HR 5 PCS
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-
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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-
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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 
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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 
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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 
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