‘‘(A) making, performing, and enforcing 
contracts; 
‘‘(B) producing, consuming, browsing for, 
shopping for, or waiting for goods or services; 
‘‘(C) soliciting, selecting, hiring, or dealing 
with a vendor, supplier, contractor, or subcon-
tractor; 
‘‘(D) dealing with or serving (including re-
fusing to serve) a shopper, patron, or customer; 
‘‘(E) accessing, processing, or granting (in-
cluding denying) access to loans, credit, bond-
ing, or insurance; and 
‘‘(F) purchasing, leasing, selling, holding, 
or conveying real or personal property, 
whether the activities described in this paragraph 
occur on the internet, at a physical location, or 
through any other medium. 
‘‘(2) FULL AND EQUAL BENEFIT AND ENJOY-
MENT OF ECONOMIC ACTIVITY.—The term ‘full and 
equal benefit and enjoyment of economic activity’ 
means the benefit or enjoyment, respectively, of the 
same benefits, privileges, advantages, preferences, 
opportunities, terms, conditions, goods, services, fa-
cilities, accommodations, service and treatment, em-
ployment, and rights to make, enforce, perform, 
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modify, and terminate contracts, and freedom from 
intimidation, harassment, and profiling as white citi-
zens benefit from or enjoy, respectively. 
‘‘(3) SECURITY OF PERSON AND PROPERTY.— 
The term ‘security’, used with respect to person and 
property, includes protection from physical harm 
and a threat of harm to one’s body or property, and 
protection against exposure to or a disproportionate 
burden from the negative human health and environ-
mental impacts of pollution or an environmental 
hazard. 
‘‘(d) STATEMENT OF EQUAL RIGHTS.—All persons 
within the jurisdiction of the United States shall have the 
same right in every State and territory as is enjoyed by 
white citizens to the full and equal benefit and enjoyment 
of economic activity, to security of their persons and prop-
erty, to make and enforce contracts, including carrying 
out the contract formation process, and to sue, be parties, 
and give evidence, and to the full and equal benefit of all 
laws and proceedings, and shall be subject, in comparison 
to white citizens, to like punishment, pains, penalties, 
taxes, licenses, and exactions of every kind, and to no 
other. 
‘‘(e) DISCRIMINATORY
EFFECTS
ALSO
PROHIB-
ITED.— 
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‘‘(1) IN GENERAL.—No person shall use a cri-
terion, method of administration, practice, or policy 
that has the effect of unjustifiably subjecting an in-
dividual to discrimination in violation of subsection 
(d). 
‘‘(2) DEMONSTRATION.—A challenged criterion, 
method of administration, practice, or policy that 
has an effect described in paragraph (1) shall be un-
justifiable unless its user demonstrates that— 
‘‘(A) the use serves a legitimate purpose, 
which is both required by a substantial business 
necessity and not a pretext for discrimination; 
and 
‘‘(B) if the complaining party proffers an 
alternative, that that alternative is either incon-
sistent with substantial business necessity or 
would produce an equal or greater discrimina-
tory effect on the basis of a classification pro-
tected by subsection (d). 
‘‘(3) LIMITATION ON SUBSTANTIAL BUSINESS 
NECESSITY DEFENSE.—A demonstration that a cri-
terion, method of administration, practice, or policy 
is required by a substantial business necessity may 
not be used as a defense against a claim of inten-
tional discrimination under this section. 
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‘‘(f) PROTECTION AGAINST IMPAIRMENT.—All rights 
protected by this section are protected against impairment 
by nongovernmental discrimination and impairment under 
color of State law. 
‘‘(g) BURDEN
OF PROOF
FOR DISCRIMINATORY 
TREATMENT ACTIONS.—The equal rights guaranteed 
under subsection (d) shall be considered to be denied when 
the complaining party demonstrates that race was a moti-
vating factor for the denial of such rights even though 
other factors also motivated the denial. A denial of equal 
rights guaranteed under subsection (d) may be established 
with comparator evidence or any other evidence that suffi-
ciently demonstrates a denial of such rights, including evi-
dence of conduct that a reasonable person would find ra-
cially hostile. 
‘‘(h) STANDING.—Any person suffering injury in fact 
as a result of the alleged violation of this section may 
bring a cause of action for damages, or for equitable or 
for declaratory relief, under this section. Standing shall 
not be limited to victims who were parties to, or third- 
party beneficiaries of, a contract with the defendant. 
‘‘(i) RESPONDEAT SUPERIOR LIABILITY.—Principals 
shall be liable for violations of this section by their agents, 
and local governments shall be liable for violations of this 
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section by their employees, acting within the scope of their 
duties. 
‘‘(j) JURY TRIAL RIGHT.—All persons within the ju-
risdiction of the United States shall have the right to en-
force a right provided under this section in a court of law 
and before a jury of their peers, and no joint-action waiver 
or pre-dispute arbitration agreement shall be valid or en-
forceable with respect to any alleged violation of this sec-
tion. 
‘‘(k) STATUTE OF LIMITATIONS.—All causes of ac-
tion under this section shall be governed by the 4-year 
statute of limitations provided by section 1658(a) of title 
28, United States Code. 
‘‘(l) REMEDIATING PAST DISCRIMINATION.—Nothing 
in this section shall be construed to prohibit or limit a 
lawful effort, under a provision other than this section, 
to remedy the effects of discrimination that has occurred 
or is occurring.’’. 
SEC. 3. APPLICATION TO PENDING ACTIONS. 
This Act, and the amendment made by this Act, shall 
apply to any cause of action for a violation of section 1977 
of the Revised Statutes that is pending on or after the 
date of enactment of this Act. 
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SEC. 4. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made 
by this Act, and the application of such provision or 
amendment to any person or circumstance shall not be af-
fected thereby. 
Æ 
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