Customer Non-Discrimination Act

To prohibit discrimination in public accommodations on the basis of sex, gender identity, and sexual orientation, and for other purposes. 1. Short title This Act may be cited as the Customer Non-Discrimination Act 2. Public accommodations (a) Prohibition on discrimination or segregation in public accommodations Section 201 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a (1) in subsection (a), by inserting sex, sexual orientation, gender identity, or national origin (2) in subsection (b)— (A) in paragraph (3), by striking stadium stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, gathering, or display; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: (4) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services; (5) any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and . (b) Prohibition on discrimination or segregation under law Section 202 of such Act ( 42 U.S.C. 2000a–1 sex, sexual orientation, gender identity, or national origin (c) Definitions and rules of construction Title II of such Act ( 42 U.S.C. 2000a et seq. 208. Definitions and rules (a) Definitions (1) Race; color; religion; sex; sexual orientation; gender identity; national origin The term race color religion sex sexual orientation gender identity national origin (A) the race, color, religion, sex, sexual orientation, gender identity, or national origin, respectively, of another person with whom the individual is associated or has been associated; and (B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, or national origin, respectively, of the individual. (2) Gender identity The term gender identity (3) Including The term including (4) Sex The term sex (A) a sex stereotype; (B) pregnancy, childbirth, or a related medical condition; and (C) sexual orientation or gender identity. (5) Sexual orientation The term sexual orientation (b) Rules In this title— (1) (with respect to sex) pregnancy, childbirth, or a related medical condition shall not receive less favorable treatment than other physical conditions; and (2) (with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity. 209. Rules of construction (a) Claims and remedies not precluded Nothing in this title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes ( 42 U.S.C. 1983 (b) No negative inference Nothing in this title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype. (c) Scope of an establishment A reference in this title to an establishment— (1) shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and (2) shall not be construed to be limited to a physical facility or place. 210. Claims The Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. .

Summary: Customer Non-Discrimination Act This bill amends the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation in places of public accommodation. It defines: "sex" to include a sex stereotype, sexual orientation or gender identity, and pregnancy, childbirth, or a related medical condition; "sexual orientation" as homosexuality, heterosexuality, or bisexuality; and "gender identity" as gender-related identity, appearance, mannerisms, or characteristics, regardless of the individual's designated sex at birth. The bill expands the categories of public accommodations to include places or establishments that provide: exhibitions, recreation, exercise, amusement, gatherings, or displays; goods, services, or programs, including a store, a shopping center, an online retailer or service provider, a salon, a bank, a gas station, a food bank, a service or care center, a shelter, a travel agency, a funeral parlor, or a health care, accounting, or legal service; or transportation services. "Establishment" shall not be construed to be limited to a physical facility or place. Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin must include protections against discrimination based on: (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections. The bill prohibits denial of an individual's access to a shared facility (including a restroom, a locker room, and a dressing room) that is in accordance with the individual's gender identity.