II 

114TH CONGRESS 

1ST SESSION S. 1858 

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

orientation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2015 

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

BLUMENTHAL, Mrs. BOXER, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, 

Mr. CARPER, Mr. COONS, Mr. DURBIN, Mrs. FEINSTEIN, Mr. FRANKEN, 

Mrs. GILLIBRAND, Mr. HEINRICH, Ms. HIRONO, Mr. KAINE, Mr. KING, 

Ms. KLOBUCHAR, Mr. LEAHY, Mr. MARKEY, Mrs. MCCASKILL, Mr. 

MENENDEZ, Ms. MIKULSKI, Mr. MURPHY, Mrs. MURRAY, Mr. PETERS, 

Mr. REED, Mr. REID, Mr. SANDERS, Mr. SCHATZ, Mr. SCHUMER, Mrs. 

SHAHEEN, Ms. STABENOW, Mr. UDALL, 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’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 


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

2 sex, sexual orientation, gender identity, or preg3 nancy, childbirth, or a related medical condition of 

4 an individual, as well as because of sex-based stereo5 types. Each of these factors alone can serve as the 

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

7 discrimination. 

8 (2) A single instance of discrimination may 

9 have more than 1 basis. For example, discrimination 

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

11 the sex stereotype that marriage should only be be12 tween heterosexual couples, the sexual orientation of 

13 the 2 individuals in the couple, or both. Discrimina14 tion against a pregnant lesbian could be based on 

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

16 the basis of multiple factors. 

17 (3) Lesbian, gay, bisexual, and transgender (re18 ferred to as ‘‘LGBT’’) people commonly experience 

19 discrimination in securing access to public accom20 modations—including restaurants, stores, places of 

21 or establishments that provide entertainment, and 

22 transportation. Forms of discrimination include the 

23 exclusion and denial of entry, unequal or unfair 

24 treatment, harassment, and violence. This discrimi25 nation prevents the full participation of LGBT peoVerDate Sep 11 2014 04:54 Jul 27, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1858.IS S1858

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1 ple in society and disrupts the free flow of com2 merce. 

3 (4) Women also face discrimination, in estab4 lishments such as stores and restaurants, and places 

5 or establishments that provide other goods or serv6 ices, such as entertainment or transportation, in7 cluding sexual harassment, differential pricing, and 

8 denial of services because they are pregnant or 

9 breastfeeding. 

10 (5) Regular and ongoing discrimination against 

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

12 accommodations contributes to negative social and 

13 economic outcomes. 

14 (6) Both LGBT people and women face wide15 spread discrimination in employment and various 

16 services, including by entities that receive Federal fi17 nancial assistance. Such discrimination— 

18 (A) is particularly troubling and inappro19 priate for programs and services funded wholly 

20 or in part by the Federal Government; 

21 (B) undermines national progress toward 

22 equal treatment regardless of sex, sexual ori23 entation, or gender identity; and 

24 (C) is inconsistent with the constitutional 

25 principle of equal protection under the FourVerDate Sep 11 2014 04:54 Jul 27, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1858.IS S1858

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1 teenth Amendment of the Constitution of the 

2 United States. 

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

4 be LGBT, have been subjected to a history and pat5 tern of persistent, widespread, and pervasive dis6 crimination on the bases of sexual orientation and 

7 gender identity by private sector employers and Fed8 eral, State, and local government employers. 

9 (8) Numerous provisions of Federal law ex10 pressly prohibit discrimination on the basis of sex, 

11 and Federal agencies and courts have correctly in12 terpreted these prohibitions on sex discrimination to 

13 include discrimination based on sexual orientation, 

14 gender identity, and sex stereotypes. In particular, 

15 the Equal Employment Opportunity Commission has 

16 explicitly interpreted sex discrimination to include 

17 sexual orientation and gender identity. 

18 (9) The absence of explicit prohibitions of dis19 crimination on the basis of sexual orientation and 

20 gender identity under Federal statutory law, as well 

21 as some conflicting case law on how broadly sex dis22 crimination provisions apply, has created uncertainty 

23 for employers and other entities covered by these 

24 laws. This lack of clear coverage also causes unnec25 essary hardships for LGBT people. 


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1 (10) LGBT people often face discrimination 

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

3 in every other aspect of obtaining and maintaining 

4 housing. LGBT people in same-sex relationships are 

5 often discriminated against when 2 names associated 

6 with 1 gender appear on a housing application, and 

7 transgender people often encounter discrimination 

8 when credit checks or inquiries reveal a former 

9 name. 

10 (11) National surveys, including a study com11 missioned by the Department of Housing and Urban 

12 Development, show that housing discrimination 

13 against LGBT people is very prevalent. For in14 stance, when same-sex couples inquire about housing 

15 that is available for rent, they are less likely to re16 ceive positive responses from landlords. According to 

17 other studies, transgender people have half the 

18 homeownership rate of non-transgender people and 

19 about 1 in 5 transgender people experience home20 lessness. 

21 (12) As a result of the absence of explicit prohi22 bitions against discrimination on the basis of sexual 

23 orientation and gender identity, credit applicants 

24 who are LGBT, or perceived to be LGBT, have un25 equal opportunities to establish credit. LGBT people 


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1 can experience being denied a mortgage, credit card, 

2 student loan, or many other types of credit simply 

3 because of their sexual orientation or gender iden4 tity. 

5 (13) Numerous studies demonstrate that LGBT 

6 people, especially transgender people and women, are 

7 economically disadvantaged and at a higher risk for 

8 poverty compared with other groups of people. 

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

10 peers and the reciprocal right to jury service are 

11 fundamental to the free and democratic system of 

12 justice in the United States and are based in the 

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

14 and long-documented history in the United States of 

15 attorneys discriminating against LGBT individuals, 

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

17 Failure to bar peremptory challenges based on the 

18 actual or perceived sexual orientation or gender 

19 identity of an individual not only erodes a funda20 mental right, duty, and obligation of being a citizen 

21 of the United States, but also unfairly creates a sec22 ond class of citizenship for LGBT victims, witnesses, 

23 plaintiffs, and defendants. 


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1 SEC. 3. PUBLIC ACCOMMODATIONS. 

2 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA3 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 

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

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

6 orientation, gender identity,’’ before ‘‘or national ori7 gin’’; and 

8 (2) in subsection (b)— 

9 (A) in paragraph (3), by striking ‘‘sta10 dium’’ and all that follows and inserting ‘‘sta11 dium or other place of or establishment that 

12 provides exhibition, entertainment, recreation, 

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

14 (B) by redesignating paragraph (4) as 

15 paragraph (6); and 

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

17 following: 

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

19 service, or program, including a store, shopping cen20 ter, online retailer or service provider, salon, bank, 

21 gas station, food bank, service or care center, shel22 ter, travel agency, or funeral parlor, or establish23 ment that provides health care, accounting, or legal 

24 services; 

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

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


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1 place of or establishment that provides transpor2 tation service; and’’. 

3 (b) PROHIBITION ON DISCRIMINATION OR SEGREGA4 TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 

5 2000a–1) is amended by inserting ‘‘sex, sexual orienta6 tion, gender identity,’’ before ‘‘or national origin’’. 

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

8 (42 U.S.C. 2000a et seq.) is amended by adding at the 

9 end the following: 

10 ‘‘SEC. 208. RULE OF CONSTRUCTION. 

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

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

13 whose operations affect commerce and who is a pro14 vider of a good, service, or program; and 

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

16 physical facility or place.’’. 

17 SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 

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

19 U.S.C. 2000b(a)) is amended by inserting ‘‘sex, sexual ori20 entation, gender identity,’’ before ‘‘or national origin’’. 

21 SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 

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

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

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

25 origin’’. 


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

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

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

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

5 (c) CLASSIFICATION AND ASSIGNMENT.—Section 410 

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

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

8 origin’’. 

9 SEC. 6. FEDERAL FUNDING. 

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

11 U.S.C. 2000d) is amended by inserting ‘‘sex, sexual ori12 entation, gender identity,’’ before ‘‘or national origin,’’. 

13 SEC. 7. EMPLOYMENT. 

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

15 Civil Rights Act of 1964 is amended by inserting after 

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

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

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

19 purposes of that application, a reference in that section 

20 to an ‘unlawful practice’ shall be considered to be a ref21 erence to an ‘unlawful employment practice’.’’. 

22 (b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 

23 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

24 2) is amended— 


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

2 and inserting ‘‘SEX, SEXUAL ORIENTATION, GENDER

3 IDENTITY,’’; 

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

5 each place it appears and inserting ‘‘sex, sexual ori6 entation, 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, sexual ori14 entation, 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, sexual orientation, gender iden20 tity,’’; 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, sexual orientation, gen4 der 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, sexual orientation, gender identity,’’; 

10 and 

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

13 (f) GOVERNMENT EMPLOYEE RIGHTS ACT OF

14 1991.—The Government Employee Rights Act of 1991 

15 (42 U.S.C. 2000e–16a et seq.) is amended— 

16 (1) in section 301(b), by striking ‘‘sex,’’ and in17 serting ‘‘sex, sexual orientation, gender identity,’’; 

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

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

20 and 

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

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

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

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

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


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1 1106 to ‘race, color, religion, sex, sexual orientation, gen2 der identity, or national origin’ shall be considered to be 

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

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

5 (g) CONGRESSIONAL ACCOUNTABILITY ACT OF

6 1995.—The Congressional Accountability Act of 1995 (2 

7 U.S.C. 1301 et seq.) is amended— 

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

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

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

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

12 1311 et seq.) the following: 

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

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

15 Rights Act of 1964 shall apply to section 201 (and reme16 dial provisions of this Act related to section 201) except 

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

18 section 1106 to ‘race, color, religion, sex, sexual orienta19 tion, gender identity, or national origin’ shall be consid20 ered to be a reference to ‘race, color, religion, sex, sexual 

21 orientation, gender identity, national origin, age, or dis22 ability’.’’. 

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

24 23 of title 5, United States Code, is amended— 


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

2 and inserting ‘‘sex, sexual orientation, gender iden3 tity,’’; 

4 (2) in section 2302— 

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

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

7 national origin,’’; and 

8 (B) in subsection (d)(1), by inserting ‘‘sex9 ual orientation, gender identity,’’ before ‘‘or na10 tional origin;’’; and 

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

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

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

14 Rights Act of 1964 shall apply to this chapter (and reme15 dial provisions of this title related to this chapter) except 

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

17 section 1106 to ‘race, color, religion, sex, sexual orienta18 tion, gender identity, or national origin’ shall be consid19 ered to be a reference to ‘race, color, religion, sex, sexual 

20 orientation, gender identity, national origin, age, a handi21 capping condition, marital status, or political affiliation’.’’. 

22 SEC. 8. INTERVENTION. 

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

24 U.S.C. 2000h–2) is amended by inserting ‘‘, sexual ori25 entation, gender identity,’’ before ‘‘or national origin,’’. 


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1 SEC. 9. MISCELLANEOUS. 

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

3 (1) by redesignating sections 1101 through 

4 1104 (42 U.S.C. 2000h et seq.) and sections 1105 

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

6 1102 through 1105 and sections 1108 and 1109, re7 spectively; 

8 (2) by inserting after the title heading the fol9 lowing: 

10 ‘‘SEC. 1101. DEFINITIONS AND RULES. 

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

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

13 a ‘covered title’): 

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

15 ORIENTATION; GENDER IDENTITY; NATIONAL ORI16 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’, ‘sex17 ual orientation’, ‘gender identity’, or ‘national ori18 gin’, used with respect to an individual, includes— 

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

20 orientation, gender identity, or national origin, 

21 respectively, of another person with whom the 

22 individual is associated or has been associated; 

23 and 

24 ‘‘(B) a perception or belief, even if inac25 curate, concerning the race, color, religion, sex, 


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1 sexual orientation, gender identity, or national 

2 origin, respectively, of the individual. 

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

4 identity’ means the gender-related identity, appear5 ance, mannerisms, or other gender-related character6 istics of an individual, regardless of the individual’s 

7 designated sex at birth. 

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

9 including, but not limited to, consistent with the 

10 term’s standard meaning in Federal law. 

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

12 ‘‘(A) a sex stereotype; 

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

14 medical condition; and 

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

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

17 orientation’ means homosexuality, heterosexuality, or 

18 bisexuality. 

19 ‘‘(b) RULES.—In a covered title referred to in sub20 section (a)— 

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

22 or a related medical condition shall not receive less 

23 favorable treatment than other physical conditions; 

24 and 


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1 ‘‘(2) (with respect to gender identity) an indi2 vidual shall not be denied access to a shared facility, 

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

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

5 gender identity.’’; and 

6 (3) by inserting after section 1105 the fol7 lowing: 

8 ‘‘SEC. 1106. RULES OF CONSTRUCTION. 

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

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

11 specified in that section shall be construed— 

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

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

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

15 or 

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

17 practice on the basis of sex available under any pro18 vision of Federal law other than that covered title, 

19 prohibiting a practice on the basis of sex. 

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

21 Nothing in section 1101 or a covered title shall be con22 strued to limit the claims or remedies available to any indi23 vidual for an unlawful practice on the basis of race, color, 

24 religion, sex, sexual orientation, gender identity, or na25 tional origin including claims brought pursuant to section 


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1 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 

2 1985) or any other law, including a Federal law amended 

3 by the Equality Act, regulation, or policy. 

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

5 1101 or a covered title shall be construed to support any 

6 inference that any Federal law prohibiting a practice on 

7 the basis of sex does not prohibit discrimination on the 

8 basis of pregnancy, childbirth, or a related medical condi9 tion, sexual orientation, gender identity, or a sex stereo10 type. 

11 ‘‘SEC. 1107. CLAIMS. 

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

13 U.S.C. 2000bb et seq.) shall not provide a claim con14 cerning, or a defense to a claim under, a covered title, 

15 or provide a basis for challenging the application or en16 forcement of a covered title.’’. 

17 SEC. 10. HOUSING. 

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

19 U.S.C. 3601 et seq.) is amended— 

20 (1) in section 802, by adding at the end the fol21 lowing: 

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

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

24 of the Civil Rights Act of 1964. 


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1 ‘‘(q) ‘Race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orienta2 tion’, ‘gender identity’, ‘handicap’, ‘familial status’, or ‘na3 tional origin’, used with respect to an individual, in4 cludes— 

5 ‘‘(1) the race, color, religion, sex, sexual ori6 entation, gender identity, handicap, familial status, 

7 or national origin, respectively, of another person 

8 with whom the individual is associated or has been 

9 associated; and 

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

11 concerning the race, color, religion, sex, sexual ori12 entation, gender identity, handicap, familial status, 

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

14 (2) in section 804, by inserting ‘‘sexual orienta15 tion, gender identity,’’ after ‘‘sex,’’ each place that 

16 term appears; 

17 (3) in section 805, by inserting ‘‘sexual orienta18 tion, gender identity,’’ after ‘‘sex,’’ each place that 

19 term appears; 

20 (4) in section 806, by inserting ‘‘sexual orienta21 tion, gender identity,’’ after ‘‘sex,’’; 

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

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

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


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1 ‘‘SEC. 821. RULES OF CONSTRUCTION. 

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

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

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

5 section 1101(b) or 1106 to a ‘covered title’ shall be consid6 ered a reference to ‘this title and section 901’. 

7 ‘‘SEC. 822. CLAIMS. 

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

9 apply to this title and section 901, except that for pur10 poses of that application, a reference in that section 1107 

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

12 title and section 901’.’’. 

13 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS14 ING CASES.—Section 901 of the Civil Rights Act of 1968 

15 (42 U.S.C. 3631) is amended by inserting ‘‘sexual orienta16 tion (as such term is defined in section 802 of this Act), 

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

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

19 SEC. 11. EQUAL CREDIT OPPORTUNITY. 

20 (a) PROHIBITED DISCRIMINATION.—Section 

21 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 

22 1691(a)(1)) is amended by inserting ‘‘sexual orientation, 

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

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

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


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

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

3 (2) by inserting after subsection (e) the fol4 lowing: 

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

6 orientation’ have the meanings given those terms in sec7 tion 1101(a) of the Civil Rights Act of 1964 (42 U.S.C. 

8 2000e). 

9 ‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori10 gin’, ‘sex’, ‘sexual orientation’, ‘gender identity’, ‘marital 

11 status’, or ‘age’, used with respect to an individual, in12 cludes— 

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

14 sex, sexual orientation, gender identity, marital sta15 tus, or age, respectively, of another person with 

16 whom the individual is associated or has been associ17 ated; and 

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

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

20 sex, sexual orientation, gender identity, marital sta21 tus, or age, respectively, of the individual.’’; and 

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

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

24 Act of 1964 shall apply to this title, except that for pur25 poses of that application— 


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

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

3 and 

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

5 shall apply with respect to all aspects of a credit 

6 transaction.’’. 

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

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

9 is amended by inserting ‘‘, sexual orientation, gender iden10 tity,’’ after ‘‘sex’’. 

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

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

13 adding at the end the following: 

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

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

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

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

18 SEC. 12. JURIES. 

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

20 States Code, is amended— 

21 (1) in section 1862, by inserting ‘‘sexual ori22 entation, gender identity,’’ after ‘‘sex,’’; 

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

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

25 after ‘‘sex,’’; 


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1 (3) in section 1869— 

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

3 the end; 

4 (B) in subsection (k), by striking the pe5 riod at the end and inserting a semicolon; and 

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

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

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

9 of the Civil Rights Act of 1964; and 

10 ‘‘(m) ‘race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orienta11 tion’, ‘gender identity’, ‘economic status’, or ‘national ori12 gin’, used with respect to an individual, includes— 

13 ‘‘(1) the race, color, religion, sex, sexual ori14 entation, gender identity, economic status, or na15 tional origin, respectively, of another person with 

16 whom the individual is associated or has been associ17 ated; and 

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

19 concerning the race, color, religion, sex, sexual ori20 entation, gender identity, economic status, or na21 tional origin, respectively, of the individual.’’; and 

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

23 ‘‘§ 1879. Rules of construction and claims 

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

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


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23 

•S 1858 IS

1 for purposes of that application, a reference in those sec2 tions to a ‘covered title’ shall be considered a reference 

3 to ‘this chapter’.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

6 States Code, is amended by adding at the end the fol7 lowing: 

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

Æ 


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