I 

116TH CONGRESS 

1ST SESSION H. R. 2687 

To prohibit discrimination in public accommodations on the basis of sex, 

gender identity, and sexual orientation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2019 

Mrs. WATSON COLEMAN (for herself, Mr. BLUMENAUER, Ms. CLARKE of New 

York, Mr. COHEN, Mrs. DEMINGS, Ms. ESHOO, Mr. KILMER, Ms. LEE

of California, Mr. LOWENTHAL, Ms. MCCOLLUM, Mr. MOULTON, Ms. 

NORTON, Mr. PASCRELL, Mr. PAYNE, Mr. POCAN, Mr. PRICE of North 

Carolina, Mr. RUIZ, Mr. RYAN, Ms. SCHAKOWSKY, Mr. SMITH of Washington, Mr. SWALWELL of California, and Mr. TONKO) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To prohibit discrimination in public accommodations 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 ‘‘Customer Non-Dis5 crimination Act’’. 


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1 SEC. 2. 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 (includ6 ing sexual orientation and gender identity),’’ before 

7 ‘‘or national origin’’; 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 (including sexual 

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

8 (c) DEFINITIONS AND RULES OF CONSTRUCTION.— 

9 Title II of such Act (42 U.S.C. 2000a et seq.) is amended 

10 by adding at the end the following: 

11 ‘‘SEC. 208. DEFINITIONS AND RULES. 

12 ‘‘(a) DEFINITIONS.— 

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

14 ORIENTATION; GENDER IDENTITY; NATIONAL ORI15 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex (includ16 ing sexual orientation and gender identity)’, or ‘na17 tional origin’, used with respect to an individual, in18 cludes— 

19 ‘‘(A) the race, color, religion, sex (includ20 ing sexual orientation and gender identity), or 

21 national origin, respectively, of another person 

22 with whom the individual is associated or has 

23 been associated; and 

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


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1 (including sexual orientation and gender iden2 tity), or national origin, respectively, of the in3 dividual. 

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

5 identity’ means the gender-related identity, appear6 ance, mannerisms, or other gender-related character7 istics of an individual, regardless of the individual’s 

8 designated sex at birth. 

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

10 including, but not limited to, consistent with the 

11 term’s standard meaning in Federal law. 

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

13 ‘‘(A) a sex stereotype; 

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

15 medical condition; 

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

17 and 

18 ‘‘(D) sex characteristics, including intersex 

19 traits. 

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

21 orientation’ means homosexuality, heterosexuality, or 

22 bisexuality. 

23 ‘‘(b) RULES.—In this title— 

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

25 or a related medical condition shall not receive less 


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1 favorable treatment than other physical conditions; 

2 and 

3 ‘‘(2) (with respect to gender identity) an indi4 vidual shall not be denied access to a shared facility, 

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

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

7 gender identity. 

8 ‘‘SEC. 209. RULES OF CONSTRUCTION. 

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

10 Nothing in this title shall be construed to limit the claims 

11 or remedies available to any individual for an unlawful 

12 practice on the basis of race, color, religion, sex (including 

13 sexual orientation and gender identity), or national origin 

14 including claims brought pursuant to section 1979 or 

15 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or 

16 any other law, including the Federal law amended by the 

17 Customer Non-Discrimination Act, regulation, or policy. 

18 ‘‘(b) NO NEGATIVE INFERENCE.—Nothing in this 

19 title shall be construed to support any inference that any 

20 Federal law prohibiting a practice on the basis of sex does 

21 not prohibit discrimination on the basis of pregnancy, 

22 childbirth, or a related medical condition, sexual orienta23 tion, gender identity, or a sex stereotype. 

24 ‘‘(c) SCOPE OF AN ESTABLISHMENT.—A reference in 

25 this title to an establishment— 


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

2 whose operations affect commerce and who is a pro3 vider of a good, service, or program; and 

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

5 physical facility or place. 

6 ‘‘SEC. 210. 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 this title or provide 

10 a basis for challenging the application or enforcement of 

11 this title.’’. 

Æ 


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