated; and 

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

7 concerning the race, color, religion, sex, sexual ori8 entation, gender identity, handicap, familial status, 

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

10 (2) in section 804, by inserting ‘‘sexual orienta11 tion, gender identity,’’ after ‘‘sex,’’ each place that 

12 term appears; 

13 (3) in section 805, by inserting ‘‘sexual orienta14 tion, gender identity,’’ after ‘‘sex,’’ each place that 

15 term appears; 

16 (4) in section 806, by inserting ‘‘sexual orienta17 tion, gender identity,’’ after ‘‘sex,’’; 

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

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

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

21 ‘‘SEC. 821. RULES OF CONSTRUCTION. 

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

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

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


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1 section 1101(b) or 1106 to a ‘covered title’ shall be consid2 ered a reference to ‘this title and section 901’. 

3 ‘‘SEC. 822. CLAIMS. 

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

5 apply to this title and section 901, except that for pur6 poses of that application, a reference in that section 1107 

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

8 title and section 901’.’’. 

9 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS10 ING CASES.—Section 901 of the Civil Rights Act of 1968 

11 (42 U.S.C. 3631) is amended by inserting ‘‘sexual orienta12 tion (as such term is defined in section 802 of this Act), 

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

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

15 SEC. 11. EQUAL CREDIT OPPORTUNITY. 

16 (a) PROHIBITED DISCRIMINATION.—Section 

17 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 

18 1691(a)(1)) is amended by inserting ‘‘sexual orientation, 

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

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

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

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

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

24 (2) by inserting after subsection (e) the fol25 lowing: 


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

2 orientation’ have the meanings given those terms in sec3 tion 1101(a) of the Civil Rights Act of 1964 (42 U.S.C. 

4 2000e). 

5 ‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori6 gin’, ‘sex’, ‘sexual orientation’, ‘gender identity’, ‘marital 

7 status’, or ‘age’, used with respect to an individual, in8 cludes— 

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

10 sex, sexual orientation, gender identity, marital sta11 tus, or age, respectively, of another person with 

12 whom the individual is associated or has been associ13 ated; and 

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

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

16 sex, sexual orientation, gender identity, marital sta17 tus, or age, respectively, of the individual.’’; and 

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

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

20 Act of 1964 shall apply to this title, except that for pur21 poses of that application— 

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

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

24 and 


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

2 shall apply with respect to all aspects of a credit 

3 transaction.’’. 

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

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

6 is amended by inserting ‘‘, sexual orientation, gender iden7 tity,’’ after ‘‘sex’’. 

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

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

10 adding at the end the following: 

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

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

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

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

15 SEC. 12. JURIES. 

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

17 States Code, is amended— 

18 (1) in section 1862, by inserting ‘‘sexual ori19 entation, gender identity,’’ after ‘‘sex,’’; 

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

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

22 after ‘‘sex,’’; 

23 (3) in section 1869— 

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

25 the end; 


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1 (B) in subsection (k), by striking the pe2 riod at the end and inserting a semicolon; and 

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

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

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

6 of the Civil Rights Act of 1964; and 

7 ‘‘(m) ‘race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orienta8 tion’, ‘gender identity’, ‘economic status’, or ‘national ori9 gin’, used with respect to an individual, includes— 

10 ‘‘(1) the race, color, religion, sex, sexual ori11 entation, gender identity, economic status, or na12 tional origin, respectively, of another person with 

13 whom the individual is associated or has been associ14 ated; and 

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

16 concerning the race, color, religion, sex, sexual ori17 entation, gender identity, economic status, or na18 tional origin, respectively, of the individual.’’; and 

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

20 ‘‘§ 1879. Rules of construction and claims 

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

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

23 for purposes of that application, a reference in those sec24 tions to a ‘covered title’ shall be considered a reference 

25 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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