with whom the individual is associated or has 
been associated; and 
‘‘(B) a perception or belief, even if inac-
curate, concerning the race, color, religion, sex 
(including sexual orientation and gender iden-
tity), or national origin, respectively, of the in-
dividual. 
‘‘(2) GENDER
IDENTITY.—The term ‘gender 
identity’ means the gender-related identity, appear-
ance, mannerisms, or other gender-related character-
istics of an individual, regardless of the individual’s 
designated sex at birth. 
‘‘(3) INCLUDING.—The term ‘including’ means 
including, but not limited to, consistent with the 
term’s standard meaning in Federal law. 
‘‘(4) SEX.—The term ‘sex’ includes— 
‘‘(A) a sex stereotype; 
‘‘(B) pregnancy, childbirth, or a related 
medical condition; 
‘‘(C) sexual orientation or gender identity; 
and 
‘‘(D) sex characteristics, including intersex 
traits.
‘‘(5) SEXUAL ORIENTATION.—The term ‘sexual 
orientation’ means homosexuality, heterosexuality, or 
bisexuality. 
‘‘(b) RULES.—In a covered title referred to in sub-
section (a)— 
‘‘(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 indi-
vidual 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.’’; and 
(3) by inserting after section 1105 the fol-
lowing: 
‘‘SEC. 1106. RULES OF CONSTRUCTION. 
‘‘(a) SEX.—Nothing in section 1101 or the provisions 
of a covered title incorporating a term defined or a rule 
specified in that section shall be construed— 
‘‘(1) to limit the protection against an unlawful 
practice on the basis of pregnancy, childbirth, or a 
related medical condition provided by section 701(k); 
or
‘‘(2) to limit the protection against an unlawful 
practice on the basis of sex available under any pro-
vision of Federal law other than that covered title, 
prohibiting a practice on the basis of sex. 
‘‘(b) CLAIMS AND REMEDIES NOT PRECLUDED.— 
Nothing in section 1101 or a covered title shall be con-
strued to limit the claims or remedies available to any indi-
vidual for an unlawful practice on the basis of race, color, 
religion, sex (including sexual orientation and gender iden-
tity), or national origin including claims brought pursuant 
to section 1979 or 1980 of the Revised Statutes (42 
U.S.C. 1983, 1985) or any other law, including a Federal 
law amended by the Equality Act, regulation, or policy. 
‘‘(c) NO NEGATIVE INFERENCE.—Nothing in section 
1101 or a covered 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 condi-
tion, sexual orientation, gender identity, or a sex stereo-
type. 
‘‘SEC. 1107. CLAIMS. 
‘‘The Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.) shall not provide a claim con-
cerning, or a defense to a claim under, a covered title,
or provide a basis for challenging the application or en-
forcement of a covered title.’’. 
SEC. 10. HOUSING. 
(a) FAIR HOUSING ACT.—The Fair Housing Act (42 
U.S.C. 3601 et seq.) is amended— 
(1) in section 802 (42 U.S.C. 3602), by adding 
at the end the following: 
‘‘(p) ‘Gender identity’, ‘sex’, and ‘sexual orientation’ 
have the meanings given those terms in section 1101(a) 
of the Civil Rights Act of 1964. 
‘‘(q) ‘Race’, ‘color’, ‘religion’, ‘sex’ (including ‘sexual 
orientation’ and ‘gender identity’), ‘handicap’, ‘familial 
status’, or ‘national origin’, used with respect to an indi-
vidual, includes— 
‘‘(1) the race, color, religion, sex (including sex-
ual orientation and gender identity), handicap, fa-
milial status, or national origin, respectively, of an-
other person with whom the individual is associated 
or has been associated; and 
‘‘(2) a perception or belief, even if inaccurate, 
concerning the race, color, religion, sex (including 
sexual orientation and gender identity), handicap, 
familial status, or national origin, respectively, of the 
individual.’’;
(2) in section 804, by inserting ‘‘(including sex-
ual orientation and gender identity),’’ after ‘‘sex,’’ 
each place that term appears; 
(3) in section 805, by inserting ‘‘(including sex-
ual orientation and gender identity),’’ after ‘‘sex,’’ 
each place that term appears; 
(4) in section 806, by inserting ‘‘(including sex-
ual orientation and gender identity),’’ after ‘‘sex,’’; 
(5) in section 808(e)(6), by inserting ‘‘(includ-
ing sexual orientation and gender identity),’’ after 
‘‘sex,’’; and 
(6) by adding at the end the following: 
‘‘SEC. 821. RULES OF CONSTRUCTION. 
‘‘Sections 1101(b) and 1106 of the Civil Rights Act 
of 1964 shall apply to this title and section 901, except 
that for purposes of that application, a reference in that 
section 1101(b) or 1106 to a ‘covered title’ shall be consid-
ered a reference to ‘this title and section 901’. 
‘‘SEC. 822. CLAIMS. 
‘‘Section 1107 of the Civil Rights Act of 1964 shall 
apply to this title and section 901, except that for pur-
poses of that application, a reference in that section 1107 
to a ‘covered title’ shall be considered a reference to ‘this 
title and section 901’.’’.
(b) PREVENTION OF INTIMIDATION IN FAIR HOUS-
ING CASES.—Section 901 of the Civil Rights Act of 1968 
(42 U.S.C. 3631) is amended by inserting ‘‘(including sex-
ual orientation (as such term is defined in section 802 of 
this Act) and gender identity (as such term is defined in 
section 802 of this Act)),’’ after ‘‘sex,’’ each place that 
term appears. 
SEC. 11. EQUAL CREDIT OPPORTUNITY. 
(a) 
PROHIBITED
DISCRIMINATION.—Section 
701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 
1691(a)(1)) is amended by inserting ‘‘(including sexual 
orientation and gender identity),’’ after ‘‘sex’’. 
(b) DEFINITIONS.—Section 702 of the Equal Credit 
Opportunity Act (15 U.S.C. 1691a) is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) The terms ‘gender identity’, ‘sex’, and ‘sexual 
orientation’ have the meanings given those terms in sec-
tion 1101(a) of the Civil Rights Act of 1964. 
‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori-
gin’, ‘sex’ (including ‘sexual orientation’ and ‘gender iden-
tity’), ‘marital status’, or ‘age’, used with respect to an 
individual, includes—
116TH CONGRESS 
1ST SESSION 
H. R. 5 
AN ACT 
To prohibit discrimination on the basis of sex, gen-
der identity, and sexual orientation, and for other 
purposes.