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are often discriminated against when two names as-
sociated with one gender appear on a housing appli-
cation, and transgender people often encounter dis-
crimination when credit checks or inquiries reveal a 
former name. 
(15) National surveys, including a study com-
missioned by the Department of Housing and Urban 
Development, show that housing discrimination 
against LGBTQ people is very prevalent. For in-
stance, when same-sex couples inquire about housing 
that is available for rent, they are less likely to re-
ceive positive responses from landlords. A national 
matched-pair testing investigation found that nearly 
one-half of same-sex couples face adverse, differen-
tial treatment when seeking elder housing. Accord-
ing to other studies, transgender people have half 
the homeownership rate of non-transgender people 
and about 1 in 5 transgender people experience 
homelessness. 
(16) As a result of the absence of explicit prohi-
bitions against discrimination on the basis of sexual 
orientation and gender identity, credit applicants 
who are LGBTQ, or perceived to be LGBTQ, have 
unequal opportunities to establish credit. LGBTQ 
people can experience being denied a mortgage, cred-
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it card, student loan, or many other types of credit 
simply because of their sexual orientation or gender 
identity. 
(17) 
Numerous 
studies 
demonstrate 
that 
LGBTQ people, especially transgender people and 
women, are economically disadvantaged and at a 
higher risk for poverty compared with other groups 
of people. For example, older women in same-sex 
couples have twice the poverty rate of older dif-
ferent-sex couples. 
(18) The right to an impartial jury of one’s 
peers and the reciprocal right to jury service are 
fundamental to the free and democratic system of 
justice in the United States and are based in the 
Bill of Rights. There is, however, an unfortunate 
and long-documented history in the United States of 
attorneys discriminating against LGBTQ individ-
uals, or those perceived to be LGBTQ, in jury selec-
tion. Failure to bar peremptory challenges based on 
the actual or perceived sexual orientation or gender 
identity of an individual not only erodes a funda-
mental right, duty, and obligation of being a citizen 
of the United States, but also unfairly creates a sec-
ond class of citizenship for LGBTQ victims, wit-
nesses, plaintiffs, and defendants. 
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(19) Numerous studies document the shortage 
of qualified and available homes for the 437,000 
youth in the child welfare system and the negative 
outcomes for the many youth who live in group care 
as opposed to a loving home or who age out without 
a permanent family. Although same-sex couples are 
7 times more likely to foster or adopt than their dif-
ferent-sex counterparts, many child placing agencies 
refuse to serve same-sex couples and LGBTQ indi-
viduals. This has resulted in a reduction of the pool 
of qualified and available homes for youth in the 
child welfare system who need placement on a tem-
porary or permanent basis. Barring discrimination 
in foster care and adoption will increase the number 
of homes available to foster children waiting for fos-
ter and adoptive families. 
(20) LGBTQ youth are overrepresented in the 
foster care system by at least a factor of two and 
report twice the rate of poor treatment while in care 
compared 
to 
their 
non-LGBTQ 
counterparts. 
LGBTQ youth in foster care have a higher average 
number of placements, higher likelihood of living in 
a group home, and higher rates of hospitalization for 
emotional reasons and juvenile justice involvement 
than their non-LGBTQ peers because of the high 
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level of bias and discrimination that they face and 
the difficulty of finding affirming foster placements. 
Further, due to their physical distance from friends 
and family, traumatic experiences, and potentially 
unstable living situations, all youth involved with 
child welfare are at risk for being targeted by traf-
fickers seeking to exploit children. Barring discrimi-
nation in child welfare services will ensure improved 
treatment and outcomes for LGBTQ foster children. 
(b) PURPOSE.—It is the purpose of this Act to ex-
pand as well as clarify, confirm and create greater consist-
ency in the protections and remedies against discrimina-
tion on the basis of all covered characteristics and to pro-
vide guidance and notice to individuals, organizations, cor-
porations, and agencies regarding their obligations under 
the law. 
SEC. 3. PUBLIC ACCOMMODATIONS. 
(a) PROHIBITION ON DISCRIMINATION OR SEGREGA-
TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended— 
(1) in subsection (a), by inserting ‘‘sex (includ-
ing sexual orientation and gender identity),’’ before 
‘‘or national origin’’; and 
(2) in subsection (b)— 
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(A) in paragraph (3), by striking ‘‘sta-
dium’’ and all that follows and inserting ‘‘sta-
dium or other place of or establishment that 
provides exhibition, entertainment, recreation, 
exercise, amusement, public gathering, or public 
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 cen-
ter, online retailer or service provider, salon, bank, 
gas station, food bank, service or care center, shel-
ter, travel agency, or funeral parlor, or establish-
ment 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 transpor-
tation service; and’’. 
(b) PROHIBITION ON DISCRIMINATION OR SEGREGA-
TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 
2000a–1) is amended by inserting ‘‘sex (including sexual 
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1106 to ‘race, color, religion, sex (including sexual orienta-
tion and gender identity), or national origin’ shall be con-
sidered to be a reference to ‘race, color, religion, sex, sex-
ual orientation, gender identity, national origin, age, or 
disability’.’’. 
(g) CONGRESSIONAL
ACCOUNTABILITY
ACT
OF 
1995.—The Congressional Accountability Act of 1995 (2 
U.S.C. 1301 et seq.) is amended— 
(1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) 
by inserting ‘‘(including sexual orientation and gen-
der identity),’’ before ‘‘or national origin,’’; and 
(2) by adding at the end of title II (42 U.S.C. 
1311 et seq.) the following: 
‘‘SEC. 208. RULES OF CONSTRUCTION AND CLAIMS. 
‘‘Sections 1101(b), 1106, and 1107 of the Civil 
Rights Act of 1964 shall apply to section 201 (and reme-
dial provisions of this Act related to section 201) except 
that for purposes of that application, a reference in that 
section 1106 to ‘race, color, religion, sex (including sexual 
orientation and gender identity), or national origin’ shall 
be considered to be a reference to ‘race, color, religion, 
sex (including sexual orientation and gender identity), na-
tional origin, age, or disability’.’’. 
(h) CIVIL SERVICE REFORM ACT OF 1978.—Chapter 
23 of title 5, United States Code, is amended— 
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(1) in section 2301(b)(2), by striking ‘‘sex,’’ 
and inserting ‘‘sex (including sexual orientation and 
gender identity),’’; 
(2) in section 2302— 
(A) in subsection (b)(1)(A), by inserting 
‘‘(including sexual orientation and gender iden-
tity),’’ before ‘‘or national origin,’’; and 
(B) in subsection (d)(1), by inserting ‘‘(in-
cluding sexual orientation and gender iden-
tity),’’ before ‘‘or national origin;’’; and 
(3) by adding at the end the following: 
‘‘SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS. 
‘‘Sections 1101(b), 1106, and 1107 of the Civil 
Rights Act of 1964 shall apply to this chapter (and reme-
dial provisions of this title related to this chapter) except 
that for purposes of that application, a reference in that 
section 1106 to ‘race, color, religion, sex (including sexual 
orientation and gender identity), or national origin’ shall 
be considered to be a reference to ‘race, color, religion, 
sex (including sexual orientation and gender identity), na-
tional origin, age, a handicapping condition, marital sta-
tus, or political affiliation’.’’. 
SEC. 8. INTERVENTION. 
Section 902 of the Civil Rights Act of 1964 (42 
U.S.C. 2000h–2) is amended by inserting ‘‘(including sex-
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ual orientation and gender identity),’’ before ‘‘or national 
origin,’’. 
SEC. 9. MISCELLANEOUS. 
Title XI of the Civil Rights Act of 1964 is amended— 
(1) by redesignating sections 1101 through 
1104 (42 U.S.C. 2000h et seq.) and sections 1105 
and 1106 (42 U.S.C. 2000h–5, 2000h–6) as sections 
1102 through 1105 and sections 1108 and 1109, re-
spectively; 
(2) by inserting after the title heading the fol-
lowing: 
‘‘SEC. 1101. DEFINITIONS AND RULES. 
‘‘(a) DEFINITIONS.—In titles II, III, IV, VI, VII, and 
IX (referred to individually in sections 1106 and 1107 as 
a ‘covered title’): 
‘‘(1) RACE; COLOR; RELIGION; SEX; SEXUAL 
ORIENTATION; GENDER
IDENTITY; NATIONAL
ORI-
GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’ (in-
cluding ‘sexual orientation’ and ‘gender identity’), or 
‘national origin’, used with respect to an individual, 
includes— 
‘‘(A) the race, color, religion, sex (includ-
ing sexual orientation and gender identity), or 
national origin, respectively, of another person 
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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. 
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‘‘(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 
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‘‘(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, 
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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.’’; 
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(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’.’’. 
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(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— 
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‘‘(1) the race, color, religion, national origin, 
sex (including sexual orientation and gender iden-
tity), marital status, or age, respectively, of another 
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, national origin, 
sex (including sexual orientation and gender iden-
tity), marital status, or age, respectively, of the indi-
vidual.’’; and 
(3) by adding at the end the following: 
‘‘(j) Sections 1101(b) and 1106 of the Civil Rights 
Act of 1964 shall apply to this title, except that for pur-
poses of that application— 
‘‘(1) a reference in those sections to a ‘covered 
title’ shall be considered a reference to ‘this title’; 
and 
‘‘(2) paragraph (1) of such section 1101(b) 
shall apply with respect to all aspects of a credit 
transaction.’’. 
(c) RELATION TO STATE LAWS.—Section 705(a) of 
the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) 
is amended by inserting ‘‘(including sexual orientation and 
gender identity),’’ after ‘‘sex’’. 
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(d) CIVIL LIABILITY.—Section 706 of the Equal 
Credit Opportunity Act (15 U.S.C. 1691e) is amended by 
adding at the end the following: 
‘‘(l) Section 1107 of the Civil Rights Act of 1964 
shall apply to this title, except that for purposes of that 
application, a reference in that section to a ‘covered title’ 
shall be considered a reference to ‘this title’.’’. 
SEC. 12. JURIES. 
(a) IN GENERAL.—Chapter 121 of title 28, United 
States Code, is amended— 
(1) in section 1862, by inserting ‘‘(including 
sexual orientation and gender identity),’’ after 
‘‘sex,’’; 
(2) in section 1867(e), in the second sentence, 
by inserting ‘‘(including sexual orientation and gen-
der identity),’’ after ‘‘sex,’’; 
(3) in section 1869— 
(A) in subsection (j), by striking ‘‘and’’ at 
the end; 
(B) in subsection (k), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(l) ‘gender identity’, ‘sex’, and ‘sexual orientation’ 
have the meanings given such terms under section 1101(a) 
of the Civil Rights Act of 1964; and 
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‘‘(m) ‘race’, ‘color’, ‘religion’, ‘sex’ (including ‘sexual 
orientation’ and ‘gender identity’), ‘economic status’, or 
‘national origin’, used with respect to an individual, in-
cludes— 
‘‘(1) the race, color, religion, sex (including sex-
ual orientation and gender identity), economic sta-
tus, or national origin, respectively, of another per-
son 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), economic 
status, or national origin, respectively, of the indi-
vidual.’’; and 
(4) by adding at the end the following: 
‘‘§ 1879. Rules of construction and claims 
‘‘Sections 1101(b), 1106, and 1107 of the Civil 
Rights Act of 1964 shall apply to this chapter, except that 
for purposes of that application, a reference in those sec-
tions to a ‘covered title’ shall be considered a reference 
to ‘this chapter’.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 121 of title 28, United 
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States Code, is amended by adding at the end the fol-
lowing: 
‘‘1879. Rules of construction and claims.’’. 
Passed the House of Representatives May 17, 2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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