of the practices described in this subparagraph re-
strict the ability to wear religious clothing, to take 
time off for a holy day, or to participate in a reli-
gious observance or practice. 
‘‘(3) In this subsection, the term ‘undue hard-
ship’ means an accommodation requiring significant 
difficulty or expense. 
‘‘(A) For purposes of determining whether 
an accommodation requires significant difficulty 
or expense, factors to be considered in making 
the determination shall include— 
‘‘(i) the identifiable cost of the accom-
modation, including the costs of loss of 
productivity and of retraining or hiring 
employees or transferring employees from 
one facility to another; 
‘‘(ii) the overall financial resources 
and size of the employer involved, relative 
to the number of its employees; 
‘‘(iii) for an employer with multiple 
facilities, the geographic separateness or 
administrative or fiscal relationship of the 
facilities; and 
‘‘(iv) whether the accommodation will 
obstruct the employer from providing its 
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customers or clients the full and equal en-
joyment of the goods, services, facilities, 
privileges, advantages, and accommoda-
tions offered. 
‘‘(B) An employer shall not be required to 
provide an accommodation that will result in 
the violation of Federal or State law nor result 
in liability for a hostile work environment.’’; 
and 
(5) by inserting after subsection (n) the fol-
lowing: 
‘‘(o)(1) The term ‘gender identity’ means the gender- 
related identity, appearance, mannerisms, or other gender- 
related characteristics of an individual, without regard to 
the individual’s designated sex at birth. A person’s gender 
identity can be shown by providing evidence, including 
medical history, care or treatment of the gender identity, 
consistent and uniform assertion of the gender identity, 
or other evidence that the gender identity is sincerely held, 
part of a person’s core identity, and not being asserted 
for an improper purpose. 
‘‘(2) The term ‘sexual orientation’ means homosex-
uality, heterosexuality, or bisexuality. 
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‘‘(3) The terms ‘religion’ and ‘religious’ include all 
aspects of religious belief, observance, and practice, wheth-
er or not compelled by, or central to, a system of religion. 
‘‘(4) The term ‘religious corporation, association, 
educational institution, or society’ includes— 
‘‘(A) a church, synagogue, mosque, temple, or 
other house of worship; 
‘‘(B) a nonprofit corporation, association, edu-
cational institution, society, or other nonprofit entity 
that is, in whole or substantial part, owned, sup-
ported, controlled, or managed by a particular reli-
gion or by a particular church, denomination, con-
vention, or association of churches or other houses 
of worship; or 
‘‘(C) a nonprofit corporation, association, edu-
cational institution, society, or other nonprofit entity 
that holds itself out to the public as substantially re-
ligious, has as its stated purpose in its organic docu-
ments that it is religious, and is substantially reli-
gious in its current operations.’’. 
(b) EXEMPTION.—Section 702(a) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–1(a)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) by striking ‘‘State, or’’ and inserting the 
following: 
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‘‘State. 
‘‘(2)(A) This title shall not apply’’; and 
(3) by adding at the end of paragraph (2) the 
following: 
‘‘(B) EXEMPT ORGANIZATIONS.—With respect 
to claims of employment discrimination because of 
sexual orientation or gender identity, nothing in this 
subchapter shall apply to the following: 
‘‘(i) a church or its integrated auxiliaries, 
a convention or association of churches, or a re-
ligious 
order, 
as 
described 
in 
section 
6033(a)(3)(A)(i) and section 6033(a)(3)(A)(iii) 
of the Internal Revenue Code of 1986; 
‘‘(ii) a religious organization described in 
sections 501(c)(3) and 509(a)(1), (2), or (3) 
that is covered by an Internal Revenue Service 
group exemption letter issued to a church or a 
convention or association of churches; 
‘‘(iii) a religious educational institution 
that is eligible for exemption under section 
703(e)(2) of this subchapter; 
‘‘(iv) a religious corporation, association, 
or society under section 702(a) of this sub-
chapter that is eligible for tax-exempt status 
under section 501(c)(3) of the Internal Revenue 
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Code of 1986 and that employs only individuals 
of the employer’s religion, unless the employee 
demonstrates that the employer has not applied 
with reasonable consistency its religious stand-
ard cited as the reason for the adverse employ-
ment action; or 
‘‘(v) any association exclusively composed 
of 
employers 
exempt 
under 
paragraph 
(2)(B)(i)–(iv). 
‘‘(C) A claim under this subchapter 
against an employer described by section 
702(a)(2)(B) for discrimination because of sex 
shall not include claims of discrimination be-
cause of sexual orientation or gender identity. 
This provision shall not otherwise affect claims 
of sex discrimination, and nothing in this provi-
sion shall prevent a person, regardless of sexual 
orientation or gender identity, from bringing a 
claim of sex discrimination. 
‘‘(D) No religious corporation, association, 
or society otherwise eligible under paragraph 
(2)(B)(iv) of this section shall be ineligible be-
cause of nonrecognition under section 501(c)(3) 
of the Internal Revenue Code, unless such tax 
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treatment 
is 
consistent 
with 
section 
501(c)(3)(B) of that Code. 
‘‘(E) No employer whose primary purpose 
and activity is to deliver medical services shall 
be eligible for the exemptions under section 
702(a)(2)(B). 
‘‘(F) Nothing in this section shall prejudice 
rights and defenses available under sections 
702(a) and 703(e)(2).’’. 
(c) UNLAWFUL EMPLOYMENT PRACTICES.—Section 
703 of such Act (42 U.S.C. 2000e–2) is amended— 
(1) except in subsection (e), by inserting ‘‘sex-
ual orientation, gender identity,’’ immediately before 
‘‘or national origin’’ each place it appears; 
(2) in subsection (e)(1), by striking ‘‘enter-
prise,’’ and inserting ‘‘enterprise, if an individual is 
recognized as qualified in accordance with gender 
identity when sex is a bona fide occupational quali-
fication,’’; 
(3) in the heading of subsection (m), by strik-
ing ‘‘SEX,’’ and inserting ‘‘SEX, SEXUAL ORIENTA-
TION, GENDER IDENTITY,’’; and 
(4) by adding at the end the following: 
‘‘(o)(1) In this section: 
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to accommodate the religious observance or practice of the 
employee.’’. 
(d) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 
Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–3) is amended— 
(1) in subsection (b) by inserting ‘‘sexual ori-
entation, gender identity,’’ before ‘‘national origin’’ 
each place it appears; 
(2) in subsection (b) by striking ‘‘employment.’’ 
and inserting ‘‘employment, if an individual is recog-
nized as qualified in accordance with gender identity 
when sex is a bona fide occupational qualification.’’; 
and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) PROHIBITED SANCTIONS
FOR CERTAIN EM-
PLOYEE SPEECH.— 
‘‘(1) An employee may express the employee’s 
religious, political, or moral beliefs in the workplace 
in a reasonable, nondisruptive, and nonharassing 
way on equal terms with similar types of expression 
of beliefs allowed by the employer in the workplace, 
unless the expression is in direct and substantial 
conflict with the essential business-related interests 
of the employer. 
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‘‘(2) An employer may not discharge, demote, 
terminate, or refuse to hire any person, or retaliate 
against, harass, or discriminate in matters of com-
pensation or in terms, privileges, and conditions of 
employment against any person otherwise qualified 
for employment, for lawful expression or expressive 
activity outside of the workplace regarding the per-
son’s beliefs that— 
‘‘(A) marriage is or should be recognized 
as a union of one man and one woman, or one 
woman and one woman, or one man and one 
man; or 
‘‘(B) sexual activity should or should not 
be reserved for spouses within a marriage. 
The employee’s expression is not protected under 
subsection (c)(2) if it directly and materially im-
pedes the employee’s performance of an essential job 
function. 
‘‘(3) Paragraphs (1) and (2) shall not apply to 
a nonprofit organization that operates to express or 
advocate particular viewpoints, or to an employer 
that is a religious corporation, association, edu-
cational institution, or society covered by section 
701(o)(4).’’. 
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(e) CLAIMS.—Section 706(g)(2)(A) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–5(g)(2)(A)) is 
amended by striking ‘‘sex,’’ and inserting ‘‘sex, sexual ori-
entation, gender identity,’’. 
(f) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec-
tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–16) is amended— 
(1) in subsection (a), by striking ‘‘sex,’’ and in-
serting ‘‘sex, sexual orientation, gender identity,’’; 
and 
(2) in subsection (c), by striking ‘‘sex’’ and in-
serting ‘‘sex, sexual orientation, gender identity,’’. 
(g) GOVERNMENT
EMPLOYEE
RIGHTS
ACT
OF 
1991.—The Government Employee Rights Act of 1991 
(title III of Public Law 102–166; 42 U.S.C. 2000e–16 et 
seq.) is amended— 
(1) in section 301(b), by striking ‘‘sex,’’ and in-
serting ‘‘sex, sexual orientation, gender identity,’’; 
and 
(2) in section 302(a)(1), by striking ‘‘sex,’’ and 
inserting ‘‘sex, sexual orientation, gender identity,’’. 
(h) ADDITIONAL FACILITIES NOT REQUIRED.—The 
Civil Rights Act of 1964 (42 U.S.C. 2000e–18) is amend-
ed by adding at the end the following: 
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‘‘SEC. 719. Nothing in this subchapter shall be con-
strued to require the construction of new or additional fa-
cilities.’’. 
(i) PRIVACY IN SEX-DESIGNATED FACILITIES.—The 
Civil Rights Act of 1964 (42 U.S.C. 2000e–19), as amend-
ed by subsection (h), is amended by adding at the end 
the following: 
‘‘SEC. 720. If equivalent facilities and benefits are 
made available and without regard to a prohibited classi-
fication under this subchapter, an employer shall reason-
ably accommodate an employee who requests greater pri-
vacy within a facility intended for the exclusive use of per-
sons of the same sex.’’. 
(j) INTERVENTION.—Section 902 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000h–2) is amended by inserting 
‘‘sexual orientation, gender identity,’’ before ‘‘or national 
origin,’’. 
(k) CONGRESSIONAL
ACCOUNTABILITY
ACT
OF 
1995.—Section 201(a)(1) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1311(a)(1)) is amended by 
inserting ‘‘sexual orientation, gender identity,’’ before ‘‘or 
national origin,’’. 
(l) TITLE 5, UNITED STATES CODE.—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, sexual orientation, gender iden-
tity,’’; and 
(2) in section 2302— 
(A) in subsection (b)(1)(A), by inserting 
‘‘sexual orientation, gender identity,’’ before ‘‘or 
national origin,’’; and 
(B) in subsection (d)(1), by inserting ‘‘sex-
ual orientation, gender identity,’’ before ‘‘or na-
tional origin;’’. 
SEC. 5. HOUSING DISCRIMINATION PROHIBITED. 
(a) IN GENERAL.— 
(1) Section 804 of the Fair Housing Act (42 
U.S.C. 3604) is amended by inserting ‘‘sexual ori-
entation, gender identity,’’ after ‘‘sex’’ each place 
that term appears. 
(2) Section 805 of the Fair Housing Act (42 
U.S.C. 3605) is amended by inserting ‘‘sexual ori-
entation, gender identity,’’ after ‘‘sex’’ each place 
that term appears. 
(3) Section 806 of the Fair Housing Act (42 
U.S.C. 3606) is amended by inserting ‘‘sexual ori-
entation, gender identity,’’ after ‘‘sex’’ each place 
that term appears. 
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