SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Equality Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Discrimination can occur on the basis of the 
sex, sexual orientation, gender identity, pregnancy, 
childbirth, or a related medical condition of an indi-
vidual, as well as because of sex-based stereotypes. 
Each of these factors alone can serve as the basis 
for discrimination, and each is a form of sex dis-
crimination. 
(2) A single instance of discrimination may 
have more than one basis. For example, discrimina-
tion against a married same-sex couple could be 
based on the sex stereotype that marriage should 
only be between heterosexual couples, the sexual ori-
entation of the two individuals in the couple, or 
both. In addition, some persons are subjected to dis-
crimination based on a combination or the intersec-
tion of multiple protected characteristics. Discrimi-
nation against a pregnant lesbian could be based on 
her sex, her sexual orientation, her pregnancy, or on 
the basis of multiple factors. 
(3) Lesbian, gay, bisexual, transgender, and 
queer (referred to as ‘‘LGBTQ’’) people commonly 
experience discrimination in securing access to pub-
lic accommodations—including restaurants, senior 
centers, stores, places of or establishments that pro-
vide entertainment, health care facilities, shelters, 
government offices, youth service providers including 
adoption and foster care providers, and transpor-
tation. Forms of discrimination include the exclusion 
and denial of entry, unequal or unfair treatment, 
harassment, and violence. This discrimination pre-
vents the full participation of LGBTQ people in so-
ciety and disrupts the free flow of commerce. 
(4) Women also have faced discrimination in 
many establishments such as stores and restaurants, 
and places or establishments that provide other 
goods or services, such as entertainment or transpor-
tation, including sexual harassment, differential pric-
ing for substantially similar products and services, 
and denial of services because they are pregnant or 
breastfeeding. 
(5) Many employers already and continue to 
take proactive steps, beyond those required by some 
States and localities, to ensure they are fostering 
positive and respectful cultures for all employees. 
Many places of public accommodation also recognize 
the economic imperative to offer goods and services 
to as many consumers as possible.
(6) Regular and ongoing discrimination against 
LGBTQ people, as well as women, in accessing pub-
lic accommodations contributes to negative social 
and economic outcomes, and in the case of public ac-
commodations operated by State and local govern-
ments, abridges individuals’ constitutional rights. 
(7) The discredited practice known as ‘‘conver-
sion therapy’’ is a form of discrimination that harms 
LGBTQ people by undermining individuals’ sense of 
self worth, increasing suicide ideation and substance 
abuse, exacerbating family conflict, and contributing 
to second-class status. 
(8) Both LGBTQ people and women face wide-
spread discrimination in employment and various 
services, including by entities that receive Federal fi-
nancial assistance. Such discrimination— 
(A) is particularly troubling and inappro-
priate for programs and services funded wholly 
or in part by the Federal Government; 
(B) undermines national progress toward 
equal treatment regardless of sex, sexual ori-
entation, or gender identity; and 
(C) is inconsistent with the constitutional 
principle of equal protection under the Four-
teenth Amendment to the Constitution of the 
United States. 
(9) Federal courts have widely recognized that, 
in enacting the Civil Rights Act of 1964, Congress 
validly invoked its powers under the Fourteenth 
Amendment to provide a full range of remedies in 
response to persistent, widespread, and pervasive 
discrimination by both private and government ac-
tors. 
(10) Discrimination by State and local govern-
ments on the basis of sexual orientation or gender 
identity in employment, housing, and public accom-
modations, and in programs and activities receiving 
Federal financial assistance, violates the Equal Pro-
tection Clause of the Fourteenth Amendment to the 
Constitution of the United States. In many cir-
cumstances, such discrimination also violates other 
constitutional rights such as those of liberty and pri-
vacy under the due process clause of the Fourteenth 
Amendment. 
(11) Individuals who are LGBTQ, or are per-
ceived to be LGBTQ, have been subjected to a his-
tory and pattern of persistent, widespread, and per-
vasive discrimination on the bases of sexual orienta-
tion and gender identity by both private sector and
Federal, State, and local government actors, includ-
ing in employment, housing, and public accommoda-
tions, and in programs and activities receiving Fed-
eral financial assistance. This discrimination inflicts 
a range of tangible and intangible harms, sometimes 
even including serious physical injury or death. An 
explicit and comprehensive national solution is need-
ed to address this discrimination, including the full 
range of remedies available under the Civil Rights 
Act of 1964. 
(12) Discrimination based on sexual orientation 
includes discrimination based on an individual’s ac-
tual or perceived romantic, emotional, physical, or 
sexual attraction to other persons, or lack thereof, 
on the basis of gender. LGBTQ people, including 
gender nonbinary people, also commonly experience 
discrimination because of sex-based stereotypes. 
Many people are subjected to discrimination because 
of others’ perceptions or beliefs regarding their sex-
ual orientation. Even if these perceptions are incor-
rect, the identity imputed by others forms the basis 
of discrimination. 
(13) Numerous provisions of Federal law ex-
pressly prohibit discrimination on the basis of sex, 
and Federal courts and agencies have correctly in-
terpreted these prohibitions on sex discrimination to 
include discrimination based on sexual orientation, 
gender identity, and sex stereotypes. In particular, 
the Supreme Court of the United States correctly 
held in Bostock v. Clayton County, 140 S. Ct. 1731 
(2020) that the prohibition on employment discrimi-
nation because of sex under title VII of the Civil 
Rights Act of 1964 inherently includes discrimina-
tion because of sexual orientation or transgender 
status. 
(14) This Act makes explicit that existing Fed-
eral statutes prohibiting sex discrimination in em-
ployment 
(including 
in 
access 
to 
benefits), 
healthcare, housing, education, credit, and jury serv-
ice also prohibit sexual orientation and gender iden-
tity discrimination. 
(15) LGBTQ people often face discrimination 
when seeking to rent or purchase housing, as well as 
in every other aspect of obtaining and maintaining 
housing. LGBTQ people in same-sex relationships 
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.
(16) 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 had encountered ad-
verse, differential treatment when seeking elder 
housing. According to other studies, transgender 
people have half the homeownership rate of non- 
transgender people and about 1 in 5 transgender 
people experience homelessness. Another survey 
found that 82 percent of gender nonbinary people 
experiencing homelessness lacked access to shelter. 
(17) 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 are perceived to be LGBTQ, 
have unequal opportunities to establish credit. 
LGBTQ people can experience being denied a mort-
gage, credit card, student loan, or many other types 
of credit simply because of their sexual orientation 
or gender identity.
(18) 
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, the poverty rate for older 
women in same-sex couples is twice that of older dif-
ferent-sex couples. 
(19) 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. 
(20) Numerous studies document the shortage 
of qualified and available homes for the approxi-
mately 424,000 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 of care without a permanent family 
placement. Although same-sex couples are 7 times 
more likely to foster or adopt than their different- 
sex counterparts, many child-placing agencies refuse 
to serve same-sex couples and LGBTQ individuals. 
This has resulted in a reduction of the pool of quali-
fied and available homes for youth in the child wel-
fare system who need placement on a temporary or 
permanent basis. It also sends a negative message 
about LGBTQ people to children and youth in the 
child welfare system about who is, and who is not, 
considered fit to be a parent. While the priority 
should be on providing the supports necessary to 
keep children with their families, when removal is re-
quired, barring discrimination in foster care and 
adoption will increase the number of homes available 
to foster children waiting for foster and adoptive 
families. 
(21) 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 of juvenile justice involvement 
than their non-LGBTQ peers because of the high 
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 services are at risk for being targeted 
by traffickers seeking to exploit children. Barring 
discrimination in child welfare services will ensure 
improved treatment and outcomes for LGBTQ foster 
children. 
(22) Courts consistently have found that the 
government has a compelling interest in preventing 
and remedying discrimination. For example, the Su-
preme Court of the United States found there to be 
a compelling government interest in eliminating sex 
discrimination in Board of Directors of Rotary 
International v. Rotary Club of Duarte, 481 U.S. 
537, 549 (1987). Because discrimination based on 
sexual orientation or gender identity inherently is a 
form of sex discrimination, as held in Bostock v. 
Clayton County, 140 S. Ct. 1731 (2020), this Act
furthers the compelling government interest in pro-
viding redress for the serious harms to mental and 
physical health, financial security and wellbeing, 
civic participation, freedom of movement and oppor-
tunity, personal dignity, and physical safety that re-
sult from discrimination. Consistent with the role 
nondiscrimination laws play in protecting lives and 
livelihoods, alleviating suffering, and improving indi-
vidual and public health, the Supreme Court of the 
United States has long recognized, under the deci-
sion in Heart of Atlanta Motel, Inc. v. United 
States, 379 U.S. 241 (1964), that these laws also 
benefit society as a whole by ending the ‘‘disruptive 
effect’’ discrimination has on travel and commerce, 
and by creating a level field for all participants in 
a given sector. 
(23) As with all prohibitions on invidious dis-
crimination, this Act furthers the government’s com-
pelling interest in the least restrictive way because 
only by forbidding discrimination is it possible to 
avert or redress the harms described in this sub-
section. 
(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)— 
(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 
orientation and gender identity),’’ before ‘‘or national ori-
gin’’. 
(c) RULE OF CONSTRUCTION.—Title II of such Act 
(42 U.S.C. 2000a et seq.) is amended by adding at the 
end the following: 
‘‘SEC. 208. RULE OF CONSTRUCTION. 
‘‘A reference in this title to an establishment— 
‘‘(1) shall be construed to include an individual 
whose operations affect commerce and who is a pro-
vider of a good, service, or program; and 
‘‘(2) shall not be construed to be limited to a 
physical facility or place.’’.
SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 
Section 301(a) of the Civil Rights Act of 1964 (42 
U.S.C. 2000b(a)) is amended by inserting ‘‘sex (including 
sexual orientation and gender identity),’’ before ‘‘or na-
tional origin’’. 
SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 
(a) DEFINITIONS.—Section 401(b) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting 
‘‘(including sexual orientation and gender identity),’’ be-
fore ‘‘or national origin’’. 
(b) CIVIL ACTIONS BY THE ATTORNEY GENERAL.— 
Section 407 of such Act (42 U.S.C. 2000c–6) is amended, 
in subsection (a)(2), by inserting ‘‘(including sexual ori-
entation and gender identity),’’ before ‘‘or national ori-
gin’’. 
(c) CLASSIFICATION AND ASSIGNMENT.—Section 410 
of such Act (42 U.S.C. 2000c–9) is amended by inserting 
‘‘(including sexual orientation and gender identity),’’ be-
fore ‘‘or national origin’’. 
SEC. 6. FEDERAL FUNDING. 
Section 601 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d) is amended by inserting ‘‘sex (including 
sexual orientation and gender identity),’’ before ‘‘or na-
tional origin,’’.
SEC. 7. EMPLOYMENT. 
(a) RULES
OF CONSTRUCTION.—Title VII of the 
Civil Rights Act of 1964 is amended by inserting after 
section 701 (42 U.S.C. 2000e) the following: 
‘‘SEC. 701A. RULES OF CONSTRUCTION. 
‘‘Section 1106 shall apply to this title except that for 
purposes of that application, a reference in that section 
to an ‘unlawful practice’ shall be considered to be a ref-
erence to an ‘unlawful employment practice’.’’. 
(b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 
703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 
2) is amended— 
(1) in the section header, by striking ‘‘SEX,’’ 
and inserting ‘‘SEX (INCLUDING SEXUAL ORIENTA-
TION AND GENDER IDENTITY),’’; 
(2) except in subsection (e), by striking ‘‘sex,’’ 
each place it appears and inserting ‘‘sex (including 
sexual orientation and gender identity),’’; 
(3) in subsection (e)(1), by striking ‘‘enter-
prise,’’ and inserting ‘‘enterprise, if, in a situation in 
which sex is a bona fide occupational qualification, 
individuals are recognized as qualified in accordance 
with their gender identity,’’; and 
(4) in subsection (h), by striking ‘‘sex’’ the sec-
ond place it appears and inserting ‘‘sex (including 
sexual orientation and gender identity),’’.
(c) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 
Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–3(b)) is amended— 
(1) by striking ‘‘sex,’’ the first place it appears 
and inserting ‘‘sex (including sexual orientation and 
gender identity),’’; and 
(2) by striking ‘‘employment.’’ and inserting 
‘‘employment, if, in a situation in which sex is a 
bona fide occupational qualification, individuals are 
recognized as qualified in accordance with their gen-
der identity.’’. 
(d) CLAIMS.—Section 706(g)(2)(A) of the Civil 
Rights Act of 1964 (2000e–5(g)(2)(A)) is amended by 
striking ‘‘sex,’’ and inserting ‘‘sex (including sexual ori-
entation and gender identity),’’. 
(e) 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 (including sexual orientation and gender 
identity),’’; and 
(2) in subsection (c), by striking ‘‘sex’’ and in-
serting ‘‘sex (including sexual orientation and gender 
identity),’’.
(f) GOVERNMENT
EMPLOYEE
RIGHTS
ACT
OF 
1991.—The Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16a et seq.) is amended— 
(1) in section 301(b), by striking ‘‘sex,’’ and in-
serting ‘‘sex (including sexual orientation and gender 
identity),’’; 
(2) in section 302(a)(1), by striking ‘‘sex,’’ and 
inserting ‘‘sex (including sexual orientation and gen-
der identity),’’; and 
(3) by adding at the end the following: 
‘‘SEC. 305. RULES OF CONSTRUCTION AND CLAIMS. 
‘‘Sections 1101(b), 1106, and 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 
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
‘‘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-
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:
‘‘(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;
‘‘(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’’. 
(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 
‘‘(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 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘1879. Rules of construction and claims.’’. 
Passed the House of Representatives February 25, 
2021. 
Attest: 
Clerk.
117TH 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.