I 
118TH CONGRESS 
1ST SESSION H. R. 4393 
To prohibit discrimination in public accommodations on the basis of sex, 
gender identity, and sexual orientation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2023 
Mrs. WATSON COLEMAN (for herself, Mr. CARSON, Mr. POCAN, Ms. NORTON, 
Mrs. BEATTY, Ms. TOKUDA, Ms. LEE of California, Ms. WILLIAMS of 
Georgia, Mr. GRIJALVA, Mr. ESPAILLAT, Mr. JOHNSON of Georgia, and 
Mr. CARTER of Louisiana) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To prohibit discrimination in public accommodations on the 
basis of sex, gender identity, and sexual orientation, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Customer Non-Dis-
crimination Act’’. 
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SEC. 2. 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, gathering, or 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 
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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) DEFINITIONS AND RULES 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. DEFINITIONS AND RULES. 
‘‘(a) DEFINITIONS.— 
‘‘(1) RACE; COLOR; RELIGION; SEX; SEXUAL 
ORIENTATION; GENDER
IDENTITY; NATIONAL
ORI-
GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex (includ-
ing sexual orientation and gender identity)’, or ‘na-
tional origin’, used with respect to an individual, in-
cludes— 
‘‘(A) the race, color, religion, sex (includ-
ing sexual orientation and gender identity), or 
national origin, respectively, of another person 
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 
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(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. 
‘‘(5) SEXUAL ORIENTATION.—The term ‘sexual 
orientation’ means homosexuality, heterosexuality, or 
bisexuality. 
‘‘(b) RULES.—In this title— 
‘‘(1) (with respect to sex) pregnancy, childbirth, 
or a related medical condition shall not receive less 
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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. 
‘‘SEC. 209. RULES OF CONSTRUCTION. 
‘‘(a) CLAIMS AND REMEDIES NOT PRECLUDED.— 
Nothing in this title shall be construed to limit the claims 
or remedies available to any individual for an unlawful 
practice on the basis of race, color, religion, sex (including 
sexual orientation and gender identity), 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 the Federal law amended by the 
Customer Non-Discrimination Act, regulation, or policy. 
‘‘(b) NO NEGATIVE INFERENCE.—Nothing in this 
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 condition, sexual orienta-
tion, gender identity, or a sex stereotype. 
‘‘(c) SCOPE OF AN ESTABLISHMENT.—A reference in 
this title to an establishment— 
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‘‘(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. 210. 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 this title or provide 
a basis for challenging the application or enforcement of 
this title.’’. 
Æ 
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