I 

114TH CONGRESS 

2D SESSION H. R. 5586 

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 

JUNE 24, 2016 

Mrs. WATSON COLEMAN (for herself, Mr. CICILLINE, Mr. GRAYSON, Mr. HASTINGS, Mr. HONDA, Ms. LEE, Mr. LEVIN, Mr. LOWENTHAL, Mr. SEAN

PATRICK MALONEY of New York, Ms. MCCOLLUM, Ms. MENG, Ms. NORTON, Mr. PETERS, Ms. SCHAKOWSKY, Mr. SERRANO, Ms. SPEIER, Mr. 

SWALWELL of California, and Ms. VELA ́ZQUEZ) 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, 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) DEFINITIONS AND RULES OF CONSTRUCTION.— 

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

9 by adding at the end the following: 

10 ‘‘SEC. 208. DEFINITIONS AND RULES. 

11 ‘‘(a) DEFINITIONS.— 

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 this title— 

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

19 or a related medical condition shall not receive less 

20 favorable treatment than other physical conditions; 

21 and 

22 ‘‘(2) (with respect to gender identity) an indi23 vidual shall not be denied access to a shared facility, 

24 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. 

3 ‘‘SEC. 209. RULES OF CONSTRUCTION. 

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

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

6 or remedies available to any individual for an unlawful 

7 practice on the basis of race, color, religion, sex, sexual 

8 orientation, gender identity, or national origin including 

9 claims brought pursuant to section 1979 or 1980 of the 

10 Revised Statutes (42 U.S.C. 1983, 1985) or any other 

11 law, including the Federal law amended by the Customer 

12 Non-Discrimination Act, regulation, or policy. 

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

14 title shall be construed to support any inference that any 

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

16 not prohibit discrimination on the basis of pregnancy, 

17 childbirth, or a related medical condition, sexual orienta18 tion, gender identity, or a sex stereotype. 

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

20 this title to an establishment— 

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

22 whose operations affect commerce and who is a pro23 vider of a good, service, or program; and 

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

25 physical facility or place. 


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1 ‘‘SEC. 210. CLAIMS. 

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

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

5 a basis for challenging the application or enforcement of 

6 this title.’’. 

Æ 


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