I 

118TH CONGRESS 

1ST SESSION H. R. 15 

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

orientation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 21, 2023 

Mr. TAKANO (for himself, Ms. ADAMS, Mr. AGUILAR, Mr. ALLRED, Mr. 

AUCHINCLOSS, Ms. BALINT, Ms. BARRAGA ́N, Mrs. BEATTY, Mr. BERA, 

Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BLUNT

ROCHESTER, Ms. BONAMICI, Mr. BOWMAN, Mr. BOYLE of Pennsylvania, 

Ms. BROWN, Ms. BROWNLEY, Ms. BUDZINSKI, Ms. BUSH, Ms. CARAVEO, 

Mr. CARBAJAL, Mr. CA ́RDENAS, Mr. CARSON, Mr. CARTER of Louisiana, 

Mr. CARTWRIGHT, Mr. CASAR, Mr. CASE, Mr. CASTEN, Ms. CASTOR of 

Florida, Mr. CASTRO of Texas, Mrs. CHERFILUS-MCCORMICK, Ms. CHU, 

Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLEAVER, 

Mr. CLYBURN, Mr. COHEN, Mr. CONNOLLY, Mr. CORREA, Mr. COSTA, 

Mr. COURTNEY, Ms. CRAIG, Ms. CROCKETT, Mr. CROW, Mr. CUELLAR, 

Ms. DAVIDS of Kansas, Mr. DAVIS of Illinois, Mr. DAVIS of North Carolina, Ms. DEAN of Pennsylvania, Ms. DEGETTE, Ms. DELAURO, Ms. 

DELBENE, Mr. DELUZIO, Mr. DESAULNIER, Mrs. DINGELL, Mr. DOGGETT, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. EVANS, Mrs. 

FLETCHER, Mr. FOSTER, Mrs. FOUSHEE, Ms. LOIS FRANKEL of Florida, 

Mr. FROST, Mr. GALLEGO, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. 

ROBERT GARCIA of California, Mr. GARCI ́A of Illinois, Ms. PEREZ, Mr. 

GOLDEN of Maine, Mr. GOLDMAN of New York, Mr. GOMEZ, Mr. 

VICENTE GONZALEZ of Texas, Mr. GOTTHEIMER, Mr. GREEN of Texas, 

Mr. GRIJALVA, Mr. HARDER of California, Mrs. HAYES, Mr. HIGGINS of 

New York, Mr. HIMES, Mr. HORSFORD, Ms. HOULAHAN, Mr. HOYER, 

Ms. HOYLE of Oregon, Mr. HUFFMAN, Mr. IVEY, Mr. JACKSON of North 

Carolina, Mr. JACKSON of Illinois, Ms. JACKSON LEE, Ms. JACOBS, Ms. 

JAYAPAL, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. KAMLAGERDOVE, Ms. KAPTUR, Mr. KEATING, Ms. KELLY of Illinois, Mr. KHANNA, 

Mr. KILDEE, Mr. KILMER, Mr. KIM of New Jersey, Mr. 

KRISHNAMOORTHI, Ms. KUSTER, Mr. LANDSMAN, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Ms. LEE of California, Ms. LEE of 

Pennsylvania, Ms. LEE of Nevada, Ms. LEGER FERNANDEZ, Mr. LEVIN, 

Mr. LIEU, Ms. LOFGREN, Mr. LYNCH, Mr. MAGAZINER, Ms. MANNING, 

Ms. MATSUI, Mrs. MCBATH, Mrs. MCCLELLAN, Ms. MCCOLLUM, Mr. 

MCGARVEY, Mr. MCGOVERN, Mr. MEEKS, Mr. MENENDEZ, Ms. MENG, 


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Mr. MFUME, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. MOSKOWITZ, 

Mr. MOULTON, Mr. MRVAN, Mr. MULLIN, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL, Mr. NEGUSE, Mr. NICKEL, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. 

PAPPAS, Mr. PASCRELL, Mr. PAYNE, Ms. PELOSI, Mrs. PELTOLA, Mr. 

PETERS, Ms. PETTERSEN, Mr. PHILLIPS, Ms. PINGREE, Ms. PLASKETT, 

Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. QUIGLEY, Mrs. RAMIREZ, 

Mr. RASKIN, Ms. ROSS, Mr. RUIZ, Mr. RUPPERSBERGER, Mr. RYAN, Mr. 

SABLAN, Ms. SALINAS, Ms. SA ́NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. 

SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Ms. SCHOLTEN, Ms. 

SCHRIER, Mr. SCOTT of Virginia, Mr. DAVID SCOTT of Georgia, Ms. SEWELL, Mr. SHERMAN, Ms. SHERRILL, Ms. SLOTKIN, Mr. SMITH of Washington, Mr. SORENSEN, Mr. SOTO, Ms. SPANBERGER, Ms. STANSBURY, 

Mr. STANTON, Ms. STEVENS, Ms. STRICKLAND, Mr. SWALWELL, Mrs. 

SYKES, Mr. THANEDAR, Mr. THOMPSON of California, Mr. THOMPSON of 

Mississippi, Ms. TITUS, Ms. TLAIB, Ms. TOKUDA, Mr. TONKO, Mr. 

TORRES of New York, Mrs. TORRES of California, Mrs. TRAHAN, Mr. 

TRONE, Ms. UNDERWOOD, Mr. VARGAS, Mr. VASQUEZ, Mr. VEASEY, Ms. 

VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mrs. WATSON

COLEMAN, Ms. WEXTON, Ms. WILD, Ms. WILLIAMS of Georgia, and Ms. 

WILSON of Florida) 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, House Administration, 

and Oversight and Accountability, 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 AND PURPOSE. 

6 (a) FINDINGS.—Congress finds the following: 


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

2 sex, sexual orientation, gender identity, pregnancy, 

3 childbirth, or a related medical condition of an indi4 vidual, as well as because of sex-based stereotypes. 

5 Each of these factors alone can serve as the basis 

6 for discrimination, and each is a form of sex dis7 crimination. 

8 (2) A single instance of discrimination may 

9 have more than one basis. For example, discrimina10 tion against a married same-sex couple could be 

11 based on the sex stereotype that marriage should 

12 only be between heterosexual couples, the sexual ori13 entation of the two individuals in the couple, or 

14 both. In addition, some persons are subjected to dis15 crimination based on a combination or the intersec16 tion of multiple protected characteristics. Discrimi17 nation against a pregnant lesbian could be based on 

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

19 the basis of multiple factors. 

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

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

22 experience discrimination in securing access to pub23 lic accommodations—including restaurants, senior 

24 centers, stores, places of or establishments that pro25 vide entertainment, health care facilities, shelters, 


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1 government offices, youth service providers including 

2 adoption and foster care providers, and transpor3 tation. Forms of discrimination include the exclusion 

4 and denial of entry, unequal or unfair treatment, 

5 harassment, and violence. This discrimination pre6 vents the full participation of LGBTQ people in so7 ciety and disrupts the free flow of commerce. 

8 (4) Women also have faced discrimination in 

9 many establishments such as stores and restaurants, 

10 and places or establishments that provide other 

11 goods or services, such as entertainment or transpor12 tation, including sexual harassment, differential pric13 ing for substantially similar products and services, 

14 and denial of services because they are pregnant or 

15 breastfeeding. 

16 (5) Many employers already and continue to 

17 take proactive steps, beyond those required by some 

18 States and localities, to ensure they are fostering 

19 positive and respectful cultures for all employees. 

20 Many places of public accommodation also recognize 

21 the economic imperative to offer goods and services 

22 to as many consumers as possible. 

23 (6) Regular and ongoing discrimination against 

24 LGBTQ people, as well as women, in accessing pub25 lic accommodations contributes to negative social 


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1 and economic outcomes, and in the case of public ac2 commodations operated by State and local govern3 ments, abridges individuals’ constitutional rights. 

4 (7) The discredited practice known as ‘‘conver5 sion therapy’’ is a form of discrimination that harms 

6 LGBTQ people by undermining individuals’ sense of 

7 self worth, increasing suicide ideation and substance 

8 abuse, exacerbating family conflict, and contributing 

9 to second-class status. 

10 (8) Both LGBTQ people and women face wide11 spread discrimination in employment and various 

12 services, including by entities that receive Federal fi13 nancial assistance. Such discrimination— 

14 (A) is particularly troubling and inappro15 priate for programs and services funded wholly 

16 or in part by the Federal Government; 

17 (B) undermines national progress toward 

18 equal treatment regardless of sex, sexual ori19 entation, or gender identity; and 

20 (C) is inconsistent with the constitutional 

21 principle of equal protection under the Four22 teenth Amendment to the Constitution of the 

23 United States. 

24 (9) Federal courts have widely recognized that, 

25 in enacting the Civil Rights Act of 1964, Congress 


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1 validly invoked its powers under the Fourteenth 

2 Amendment to provide a full range of remedies in 

3 response to persistent, widespread, and pervasive 

4 discrimination by both private and government ac5 tors. 

6 (10) Discrimination by State and local govern7 ments on the basis of sexual orientation or gender 

8 identity in employment, housing, and public accom9 modations, and in programs and activities receiving 

10 Federal financial assistance, violates the Equal Pro11 tection Clause of the Fourteenth Amendment to the 

12 Constitution of the United States. In many cir13 cumstances, such discrimination also violates other 

14 constitutional rights such as those of liberty and pri15 vacy under the due process clause of the Fourteenth 

16 Amendment. 

17 (11) Individuals who are LGBTQ, or are per18 ceived to be LGBTQ, have been subjected to a his19 tory and pattern of persistent, widespread, and per20 vasive discrimination on the bases of sexual orienta21 tion and gender identity by both private sector and 

22 Federal, State, and local government actors, includ23 ing in employment, housing, and public accommoda24 tions, and in programs and activities receiving Fed25 eral financial assistance. This discrimination inflicts 


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1 a range of tangible and intangible harms, sometimes 

2 even including serious physical injury or death. An 

3 explicit and comprehensive national solution is need4 ed to address this discrimination, including the full 

5 range of remedies available under the Civil Rights 

6 Act of 1964. 

7 (12) Discrimination based on sexual orientation 

8 includes discrimination based on an individual’s ac9 tual or perceived romantic, emotional, physical, or 

10 sexual attraction to other persons, or lack thereof, 

11 on the basis of gender. LGBTQ people, including 

12 gender nonbinary people, also commonly experience 

13 discrimination because of sex-based stereotypes. 

14 Many people are subjected to discrimination because 

15 of others’ perceptions or beliefs regarding their sex16 ual orientation. Even if these perceptions are incor17 rect, the identity imputed by others forms the basis 

18 of discrimination. 

19 (13) Numerous provisions of Federal law ex20 pressly prohibit discrimination on the basis of sex, 

21 and Federal courts and agencies have correctly in22 terpreted these prohibitions on sex discrimination to 

23 include discrimination based on sexual orientation, 

24 gender identity, and sex stereotypes. In particular, 

25 the Supreme Court of the United States correctly 


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

2 (2020) that the prohibition on employment discrimi3 nation because of sex under title VII of the Civil 

4 Rights Act of 1964 inherently includes discrimina5 tion because of sexual orientation or transgender 

6 status. 

7 (14) This Act makes explicit that existing Fed8 eral statutes prohibiting sex discrimination in em9 ployment (including in access to benefits), 

10 healthcare, housing, education, credit, and jury serv11 ice also prohibit sexual orientation and gender iden12 tity discrimination. 

13 (15) LGBTQ people often face discrimination 

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

15 in every other aspect of obtaining and maintaining 

16 housing. LGBTQ people in same-sex relationships 

17 are often discriminated against when two names as18 sociated with one gender appear on a housing appli19 cation, and transgender people often encounter dis20 crimination when credit checks or inquiries reveal a 

21 former name. 

22 (16) National surveys, including a study com23 missioned by the Department of Housing and Urban 

24 Development, show that housing discrimination 

25 against LGBTQ people is very prevalent. For inVerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 stance, when same-sex couples inquire about housing 

2 that is available for rent, they are less likely to re3 ceive positive responses from landlords. A national 

4 matched-pair testing investigation found that nearly 

5 one-half of same-sex couples had encountered ad6 verse, differential treatment when seeking elder 

7 housing. According to other studies, transgender 

8 people have half the homeownership rate of non9 transgender people and about 1 in 5 transgender 

10 people experience homelessness. Another survey 

11 found that 82 percent of gender nonbinary people 

12 experiencing homelessness lacked access to shelter. 

13 (17) As a result of the absence of explicit prohi14 bitions against discrimination on the basis of sexual 

15 orientation and gender identity, credit applicants 

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

17 have unequal opportunities to establish credit. 

18 LGBTQ people can experience being denied a mort19 gage, credit card, student loan, or many other types 

20 of credit simply because of their sexual orientation 

21 or gender identity. 

22 (18) Numerous studies demonstrate that 

23 LGBTQ people, especially transgender people and 

24 women, are economically disadvantaged and at a 

25 higher risk for poverty compared with other groups 


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

2 women in same-sex couples is twice that of older dif3 ferent-sex couples. 

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

5 peers and the reciprocal right to jury service are 

6 fundamental to the free and democratic system of 

7 justice in the United States and are based in the 

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

9 and long-documented history in the United States of 

10 attorneys discriminating against LGBTQ individ11 uals, or those perceived to be LGBTQ, in jury selec12 tion. Failure to bar peremptory challenges based on 

13 the actual or perceived sexual orientation or gender 

14 identity of an individual not only erodes a funda15 mental right, duty, and obligation of being a citizen 

16 of the United States, but also unfairly creates a sec17 ond class of citizenship for LGBTQ victims, wit18 nesses, plaintiffs, and defendants. 

19 (20) Numerous studies document the shortage 

20 of qualified and available homes for the approxi21 mately 424,000 youth in the child welfare system 

22 and the negative outcomes for the many youth who 

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

24 who age out of care without a permanent family 

25 placement. Although same-sex couples are 7 times 


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1 more likely to foster or adopt than their different2 sex counterparts, many child-placing agencies refuse 

3 to serve same-sex couples and LGBTQ individuals. 

4 This has resulted in a reduction of the pool of quali5 fied and available homes for youth in the child wel6 fare system who need placement on a temporary or 

7 permanent basis. It also sends a negative message 

8 about LGBTQ people to children and youth in the 

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

10 considered fit to be a parent. While the priority 

11 should be on providing the supports necessary to 

12 keep children with their families, when removal is re13 quired, barring discrimination in foster care and 

14 adoption will increase the number of homes available 

15 to foster children waiting for foster and adoptive 

16 families. 

17 (21) LGBTQ youth are overrepresented in the 

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

19 report twice the rate of poor treatment while in care 

20 compared to their non-LGBTQ counterparts. 

21 LGBTQ youth in foster care have a higher average 

22 number of placements, higher likelihood of living in 

23 a group home, and higher rates of hospitalization for 

24 emotional reasons and of juvenile justice involvement 

25 than their non-LGBTQ peers because of the high 


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1 level of bias and discrimination that they face and 

2 the difficulty of finding affirming foster placements. 

3 Further, due to their physical distance from friends 

4 and family, traumatic experiences, and potentially 

5 unstable living situations, all youth involved with 

6 child welfare services are at risk for being targeted 

7 by traffickers seeking to exploit children. Barring 

8 discrimination in child welfare services will ensure 

9 improved treatment and outcomes for LGBTQ foster 

10 children. 

11 (22) Courts consistently have found that the 

12 government has a compelling interest in preventing 

13 and remedying discrimination. For example, the Su14 preme Court of the United States found there to be 

15 a compelling government interest in eliminating sex 

16 discrimination in Board of Directors of Rotary 

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

18 537, 549 (1987). Because discrimination based on 

19 sexual orientation or gender identity inherently is a 

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

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

22 furthers the compelling government interest in pro23 viding redress for the serious harms to mental and 

24 physical health, financial security and well-being, 

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1 tunity, personal dignity, and physical safety that re2 sult from discrimination. Consistent with the role 

3 nondiscrimination laws play in protecting lives and 

4 livelihoods, alleviating suffering, and improving indi5 vidual and public health, the Supreme Court of the 

6 United States has long recognized, under the deci7 sion in Heart of Atlanta Motel, Inc. v. United 

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

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

10 effect’’ discrimination has on travel and commerce, 

11 and by creating a level field for all participants in 

12 a given sector. 

13 (23) As with all prohibitions on invidious dis14 crimination, this Act furthers the government’s com15 pelling interest in the least restrictive way because 

16 only by forbidding discrimination is it possible to 

17 avert or redress the harms described in this sub18 section. 

19 (b) PURPOSE.—It is the purpose of this Act to ex20 pand as well as clarify, confirm and create greater consist21 ency in the protections and remedies against discrimina22 tion on the basis of all covered characteristics and to pro23 vide guidance and notice to individuals, organizations, cor24 porations, and agencies regarding their obligations under 

25 the law. 


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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 (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, public gathering, or public 

14 display;’’; 

15 (B) by redesignating paragraph (4) as 

16 paragraph (6); and 

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

18 following: 

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

20 service, or program, including a store, shopping cen21 ter, online retailer or service provider, salon, bank, 

22 gas station, food bank, service or care center, shel23 ter, travel agency, or funeral parlor, or establish24 ment that provides health care, accounting, or legal 

25 services; 


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

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

3 place of or establishment that provides transpor4 tation service; and’’. 

5 (b) PROHIBITION ON DISCRIMINATION OR SEGREGA6 TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 

7 2000a–1) is amended by inserting ‘‘sex (including sexual 

8 orientation and gender identity),’’ before ‘‘or national ori9 gin’’. 

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

11 (42 U.S.C. 2000a et seq.) is amended by adding at the 

12 end the following: 

13 ‘‘SEC. 208. RULE OF CONSTRUCTION. 

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

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

16 whose operations affect commerce and who is a pro17 vider of a good, service, or program; and 

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

19 physical facility or place.’’. 

20 SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 

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

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

23 sexual orientation and gender identity),’’ before ‘‘or na24 tional origin’’. 


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1 SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 

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

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

4 ‘‘(including sexual orientation and gender identity),’’ be5 fore ‘‘or national origin’’. 

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

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

8 in subsection (a)(2), by inserting ‘‘(including sexual ori9 entation and gender identity),’’ before ‘‘or national ori10 gin’’. 

11 (c) CLASSIFICATION AND ASSIGNMENT.—Section 410 

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

13 ‘‘(including sexual orientation and gender identity),’’ be14 fore ‘‘or national origin’’. 

15 SEC. 6. FEDERAL FUNDING. 

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

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

18 sexual orientation and gender identity),’’ before ‘‘or na19 tional origin,’’. 

20 SEC. 7. EMPLOYMENT. 

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

22 Civil Rights Act of 1964 is amended by inserting after 

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

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

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

26 purposes of that application, a reference in that section 


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1 to an ‘unlawful practice’ shall be considered to be a ref2 erence to an ‘unlawful employment practice’.’’. 

3 (b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 

4 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

5 2) is amended— 

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

7 and inserting ‘‘SEX (INCLUDING SEXUAL ORIENTA8 TION AND GENDER IDENTITY),’’; 

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

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

11 sexual orientation and gender identity),’’; 

12 (3) in subsection (e)(1), by striking ‘‘enter13 prise,’’ and inserting ‘‘enterprise, if, in a situation in 

14 which sex is a bona fide occupational qualification, 

15 individuals are recognized as qualified in accordance 

16 with their gender identity,’’; and 

17 (4) in subsection (h), by striking ‘‘sex’’ the sec18 ond place it appears and inserting ‘‘sex (including 

19 sexual orientation and gender identity),’’. 

20 (c) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 

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

22 2000e–3(b)) is amended— 

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

24 and inserting ‘‘sex (including sexual orientation and 

25 gender identity),’’; and 


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

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

3 bona fide occupational qualification, individuals are 

4 recognized as qualified in accordance with their gen5 der identity.’’. 

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

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

8 striking ‘‘sex,’’ and inserting ‘‘sex (including sexual ori9 entation and gender identity),’’. 

10 (e) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec11 tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 

12 2000e–16) is amended— 

13 (1) in subsection (a), by striking ‘‘sex,’’ and in14 serting ‘‘sex (including sexual orientation and gender 

15 identity),’’; and 

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

18 identity),’’. 

19 (f) GOVERNMENT EMPLOYEE RIGHTS ACT OF

20 1991.—The Government Employee Rights Act of 1991 

21 (42 U.S.C. 2000e–16a et seq.) is amended— 

22 (1) in section 301(b), by striking ‘‘sex,’’ and in23 serting ‘‘sex (including sexual orientation and gender 

24 identity),’’; 


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

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

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

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

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

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

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

9 1106 to ‘race, color, religion, sex (including sexual orienta10 tion and gender identity), or national origin’ shall be con11 sidered to be a reference to ‘race, color, religion, sex, sex12 ual orientation, gender identity, national origin, age, or 

13 disability’.’’. 

14 (g) CONGRESSIONAL ACCOUNTABILITY ACT OF

15 1995.—The Congressional Accountability Act of 1995 (2 

16 U.S.C. 1301 et seq.) is amended— 

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

18 by inserting ‘‘(including sexual orientation and gen19 der identity),’’ before ‘‘or national origin,’’; and 

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

21 1311 et seq.) the following: 

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

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

24 Rights Act of 1964 shall apply to section 201 (and reme25 dial provisions of this Act related to section 201) except 


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

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

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

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

5 sex (including sexual orientation and gender identity), na6 tional origin, age, or disability’.’’. 

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

8 23 of title 5, United States Code, is amended— 

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

10 and inserting ‘‘sex (including sexual orientation and 

11 gender identity),’’; 

12 (2) in section 2302— 

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

14 ‘‘(including sexual orientation and gender iden15 tity),’’ before ‘‘or national origin,’’; and 

16 (B) in subsection (d)(1), by inserting ‘‘(in17 cluding sexual orientation and gender iden18 tity),’’ before ‘‘or national origin;’’; and 

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

20 ‘‘SEC. 2307. 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 (and reme23 dial provisions of this title related to this chapter) except 

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

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


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

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

3 sex (including sexual orientation and gender identity), na4 tional origin, age, a handicapping condition, marital sta5 tus, or political affiliation’.’’. 

6 SEC. 8. INTERVENTION. 

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

8 U.S.C. 2000h–2) is amended by inserting ‘‘(including sex9 ual orientation and gender identity),’’ before ‘‘or national 

10 origin,’’. 

11 SEC. 9. MISCELLANEOUS. 

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

13 (1) by redesignating sections 1101 through 

14 1104 (42 U.S.C. 2000h et seq.) and sections 1105 

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

16 1102 through 1105 and sections 1108 and 1109, re17 spectively; 

18 (2) by inserting after the title heading the fol19 lowing: 

20 ‘‘SEC. 1101. DEFINITIONS AND RULES. 

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

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

23 a ‘covered title’): 

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

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1 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’ (in2 cluding ‘sexual orientation’ and ‘gender identity’), or 

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

4 includes— 

5 ‘‘(A) the race, color, religion, sex (includ6 ing sexual orientation and gender identity), or 

7 national origin, respectively, of another person 

8 with whom the individual is associated or has 

9 been associated; and 

10 ‘‘(B) a perception or belief, even if inac11 curate, concerning the race, color, religion, sex 

12 (including sexual orientation and gender iden13 tity), or national origin, respectively, of the in14 dividual. 

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

16 identity’ means the gender-related identity, appear17 ance, mannerisms, or other gender-related character18 istics of an individual, regardless of the individual’s 

19 designated sex at birth. 

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

21 including, but not limited to, consistent with the 

22 term’s standard meaning in Federal law. 

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

24 ‘‘(A) a sex stereotype; 


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

2 medical condition; 

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

4 and 

5 ‘‘(D) sex characteristics, including intersex 

6 traits. 

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

8 orientation’ means homosexuality, heterosexuality, or 

9 bisexuality. 

10 ‘‘(b) RULES.—In a covered title referred to in sub11 section (a)— 

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

13 or a related medical condition shall not receive less 

14 favorable treatment than other physical conditions; 

15 and 

16 ‘‘(2) (with respect to gender identity) an indi17 vidual shall not be denied access to a shared facility, 

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

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

20 gender identity.’’; and 

21 (3) by inserting after section 1105 the fol22 lowing: 


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1 ‘‘SEC. 1106. RULES OF CONSTRUCTION. 

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

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

4 specified in that section shall be construed— 

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

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

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

8 or 

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

10 practice on the basis of sex available under any pro11 vision of Federal law other than that covered title, 

12 prohibiting a practice on the basis of sex. 

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

14 Nothing in section 1101 or a covered title shall be con15 strued to limit the claims or remedies available to any indi16 vidual for an unlawful practice on the basis of race, color, 

17 religion, sex (including sexual orientation and gender iden18 tity), or national origin including claims brought pursuant 

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

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

21 law amended by the Equality Act, regulation, or policy. 

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

23 1101 or a covered title shall be construed to support any 

24 inference that any Federal law prohibiting a practice on 

25 the basis of sex does not prohibit discrimination on the 

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1 tion, sexual orientation, gender identity, or a sex stereo2 type. 

3 ‘‘SEC. 1107. CLAIMS. 

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

5 U.S.C. 2000bb et seq.) shall not provide a claim con6 cerning, or a defense to a claim under, a covered title, 

7 or provide a basis for challenging the application or en8 forcement of a covered title.’’. 

9 SEC. 10. HOUSING. 

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

11 U.S.C. 3601 et seq.) is amended— 

12 (1) in section 802 (42 U.S.C. 3602), by adding 

13 at the end the following: 

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

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

16 of the Civil Rights Act of 1964. 

17 ‘‘(q) ‘Race’, ‘color’, ‘religion’, ‘sex’ (including ‘sexual 

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

19 status’, or ‘national origin’, used with respect to an indi20 vidual, includes— 

21 ‘‘(1) the race, color, religion, sex (including sex22 ual orientation and gender identity), handicap, fa23 milial status, or national origin, respectively, of an24 other person with whom the individual is associated 

25 or has been associated; and 


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

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

3 sexual orientation and gender identity), handicap, 

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

5 individual.’’; 

6 (2) in section 804, by inserting ‘‘(including sex7 ual orientation and gender identity),’’ after ‘‘sex,’’ 

8 each place that term appears; 

9 (3) in section 805, by inserting ‘‘(including sex10 ual orientation and gender identity),’’ after ‘‘sex,’’ 

11 each place that term appears; 

12 (4) in section 806, by inserting ‘‘(including sex13 ual orientation and gender identity),’’ after ‘‘sex,’’; 

14 (5) in section 808(e)(6), by inserting ‘‘(includ15 ing sexual orientation and gender identity),’’ after 

16 ‘‘sex,’’; and 

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

18 ‘‘SEC. 821. RULES OF CONSTRUCTION. 

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

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

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

22 section 1101(b) or 1106 to a ‘covered title’ shall be consid23 ered a reference to ‘this title and section 901’. 


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1 ‘‘SEC. 822. CLAIMS. 

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

3 apply to this title and section 901, except that for pur4 poses of that application, a reference in that section 1107 

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

6 title and section 901’.’’. 

7 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS8 ING CASES.—Section 901 of the Civil Rights Act of 1968 

9 (42 U.S.C. 3631) is amended by inserting ‘‘(including sex10 ual orientation (as such term is defined in section 802 of 

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

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

13 term appears. 

14 SEC. 11. EQUAL CREDIT OPPORTUNITY. 

15 (a) PROHIBITED DISCRIMINATION.—Section 

16 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 

17 1691(a)(1)) is amended by inserting ‘‘(including sexual 

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

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

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

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

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

23 (2) by inserting after subsection (e) the fol24 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. 

4 ‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori5 gin’, ‘sex’ (including ‘sexual orientation’ and ‘gender iden6 tity’), ‘marital status’, or ‘age’, used with respect to an 

7 individual, includes— 

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

9 sex (including sexual orientation and gender iden10 tity), marital status, or age, respectively, of another 

11 person with whom the individual is associated or has 

12 been associated; and 

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

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

15 sex (including sexual orientation and gender iden16 tity), marital status, or age, respectively, of the indi17 vidual.’’; 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 ‘‘(including sexual orientation and 

7 gender identity),’’ 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 ‘‘(including 

19 sexual orientation and gender identity),’’ after 

20 ‘‘sex,’’; 

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

22 by inserting ‘‘(including sexual orientation and gen23 der identity),’’ after ‘‘sex,’’; 

24 (3) in section 1869— 


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

2 the end; 

3 (B) in subsection (k), by striking the pe4 riod at the end and inserting a semicolon; and 

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

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

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

8 of the Civil Rights Act of 1964; and 

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

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

11 ‘national origin’, used with respect to an individual, in12 cludes— 

13 ‘‘(1) the race, color, religion, sex (including sex14 ual orientation and gender identity), economic sta15 tus, or national origin, respectively, of another per16 son with whom the individual is associated or has 

17 been associated; and 

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

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

20 sexual orientation and gender identity), economic 

21 status, or national origin, respectively, of the indi22 vidual.’’; and 

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


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1 ‘‘§ 1879. Rules of construction and claims 

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

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

4 for purposes of that application, a reference in those sec5 tions to a ‘covered title’ shall be considered a reference 

6 to ‘this chapter’.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

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

Æ 


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