II 

117TH CONGRESS 

1ST SESSION S. 393 

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

orientation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 23, 2021 

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, Mrs. GILLIBRAND, Ms. HASSAN, Mr. HEINRICH, Mr. HICKENLOOPER, Ms. HIRONO, Mr. KAINE, Mr. KELLY, Mr. 

KING, Ms. KLOBUCHAR, Mr. LEAHY, Mr. LUJA ́N, Mr. MARKEY, Mr. 

MENENDEZ, Mr. MURPHY, Mrs. MURRAY, Mr. OSSOFF, Mr. PADILLA, 

Mr. PETERS, Mr. REED, Ms. ROSEN, Mr. SANDERS, Mr. SCHATZ, Mr. 

SCHUMER, Mrs. SHAHEEN, Ms. SINEMA, Ms. SMITH, Ms. STABENOW, 

Mr. TESTER, Mr. VAN HOLLEN, Mr. WARNER, Mr. WARNOCK, 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, pregnancy, 

5 childbirth, or a related medical condition of an indi6 vidual, as well as because of sex-based stereotypes. 

7 Each of these factors alone can serve as the basis 

8 for discrimination, and each is a form of sex dis9 crimination. 

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. In addition, some persons are subjected to dis17 crimination based on a combination or the intersec18 tion of multiple protected characteristics. Discrimi19 nation against a pregnant lesbian could be based on 

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

21 the basis of multiple factors. 

22 (3) Lesbian, gay, bisexual, transgender, and 

23 queer (referred to as ‘‘LGBTQ’’) people commonly 

24 experience discrimination in securing access to pub25 lic accommodations—including restaurants, senior 

26 centers, stores, places of or establishments that proVerDate Sep 11 2014 17:22 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S393.IS S393
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1 vide entertainment, health care facilities, shelters, 

2 government offices, youth service providers including 

3 adoption and foster care providers, and transpor4 tation. Forms of discrimination include the exclusion 

5 and denial of entry, unequal or unfair treatment, 

6 harassment, and violence. This discrimination pre7 vents the full participation of LGBTQ people in so8 ciety and disrupts the free flow of commerce. 

9 (4) Women also have faced discrimination in 

10 many establishments such as stores and restaurants, 

11 and places or establishments that provide other 

12 goods or services, such as entertainment or transpor13 tation, including sexual harassment, differential pric14 ing for substantially similar products and services, 

15 and denial of services because they are pregnant or 

16 breastfeeding. 

17 (5) Many employers already and continue to 

18 take proactive steps, beyond those required by some 

19 States and localities, to ensure they are fostering 

20 positive and respectful cultures for all employees. 

21 Many places of public accommodation also recognize 

22 the economic imperative to offer goods and services 

23 to as many consumers as possible. 

24 (6) Regular and ongoing discrimination against 

25 LGBTQ people, as well as women, in accessing pubVerDate Sep 11 2014 17:22 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S393.IS S393
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1 lic accommodations contributes to negative social 

2 and economic outcomes, and in the case of public ac3 commodations operated by State and local govern4 ments, abridges individuals’ constitutional rights. 

5 (7) The discredited practice known as ‘‘conver6 sion therapy’’ is a form of discrimination that harms 

7 LGBTQ people by undermining individuals’ sense of 

8 self worth, increasing suicide ideation and substance 

9 abuse, exacerbating family conflict, and contributing 

10 to second-class status. 

11 (8) Both LGBTQ people and women face wide12 spread discrimination in employment and various 

13 services, including by entities that receive Federal fi14 nancial assistance. Such discrimination— 

15 (A) is particularly troubling and inappro16 priate for programs and services funded wholly 

17 or in part by the Federal Government; 

18 (B) undermines national progress toward 

19 equal treatment regardless of sex, sexual ori20 entation, or gender identity; and 

21 (C) is inconsistent with the constitutional 

22 principle of equal protection under the Four23 teenth Amendment to the Constitution of the 

24 United States. 

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1 (9) Federal courts have widely recognized that, 

2 in enacting the Civil Rights Act of 1964, Congress 

3 validly invoked its powers under the Fourteenth 

4 Amendment to provide a full range of remedies in 

5 response to persistent, widespread, and pervasive 

6 discrimination by both private and government ac7 tors. 

8 (10) Discrimination by State and local govern9 ments on the basis of sexual orientation or gender 

10 identity in employment, housing, and public accom11 modations, and in programs and activities receiving 

12 Federal financial assistance, violates the Equal Pro13 tection Clause of the Fourteenth Amendment to the 

14 Constitution of the United States. In many cir15 cumstances, such discrimination also violates other 

16 constitutional rights such as those of liberty and pri17 vacy under the due process clause of the Fourteenth 

18 Amendment. 

19 (11) Individuals who are LGBTQ, or are per20 ceived to be LGBTQ, have been subjected to a his21 tory and pattern of persistent, widespread, and per22 vasive discrimination on the bases of sexual orienta23 tion and gender identity by both private sector and 

24 Federal, State, and local government actors, includ25 ing in employment, housing, and public accommodaVerDate Sep 11 2014 17:22 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S393.IS S393
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1 tions, and in programs and activities receiving Fed2 eral financial assistance. This discrimination inflicts 

3 a range of tangible and intangible harms, sometimes 

4 even including serious physical injury or death. An 

5 explicit and comprehensive national solution is need6 ed to address this discrimination, including the full 

7 range of remedies available under the Civil Rights 

8 Act of 1964. 

9 (12) Discrimination based on sexual orientation 

10 includes discrimination based on an individual’s ac11 tual or perceived romantic, emotional, physical, or 

12 sexual attraction to other persons, or lack thereof, 

13 on the basis of gender. LGBTQ people, including 

14 gender nonbinary people, also commonly experience 

15 discrimination because of sex-based stereotypes. 

16 Many people are subjected to discrimination because 

17 of others’ perceptions or beliefs regarding their sex18 ual orientation. Even if these perceptions are incor19 rect, the identity imputed by others forms the basis 

20 of discrimination. 

21 (13) Numerous provisions of Federal law ex22 pressly prohibit discrimination on the basis of sex, 

23 and Federal courts and agencies have correctly in24 terpreted these prohibitions on sex discrimination to 

25 include discrimination based on sexual orientation, 

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1 gender identity, and sex stereotypes. In particular, 

2 the Supreme Court of the United States correctly 

3 held in Bostock v. Clayton County, 140 S. Ct. 1731 

4 (2020) that the prohibition on employment discrimi5 nation because of sex under title VII of the Civil 

6 Rights Act of 1964 inherently includes discrimina7 tion because of sexual orientation or transgender 

8 status. 

9 (14) This Act makes explicit that existing Fed10 eral statutes prohibiting sex discrimination in em11 ployment (including in access to benefits), 

12 healthcare, housing, education, credit, and jury serv13 ice also prohibit sexual orientation and gender iden14 tity discrimination. 

15 (15) LGBTQ 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. LGBTQ people in same-sex relationships 

19 are often discriminated against when two names as20 sociated with one gender appear on a housing appli21 cation, and transgender people often encounter dis22 crimination when credit checks or inquiries reveal a 

23 former name. 

24 (16) 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 LGBTQ 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. A national 

6 matched-pair testing investigation found that nearly 

7 one-half of same-sex couples had encountered ad8 verse, differential treatment when seeking elder 

9 housing. According to other studies, transgender 

10 people have half the homeownership rate of non11 transgender people and about 1 in 5 transgender 

12 people experience homelessness. Another survey 

13 found that 82 percent of gender nonbinary people 

14 experiencing homelessness lacked access to shelter. 

15 (17) As a result of the absence of explicit prohi16 bitions against discrimination on the basis of sexual 

17 orientation and gender identity, credit applicants 

18 who are LGBTQ, or are perceived to be LGBTQ, 

19 have unequal opportunities to establish credit. 

20 LGBTQ people can experience being denied a mort21 gage, credit card, student loan, or many other types 

22 of credit simply because of their sexual orientation 

23 or gender identity. 

24 (18) Numerous studies demonstrate that 

25 LGBTQ people, especially transgender people and 

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1 women, are economically disadvantaged and at a 

2 higher risk for poverty compared with other groups 

3 of people. For example, the poverty rate for older 

4 women in same-sex couples is twice that of older dif5 ferent-sex couples. 

6 (19) The right to an impartial jury of one’s 

7 peers and the reciprocal right to jury service are 

8 fundamental to the free and democratic system of 

9 justice in the United States and are based in the 

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

11 and long-documented history in the United States of 

12 attorneys discriminating against LGBTQ individ13 uals, or those perceived to be LGBTQ, in jury selec14 tion. Failure to bar peremptory challenges based on 

15 the actual or perceived sexual orientation or gender 

16 identity of an individual not only erodes a funda17 mental right, duty, and obligation of being a citizen 

18 of the United States, but also unfairly creates a sec19 ond class of citizenship for LGBTQ victims, wit20 nesses, plaintiffs, and defendants. 

21 (20) Numerous studies document the shortage 

22 of qualified and available homes for the approxi23 mately 424,000 youth in the child welfare system 

24 and the negative outcomes for the many youth who 

25 live in group care as opposed to a loving home or 

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1 who age out of care without a permanent family 

2 placement. Although same-sex couples are 7 times 

3 more likely to foster or adopt than their different4 sex counterparts, many child-placing agencies refuse 

5 to serve same-sex couples and LGBTQ individuals. 

6 This has resulted in a reduction of the pool of quali7 fied and available homes for youth in the child wel8 fare system who need placement on a temporary or 

9 permanent basis. It also sends a negative message 

10 about LGBTQ people to children and youth in the 

11 child welfare system about who is, and who is not, 

12 considered fit to be a parent. While the priority 

13 should be on providing the supports necessary to 

14 keep children with their families, when removal is re15 quired, barring discrimination in foster care and 

16 adoption will increase the number of homes available 

17 to foster children waiting for foster and adoptive 

18 families. 

19 (21) LGBTQ youth are overrepresented in the 

20 foster care system by at least a factor of two and 

21 report twice the rate of poor treatment while in care 

22 compared to their non-LGBTQ counterparts. 

23 LGBTQ youth in foster care have a higher average 

24 number of placements, higher likelihood of living in 

25 a group home, and higher rates of hospitalization for 

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1 emotional reasons and of juvenile justice involvement 

2 than their non-LGBTQ peers because of the high 

3 level of bias and discrimination that they face and 

4 the difficulty of finding affirming foster placements. 

5 Further, due to their physical distance from friends 

6 and family, traumatic experiences, and potentially 

7 unstable living situations, all youth involved with 

8 child welfare services are at risk for being targeted 

9 by traffickers seeking to exploit children. Barring 

10 discrimination in child welfare services will ensure 

11 improved treatment and outcomes for LGBTQ foster 

12 children. 

13 (22) Courts consistently have found that the 

14 government has a compelling interest in preventing 

15 and remedying discrimination. For example, the Su16 preme Court of the United States found there to be 

17 a compelling government interest in eliminating sex 

18 discrimination in Board of Directors of Rotary 

19 International v. Rotary Club of Duarte, 481 U.S. 

20 537, 549 (1987). Because discrimination based on 

21 sexual orientation or gender identity inherently is a 

22 form of sex discrimination, as held in Bostock v. 

23 Clayton County, 140 S. Ct. 1731 (2020), this Act 

24 furthers the compelling government interest in pro25 viding redress for the serious harms to mental and 

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1 physical health, financial security and wellbeing, 

2 civic participation, freedom of movement and oppor3 tunity, personal dignity, and physical safety that re4 sult from discrimination. Consistent with the role 

5 nondiscrimination laws play in protecting lives and 

6 livelihoods, alleviating suffering, and improving indi7 vidual and public health, the Supreme Court of the 

8 United States has long recognized, under the deci9 sion in Heart of Atlanta Motel, Inc. v. United 

10 States, 379 U.S. 241 (1964), that these laws also 

11 benefit society as a whole by ending the ‘‘disruptive 

12 effect’’ discrimination has on travel and commerce, 

13 and by creating a level field for all participants in 

14 a given sector. 

15 (23) As with all prohibitions on invidious dis16 crimination, this Act furthers the government’s com17 pelling interest in the least restrictive way because 

18 only by forbidding discrimination is it possible to 

19 avert or redress the harms described in this sub20 section. 

21 (b) PURPOSE.—It is the purpose of this Act to ex22 pand as well as clarify, confirm and create greater consist23 ency in the protections and remedies against discrimina24 tion on the basis of all covered characteristics and to pro25 vide guidance and notice to individuals, organizations, corVerDate Sep 11 2014 17:22 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S393.IS S393
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1 porations, and agencies regarding their obligations under 

2 the law. 

3 SEC. 3. PUBLIC ACCOMMODATIONS. 

4 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA5 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 

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

7 (1) in subsection (a), by inserting ‘‘sex (includ8 ing sexual orientation and gender identity),’’ before 

9 ‘‘or national origin’’; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (3), by striking ‘‘sta12 dium’’ and all that follows and inserting ‘‘sta13 dium or other place of or establishment that 

14 provides exhibition, entertainment, recreation, 

15 exercise, amusement, public gathering, or public 

16 display;’’; 

17 (B) by redesignating paragraph (4) as 

18 paragraph (6); and 

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

20 following: 

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

22 service, or program, including a store, shopping cen23 ter, online retailer or service provider, salon, bank, 

24 gas station, food bank, service or care center, shel25 ter, travel agency, or funeral parlor, or establishVerDate Sep 11 2014 17:22 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S393.IS S393
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1 ment that provides health care, accounting, or legal 

2 services; 

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

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

5 place of or establishment that provides transpor6 tation service; and’’. 

7 (b) PROHIBITION ON DISCRIMINATION OR SEGREGA8 TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 

9 2000a–1) is amended by inserting ‘‘sex (including sexual 

10 orientation and gender identity),’’ before ‘‘or national ori11 gin’’. 

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

13 (42 U.S.C. 2000a et seq.) is amended by adding at the 

14 end the following: 

15 ‘‘SEC. 208. RULE OF CONSTRUCTION. 

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

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

18 whose operations affect commerce and who is a pro19 vider of a good, service, or program; and 

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

21 physical facility or place.’’. 

22 SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 

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

24 U.S.C. 2000b(a)) is amended by inserting ‘‘sex (including 

15 

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1 sexual orientation and gender identity),’’ before ‘‘or na2 tional origin’’. 

3 SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 

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

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

6 ‘‘(including sexual orientation and gender identity),’’ be7 fore ‘‘or national origin’’. 

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

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

10 in subsection (a)(2), by inserting ‘‘(including sexual ori11 entation and gender identity),’’ before ‘‘or national ori12 gin’’. 

13 (c) CLASSIFICATION AND ASSIGNMENT.—Section 410 

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

15 ‘‘(including sexual orientation and gender identity),’’ be16 fore ‘‘or national origin’’. 

17 SEC. 6. FEDERAL FUNDING. 

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

19 U.S.C. 2000d) is amended by inserting ‘‘sex (including 

20 sexual orientation and gender identity),’’ before ‘‘or na21 tional origin,’’. 

22 SEC. 7. EMPLOYMENT. 

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

24 Civil Rights Act of 1964 is amended by inserting after 

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

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

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

3 purposes of that application, a reference in that section 

4 to an ‘unlawful practice’ shall be considered to be a ref5 erence to an ‘unlawful employment practice’.’’. 

6 (b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 

7 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

8 2) is amended— 

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

10 and inserting ‘‘SEX (INCLUDING SEXUAL ORIENTA11 TION AND GENDER IDENTITY),’’; 

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

13 each place it appears and inserting ‘‘sex (including 

14 sexual orientation and gender identity),’’; 

15 (3) in subsection (e)(1), by striking ‘‘enter16 prise,’’ and inserting ‘‘enterprise, if, in a situation in 

17 which sex is a bona fide occupational qualification, 

18 individuals are recognized as qualified in accordance 

19 with their gender identity,’’; and 

20 (4) in subsection (h), by striking ‘‘sex’’ the sec21 ond place it appears and inserting ‘‘sex (including 

22 sexual orientation and gender identity),’’. 

23 (c) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 

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

25 2000e–3(b)) is amended— 

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

2 and inserting ‘‘sex (including sexual orientation and 

3 gender identity),’’; and 

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

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

6 bona fide occupational qualification, individuals are 

7 recognized as qualified in accordance with their gen8 der identity.’’. 

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

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

11 striking ‘‘sex,’’ and inserting ‘‘sex (including sexual ori12 entation and gender identity),’’. 

13 (e) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec14 tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 

15 2000e–16) is amended— 

16 (1) in subsection (a), by striking ‘‘sex,’’ and in17 serting ‘‘sex (including sexual orientation and gender 

18 identity),’’; and 

19 (2) in subsection (c), by striking ‘‘sex’’ and in20 serting ‘‘sex (including sexual orientation and gender 

21 identity),’’. 

22 (f) GOVERNMENT EMPLOYEE RIGHTS ACT OF

23 1991.—The Government Employee Rights Act of 1991 

24 (42 U.S.C. 2000e–16a et seq.) is amended— 

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1 (1) in section 301(b), by striking ‘‘sex,’’ and in2 serting ‘‘sex (including sexual orientation and gender 

3 identity),’’; 

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

5 inserting ‘‘sex (including sexual orientation and gen6 der identity),’’; and 

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

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

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

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

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

12 1106 to ‘race, color, religion, sex (including sexual orienta13 tion and gender identity), or national origin’ shall be con14 sidered to be a reference to ‘race, color, religion, sex, sex15 ual orientation, gender identity, national origin, age, or 

16 disability’.’’. 

17 (g) CONGRESSIONAL ACCOUNTABILITY ACT OF

18 1995.—The Congressional Accountability Act of 1995 (2 

19 U.S.C. 1301 et seq.) is amended— 

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

21 by inserting ‘‘(including sexual orientation and gen22 der identity),’’ before ‘‘or national origin,’’; and 

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

24 1311 et seq.) the following: 

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1 ‘‘SEC. 209. RULES OF CONSTRUCTION AND CLAIMS. 

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

3 Rights Act of 1964 shall apply to section 201 (and reme4 dial provisions of this Act related to section 201) except 

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

6 section 1106 to ‘race, color, religion, sex (including sexual 

7 orientation and gender identity), or national origin’ shall 

8 be considered to be a reference to ‘race, color, religion, 

9 sex (including sexual orientation and gender identity), na10 tional origin, age, or disability’.’’. 

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

12 23 of title 5, United States Code, is amended— 

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

14 and inserting ‘‘sex (including sexual orientation and 

15 gender identity),’’; 

16 (2) in section 2302— 

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

18 ‘‘(including sexual orientation and gender iden19 tity),’’ before ‘‘or national origin,’’; and 

20 (B) in subsection (d)(1), by inserting ‘‘(in21 cluding sexual orientation and gender iden22 tity),’’ before ‘‘or national origin;’’; and 

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

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

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

26 Rights Act of 1964 shall apply to this chapter (and remeVerDate Sep 11 2014 17:22 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S393.IS S393
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1 dial provisions of this title related to this chapter) except 

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

3 section 1106 to ‘race, color, religion, sex (including sexual 

4 orientation and gender identity), or national origin’ shall 

5 be considered to be a reference to ‘race, color, religion, 

6 sex (including sexual orientation and gender identity), na7 tional origin, age, a handicapping condition, marital sta8 tus, or political affiliation’.’’. 

9 SEC. 8. INTERVENTION. 

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

11 U.S.C. 2000h–2) is amended by inserting ‘‘(including sex12 ual orientation and gender identity),’’ before ‘‘or national 

13 origin,’’. 

14 SEC. 9. MISCELLANEOUS. 

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

16 (1) by redesignating sections 1101 through 

17 1104 (42 U.S.C. 2000h et seq.) and sections 1105 

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

19 1102 through 1105 and sections 1108 and 1109, re20 spectively; 

21 (2) by inserting after the title heading the fol22 lowing: 

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1 ‘‘SEC. 1101. DEFINITIONS AND RULES. 

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

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

4 a ‘covered title’): 

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

6 ORIENTATION; GENDER IDENTITY; NATIONAL ORI7 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’ (in8 cluding ‘sexual orientation’ and ‘gender identity’), or 

9 ‘national origin’, used with respect to an individual, 

10 includes— 

11 ‘‘(A) the race, color, religion, sex (includ12 ing sexual orientation and gender identity), or 

13 national origin, respectively, of another person 

14 with whom the individual is associated or has 

15 been associated; and 

16 ‘‘(B) a perception or belief, even if inac17 curate, concerning the race, color, religion, sex 

18 (including sexual orientation and gender iden19 tity), or national origin, respectively, of the in20 dividual. 

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

22 identity’ means the gender-related identity, appear23 ance, mannerisms, or other gender-related character24 istics of an individual, regardless of the individual’s 

25 designated sex at birth. 

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

2 including, but not limited to, consistent with the 

3 term’s standard meaning in Federal law. 

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

5 ‘‘(A) a sex stereotype; 

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

7 medical condition; 

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

9 and 

10 ‘‘(D) sex characteristics, including intersex 

11 traits. 

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 (including sexual orientation and gender iden20 tity), or national origin including claims brought pursuant 

21 to section 1979 or 1980 of the Revised Statutes (42 

22 U.S.C. 1983, 1985) or any other law, including a Federal 

23 law amended 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 

24 

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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 (42 U.S.C. 3602), by adding 

16 at the end the following: 

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’ (including ‘sexual 

21 orientation’ and ‘gender identity’), ‘handicap’, ‘familial 

22 status’, or ‘national origin’, used with respect to an indi23 vidual, includes— 

24 ‘‘(1) the race, color, religion, sex (including sex25 ual orientation and gender identity), handicap, faVerDate Sep 11 2014 17:22 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S393.IS S393
25 

•S 393 IS

1 milial status, or national origin, respectively, of an2 other person with whom the individual is associated 

3 or has been associated; and 

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

5 concerning the race, color, religion, sex (including 

6 sexual orientation and gender identity), handicap, 

7 familial status, or national origin, respectively, of the 

8 individual.’’; 

9 (2) in section 804, by inserting ‘‘(including sex10 ual orientation and gender identity),’’ after ‘‘sex,’’ 

11 each place that term appears; 

12 (3) in section 805, by inserting ‘‘(including sex13 ual orientation and gender identity),’’ after ‘‘sex,’’ 

14 each place that term appears; 

15 (4) in section 806, by inserting ‘‘(including sex16 ual orientation and gender identity),’’ after ‘‘sex,’’; 

17 (5) in section 808(e)(6), by inserting ‘‘(includ18 ing sexual orientation and gender identity),’’ after 

19 ‘‘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 

26 

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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 ‘‘(including sex12 ual orientation (as such term is defined in section 802 of 

13 this Act) and gender identity (as such term is defined in 

14 section 802 of this Act)),’’ after ‘‘sex,’’ each place that 

15 term appears. 

16 SEC. 11. EQUAL CREDIT OPPORTUNITY. 

17 (a) PROHIBITED DISCRIMINATION.—Section 

18 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 

19 1691(a)(1)) is amended by inserting ‘‘(including sexual 

20 orientation and gender identity),’’ after ‘‘sex’’. 

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

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

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

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

27 

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1 (2) by inserting after subsection (e) the fol2 lowing: 

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

4 orientation’ have the meanings given those terms in sec5 tion 1101(a) of the Civil Rights Act of 1964. 

6 ‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori7 gin’, ‘sex’ (including ‘sexual orientation’ and ‘gender iden8 tity’), ‘marital status’, or ‘age’, used with respect to an 

9 individual, includes— 

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

11 sex (including sexual orientation and gender iden12 tity), marital status, or age, respectively, of another 

13 person with whom the individual is associated or has 

14 been associated; and 

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

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

17 sex (including sexual orientation and gender iden18 tity), marital status, or age, respectively, of the indi19 vidual.’’; and 

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

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

22 Act of 1964 shall apply to this title, except that for pur23 poses of that application— 

28 

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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 ‘‘(including sexual orientation and 

10 gender identity),’’ 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 ‘‘(including 

22 sexual orientation and gender identity),’’ after 

23 ‘‘sex,’’; 

29 

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

2 by inserting ‘‘(including sexual orientation and gen3 der identity),’’ after ‘‘sex,’’; 

4 (3) in section 1869— 

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

6 the end; 

7 (B) in subsection (k), by striking the pe8 riod at the end and inserting a semicolon; and 

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

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

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

12 of the Civil Rights Act of 1964; and 

13 ‘‘(m) ‘race’, ‘color’, ‘religion’, ‘sex’ (including ‘sexual 

14 orientation’ and ‘gender identity’), ‘economic status’, or 

15 ‘national origin’, used with respect to an individual, in16 cludes— 

17 ‘‘(1) the race, color, religion, sex (including sex18 ual orientation and gender identity), economic sta19 tus, or national origin, respectively, of another per20 son with whom the individual is associated or has 

21 been associated; and 

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

23 concerning the race, color, religion, sex (including 

24 sexual orientation and gender identity), economic 

30 

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1 status, or national origin, respectively, of the indi2 vidual.’’; and 

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

4 ‘‘§ 1879. Rules of construction and claims 

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

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

7 for purposes of that application, a reference in those sec8 tions to a ‘covered title’ shall be considered a reference 

9 to ‘this chapter’.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

12 States Code, is amended by adding at the end the fol13 lowing: 

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

Æ