(ii) a Presidential appointee or State 
employee to which section 302(a)(1) of the 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16(a)(1)) applies; 
(iii) a covered employee, as defined in 
section 101 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301) or sec-
tion 411(c) of title 3, United States Code; 
or 
(iv) an employee or applicant to which 
section 717(a) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–16(a)) applies. 
(B) EXCEPTION.—The provisions of this 
Act that apply to an employee or individual 
shall not apply to a volunteer who receives no 
compensation. 
(4) 
EMPLOYER.—The 
term 
‘‘employer’’ 
means— 
(A) a person engaged in an industry affect-
ing commerce (as defined in section 701(h) of 
the Civil Rights Act of 1964 (42 U.S.C. 
2000e(h)) who has 15 or more employees (as 
defined in subparagraphs (A)(i) and (B) of 
paragraph (3)) for each working day in each of 
20 or more calendar weeks in the current or 
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preceding calendar year, and any agent of such 
a person, but does not include a bona fide pri-
vate membership club (other than a labor orga-
nization) that is exempt from taxation under 
section 501(c) of the Internal Revenue Code of 
1986; 
(B) an employing authority to which sec-
tion 302(a)(1) of the Government Employee 
Rights Act of 1991 applies; 
(C) an employing office, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 or section 411(c) of title 3, United 
States Code; or 
(D) an entity to which section 717(a) of 
the Civil Rights Act of 1964 applies. 
(5) EMPLOYMENT
AGENCY.—The term ‘‘em-
ployment agency’’ has the meaning given the term in 
section 701(c) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(c)). 
(6) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ means the gender-related identity, appear-
ance, or mannerisms or other gender-related charac-
teristics of an individual, with or without regard to 
the individual’s designated sex at birth. 
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(7) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given the term in 
section 701(d) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(d)). 
(8) PERSON.—The term ‘‘person’’ has the 
meaning given the term in section 701(a) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). 
(9) RELIGIOUS ORGANIZATION.—The term ‘‘re-
ligious organization’’ means— 
(A) a religious corporation, association, or 
society; or 
(B) a school, college, university, or other 
educational institution or institution of learn-
ing, if— 
(i) the institution is in whole or sub-
stantial part controlled, managed, owned, 
or supported by a particular religion, reli-
gious corporation, association, or society; 
or 
(ii) the curriculum of the institution is 
directed toward the propagation of a par-
ticular religion. 
(10) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 701(i) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e(i)). 
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(b) APPLICATION OF DEFINITIONS.—For purposes of 
this section, a reference in section 701 of the Civil Rights 
Act of 1964— 
(1) to an employee or an employer shall be con-
sidered to refer to an employee (as defined in para-
graph (3)) or an employer (as defined in paragraph 
(4)), respectively, except as provided in paragraph 
(2) below; and 
(2) to an employer in subsection (f) of that sec-
tion shall be considered to refer to an employer (as 
defined in paragraph (4)(A)). 
SEC. 3. EMPLOYMENT DISCRIMINATION PROHIBITED. 
(a) EMPLOYER PRACTICES.—It shall be an unlawful 
employment practice for an employer— 
(1) to fail or refuse to hire or to discharge any 
individual, or otherwise discriminate against any in-
dividual with respect to the compensation, terms, 
conditions, or privileges of employment of the indi-
vidual, because of such individual’s actual or per-
ceived gender identity; or 
(2) to limit, segregate, or classify the employees 
or applicants for employment of the employer in any 
way that would deprive or tend to deprive any indi-
vidual of employment or otherwise adversely affect 
the status of the individual as an employee, because 
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of such individual’s actual or perceived gender iden-
tity. 
(b) EMPLOYMENT AGENCY PRACTICES.—It shall be 
an unlawful employment practice for an employment agen-
cy to fail or refuse to refer for employment, or otherwise 
to discriminate against, any individual because of the ac-
tual or perceived gender identity of the individual or to 
classify or refer for employment any individual on the 
basis of the actual or perceived gender identity of the indi-
vidual. 
(c) LABOR ORGANIZATION PRACTICES.—It shall be 
an unlawful employment practice for a labor organiza-
tion— 
(1) to exclude or to expel from its membership, 
or otherwise to discriminate against, any individual 
because of the actual or perceived gender identity of 
the individual; 
(2) to limit, segregate, or classify its member-
ship or applicants for membership, or to classify or 
fail or refuse to refer for employment any individual, 
in any way that would deprive or tend to deprive any 
individual of employment, or would limit such em-
ployment or otherwise adversely affect the status of 
the individual as an employee or as an applicant for 
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employment because of such individual’s actual or 
perceived gender identity; or 
(3) to cause or attempt to cause an employer to 
discriminate against an individual in violation of this 
section. 
(d) TRAINING PROGRAMS.—It shall be an unlawful 
employment practice for any employer, labor organization, 
or joint labor-management committee controlling appren-
ticeship or other training or retraining, including on-the- 
job training programs, to discriminate against any indi-
vidual because of the actual or perceived gender identity 
of the individual in admission to, or employment in, any 
program established to provide apprenticeship or other 
training. 
(e) ASSOCIATION.—An unlawful employment practice 
described in any of subsections (a) through (d) shall be 
considered to include an action described in that sub-
section, taken against an individual based on the actual 
or perceived gender identity of a person with whom the 
individual associates or has associated. 
(f) NO PREFERENTIAL TREATMENT OR QUOTAS.— 
Nothing in this Act shall be construed or interpreted to 
require or permit— 
(1) any covered entity to grant preferential 
treatment to any individual or to any group because 
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of the actual or perceived gender identity of such in-
dividual or group on account of an imbalance which 
may exist with respect to the total number or per-
centage of persons of any actual or perceived gender 
identity employed by any employer, referred or clas-
sified for employment by any employment agency or 
labor organization, admitted to membership or clas-
sified by any labor organization, or admitted to, or 
employed in, any apprenticeship or other training 
program, in comparison with the total number or 
percentage of persons of such actual or perceived 
gender identity in any community, State, section, or 
other area, or in the available work force in any 
community, State, section, or other area; or 
(2) the adoption or implementation by a cov-
ered entity of a quota on the basis of actual or per-
ceived gender identity. 
(g) DISPARATE IMPACT.—Only disparate treatment 
claims may be brought under this Act. 
SEC. 4. RETALIATION PROHIBITED. 
It shall be an unlawful employment practice for a cov-
ered entity to discriminate against an individual because 
such individual (1) opposed any practice made an unlawful 
employment practice by this Act; or (2) made a charge, 
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testified, assisted, or participated in any manner in an in-
vestigation, proceeding, or hearing under this Act. 
SEC. 5. EXEMPTION FOR RELIGIOUS ORGANIZATIONS. 
This Act shall not apply to a religious organization. 
SEC. 6. NONAPPLICATION TO MEMBERS OF THE ARMED 
FORCES; VETERANS’ PREFERENCES. 
(a) ARMED FORCES.— 
(1) EMPLOYMENT.—In this Act, the term ‘‘em-
ployment’’ does not apply to the relationship be-
tween the United States and members of the Armed 
Forces. 
(2) ARMED
FORCES.—In paragraph (1) the 
term ‘‘Armed Forces’’ means the Army, Navy, Air 
Force, Marine Corps, and Coast Guard. 
(b) VETERANS’ PREFERENCES.—This title does not 
repeal or modify any Federal, State, territorial, or local 
law creating a special right or preference concerning em-
ployment for a veteran. 
SEC. 7. CONSTRUCTION. 
(a) EMPLOYER RULES AND POLICIES.— 
(1) IN GENERAL.—Nothing in this Act shall be 
construed to prohibit a covered entity from enforcing 
rules and policies that do not intentionally cir-
cumvent the purposes of this Act, if the rules or 
policies are designed for, and uniformly applied to, 
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all individuals regardless of actual or perceived gen-
der identity. 
(2) SEXUAL
HARASSMENT.—Nothing in this 
Act shall be construed to limit a covered entity from 
taking adverse action against an individual because 
of a charge of sexual harassment against that indi-
vidual, provided that rules and policies on sexual 
harassment, including when adverse action is taken, 
are designed for, and uniformly applied to, all indi-
viduals regardless of actual or perceived gender iden-
tity. 
(3) CERTAIN SHARED FACILITIES.—Nothing in 
this Act shall be construed to establish an unlawful 
employment practice based on actual or perceived 
gender identity due to the denial of access to shared 
shower or dressing facilities in which being seen 
unclothed is unavoidable, provided that the employer 
provides reasonable access to adequate facilities that 
are not inconsistent with the employee’s gender iden-
tity as established with the employer at the time of 
employment or upon notification to the employer 
that the employee has undergone or is undergoing 
gender transition, whichever is later. 
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(4) ADDITIONAL FACILITIES NOT REQUIRED.— 
Nothing in this Act shall be construed to require the 
construction of new or additional facilities. 
(5) DRESS AND GROOMING STANDARDS.—Noth-
ing in this Act shall prohibit an employer from re-
quiring an employee, during the employee’s hours at 
work, to adhere to reasonable dress or grooming 
standards not prohibited by other provisions of Fed-
eral, State, or local law, provided that the employer 
permits any employee who has undergone gender 
transition prior to the time of employment, and any 
employee who has notified the employer that the em-
ployee has undergone or is undergoing gender tran-
sition after the time of employment, to adhere to the 
same dress or grooming standards for the gender to 
which 
the 
employee 
has 
transitioned 
or 
is 
transitioning. 
SEC. 8. COLLECTION OF STATISTICS PROHIBITED. 
The Commission shall not collect statistics on actual 
or perceived gender identity from covered entities, or com-
pel the collection of such statistics by covered entities. 
SEC. 9. ENFORCEMENT. 
(a) ENFORCEMENT POWERS.—With respect to the 
administration and enforcement of this Act in the case of 
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a claim alleged by an individual for a violation of this 
Act— 
(1) the Commission shall have the same powers 
as the Commission has to administer and enforce— 
(A) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); or 
(B) sections 302 and 304 of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16b and 2000e–16c), 
in the case of a claim alleged by such individual for 
a violation of such title, or of section 302(a)(1) of 
the Government Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b(a)(1)), respectively; 
(2) the Librarian of Congress shall have the 
same powers as the Librarian of Congress has to ad-
minister and enforce title VII of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e et seq.) in the case of a 
claim alleged by such individual for a violation of 
such title; 
(3) the Board (as defined in section 101 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 
1301)) shall have the same powers as the Board has 
to administer and enforce the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1301 et seq.) in 
the case of a claim alleged by such individual for a 
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violation of section 201(a)(1) of such Act (2 U.S.C. 
1311(a)(1)); 
(4) the Attorney General shall have the same 
powers as the Attorney General has to administer 
and enforce— 
(A) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); or 
(B) sections 302 and 304 of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16b and 2000e–16c); 
in the case of a claim alleged by such individual for 
a violation of such title, or of section 302(a)(1) of 
the Government Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b(a)(1)), respectively; 
(5) the President, the Commission, and the 
Merit Systems Protection Board shall have the same 
powers as the President, the Commission, and the 
Board, respectively, have to administer and enforce 
chapter 5 of title 3, United States Code, in the case 
of a claim alleged by such individual for a violation 
of section 411 of such title; 
(6) a court of the United States shall have the 
same jurisdiction and powers as the court has to en-
force— 
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(A) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.) in the case of 
a claim alleged by such individual for a viola-
tion of such title; 
(B) sections 302 and 304 of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16b and 2000e–16c) in the case of a 
claim alleged by such individual for a violation 
of section 302(a)(1) of such Act (42 U.S.C. 
2000e–16b(a)(1)); 
(C) the Congressional Accountability Act 
of 1995 (2 U.S.C. 1301 et seq.) in the case of 
a claim alleged by such individual for a viola-
tion of section 201(a)(1) of such Act (2 U.S.C. 
1311(a)(1)); and 
(D) chapter 5 of title 3, United States 
Code, in the case of a claim alleged by such in-
dividual for a violation of section 411 of such 
title. 
(b) PROCEDURES AND REMEDIES.—The procedures 
and remedies applicable to a claim alleged by an individual 
for a violation of this Act are— 
(1) the procedures and remedies applicable for 
a violation of title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.) in the case of a 
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claim alleged by such individual for a violation of 
such title; 
(2) the procedures and remedies applicable for 
a violation of section 302(a)(1) of the Government 
Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) 
in the case of a claim alleged by such individual for 
a violation of such section; 
(3) the procedures and remedies applicable for 
a violation of section 201(a)(1) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in 
the case of a claim alleged by such individual for a 
violation of such section; and 
(4) the procedures and remedies applicable for 
a violation of section 411 of title 3, United States 
Code, in the case of a claim alleged by such indi-
vidual for a violation of such section. 
(c) OTHER APPLICABLE PROVISIONS.—With respect 
to a claim alleged by a covered employee (as defined in 
section 101 of the Congressional Accountability Act of 
1995 (2 U.S.C. 1301)) for a violation of this Act, title 
III of the Congressional Accountability Act of 1995 (2 
U.S.C. 1381 et seq.) shall apply in the same manner as 
such title applies with respect to a claim alleged by such 
a covered employee for a violation of section 201(a)(1) of 
such Act (2 U.S.C. 1311(a)(1)). 
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