IB 
Union Calendar No. 34 
116TH CONGRESS 
1ST SESSION 
H. R. 5 
[Report No. 116–56, Part I] 
To prohibit discrimination on the basis of sex, gender identity, and sexual 
orientation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 13, 2019 
Mr. CICILLINE (for himself, Mr. FITZPATRICK, Mrs. CRAIG, Ms. DAVIDS of 
Kansas, Ms. HILL of California, Mr. SEAN PATRICK MALONEY of New 
York, Mr. PAPPAS, Mr. POCAN, Mr. TAKANO, Ms. ADAMS, Mr. AGUILAR, 
Mr. ALLRED, Mrs. AXNE, Ms. BARRAGA´N, Ms. BASS, Mrs. BEATTY, Mr. 
BERA, Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. 
BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Penn-
sylvania, Mr. BRINDISI, Mr. BROWN of Maryland, Ms. BROWNLEY of 
California, Mrs. BUSTOS, Mr. BUTTERFIELD, Mr. CARBAJAL, Mr. 
CA´RDENAS, Mr. CARSON of Indiana, Mr. CARTWRIGHT, Mr. CASE, Mr. 
CASTEN of Illinois, Ms. CASTOR of Florida, Mr. CASTRO of Texas, Ms. 
JUDY CHU of California, Mr. CISNEROS, Ms. CLARK of Massachusetts, 
Ms. CLARKE of New York, Mr. CLAY, Mr. CLEAVER, Mr. CLYBURN, Mr. 
COHEN, Mr. CONNOLLY, Mr. COOPER, Mr. CORREA, Mr. COSTA, Mr. 
COURTNEY, Mr. COX of California, Mr. CRIST, Mr. CROW, Mr. CUELLAR, 
Mr. CUMMINGS, Mr. CUNNINGHAM, Mrs. DAVIS of California, Mr. DANNY 
K. DAVIS of Illinois, Ms. DEAN, Mr. DEFAZIO, Ms. DEGETTE, Ms. 
DELAURO, Ms. DELBENE, Mr. DELGADO, Mrs. DEMINGS, Mr. 
DESAULNIER, Mr. DEUTCH, Mrs. DINGELL, Mr. DOGGETT, Mr. MI-
CHAEL F. DOYLE of Pennsylvania, Mr. ENGEL, Ms. ESCOBAR, Ms. 
ESHOO, Mr. ESPAILLAT, Mr. EVANS, Ms. FINKENAUER, Mrs. FLETCHER, 
Mr. FOSTER, Ms. FRANKEL, Ms. FUDGE, Ms. GABBARD, Mr. GALLEGO, 
Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. GARCI´A of Illinois, Mr. 
GOLDEN, Mr. GOMEZ, Mr. GONZALEZ of Texas, Mr. GOTTHEIMER, Mr. 
GREEN of Texas, Mr. GRIJALVA, Ms. HAALAND, Mr. HARDER of Cali-
fornia, Mr. HASTINGS, Mrs. HAYES, Mr. HECK, Mr. HIGGINS of New 
York, Mr. HIMES, Ms. KENDRA S. HORN of Oklahoma, Mr. HORSFORD, 
Ms. HOULAHAN, Mr. HOYER, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. 
JAYAPAL, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. JOHNSON of 
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Texas, Ms. KAPTUR, Mr. KATKO, Mr. KEATING, Ms. KELLY of Illinois, 
Mr. KENNEDY, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIM, Mr. 
KIND, Mrs. KIRKPATRICK, Mr. KRISHNAMOORTHI, Ms. KUSTER of New 
Hampshire, Mr. LAMB, Mr. LANGEVIN, Mr. LARSEN of Washington, Mr. 
LARSON of Connecticut, Mrs. LAWRENCE, Mr. LAWSON of Florida, Ms. 
LEE of California, Mrs. LEE of Nevada, Mr. LEVIN of California, Mr. 
LEVIN of Michigan, Mr. LEWIS, Mr. TED LIEU of California, Mr. 
LOEBSACK, Ms. LOFGREN, Mr. LOWENTHAL, Mrs. LOWEY, Mr. LUJA´N, 
Mrs. LURIA, Mr. LYNCH, Mr. MALINOWSKI, Mrs. CAROLYN B. MALONEY 
of New York, Ms. MATSUI, Mr. MCADAMS, Mrs. MCBATH, Ms. MCCOL-
LUM, Mr. MCEACHIN, Mr. MCGOVERN, Mr. MCNERNEY, Mr. MEEKS, 
Ms. MENG, Ms. MOORE, Mr. MORELLE, Mr. MOULTON, Ms. MUCARSEL- 
POWELL, Mrs. MURPHY, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL, 
Mr. NEGUSE, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Mr. 
O’HALLERAN, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PASCRELL, 
Mr. PAYNE, Ms. PELOSI, Mr. PERLMUTTER, Mr. PETERS, Mr. PETER-
SON, Mr. PHILLIPS, Ms. PINGREE, Ms. PLASKETT, Ms. PORTER, Ms. 
PRESSLEY, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RASKIN, 
Miss RICE of New York, Mr. RICHMOND, Mr. ROSE of New York, Mr. 
ROUDA, Ms. ROYBAL-ALLARD, Mr. RUIZ, Mr. RUPPERSBERGER, Mr. 
RUSH, Mr. RYAN, Mr. SABLAN, Mr. SAN NICOLAS, Ms. SA´NCHEZ, Mr. 
SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEI-
DER, Mr. SCHRADER, Ms. SCHRIER, Mr. SCOTT of Virginia, Mr. DAVID 
SCOTT of Georgia, Mr. SERRANO, Ms. SEWELL of Alabama, Ms. 
SHALALA, Mr. SHERMAN, Ms. SHERRILL, Mr. SIRES, Ms. SLOTKIN, Mr. 
SMITH of Washington, Mr. SOTO, Ms. SPANBERGER, Ms. SPEIER, Mr. 
STANTON, Ms. STEVENS, Mr. SUOZZI, Mr. SWALWELL of California, Mr. 
THOMPSON of Mississippi, Mr. THOMPSON of California, Ms. TITUS, Ms. 
TLAIB, Mr. TONKO, Mrs. TORRES of California, Ms. TORRES SMALL of 
New Mexico, Mrs. TRAHAN, Mr. TRONE, Ms. UNDERWOOD, Mr. VAN 
DREW, Mr. VARGAS, Mr. VEASEY, Mr. VELA, Ms. VELA´ZQUEZ, Mr. VIS-
CLOSKY, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mrs. WATSON COLE-
MAN, Mr. WELCH, Ms. WEXTON, Ms. WILD, Ms. WILSON of Florida, and 
Mr. YARMUTH) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Edu-
cation and Labor, Financial Services, Oversight and Reform, and House 
Administration, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
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MAY 10, 2019 
Additional sponsor: Miss GONZA´LEZ-COLO´N of Puerto Rico 
MAY 10, 2019 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY 10, 2019 
Committees on Education and Labor, Financial Services, Oversight and Re-
form, and House Administration discharged; committed to the Committee 
of the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on March 13, 2019] 
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A BILL 
To prohibit discrimination on the basis of sex, gender 
identity, and sexual orientation, and for other purposes. 
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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 ‘‘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, or 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 discrimina-
tion. 
(2) A single instance of discrimination may have 
more than one basis. For example, discrimination 
against a married same-sex couple could be based on 
the sex stereotype that marriage should only be be-
tween heterosexual couples, the sexual orientation of 
the two individuals in the couple, or both. 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 ex-
perience discrimination in securing access to public 
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accommodations—including restaurants, senior cen-
ters, stores, places of or establishments that provide 
entertainment, health care facilities, shelters, govern-
ment offices, youth service providers including adop-
tion and foster care providers, and transportation. 
Forms of discrimination include the exclusion and de-
nial of entry, unequal or unfair treatment, harass-
ment, and violence. This discrimination prevents the 
full participation of LGBTQ people in society 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 transportation, 
including sexual harassment, differential pricing for 
substantially similar products and services, and de-
nial 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 posi-
tive and respectful cultures for all employees. Many 
places of public accommodation also recognize the eco-
nomic imperative to offer goods and services to as 
many consumers as possible. 
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(6) Regular and ongoing discrimination against 
LGBTQ people, as well as women, in accessing public 
accommodations contributes to negative social and 
economic outcomes, and in the case of public accom-
modations operated by State and local governments, 
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 orienta-
tion, or gender identity; and 
(C) is inconsistent with the constitutional 
principle of equal protection under the Four-
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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 re-
sponse to persistent, widespread, and pervasive dis-
crimination by both private and government actors. 
(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 history 
and pattern of persistent, widespread, and pervasive 
discrimination on the bases of sexual orientation and 
gender identity by both private sector and Federal, 
State, and local government actors, including in em-
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ployment, housing, and public accommodations, and 
in programs and activities receiving Federal finan-
cial assistance. An explicit and comprehensive na-
tional solution is needed to address such discrimina-
tion, which has sometimes resulted in violence or 
death, including the full range of remedies available 
under the Civil Rights Act of 1964. 
(12) Numerous provisions of Federal law ex-
pressly prohibit discrimination on the basis of sex, 
and Federal agencies and courts have correctly inter-
preted these prohibitions on sex discrimination to in-
clude discrimination based on sexual orientation, gen-
der identity, and sex stereotypes. In particular, the 
Equal Employment Opportunity Commission cor-
rectly interpreted title VII of the Civil Rights Act of 
1964 in Macy v. Holder, Baldwin v. Foxx, and 
Lusardi v. McHugh. 
(13) The absence of explicit prohibitions of dis-
crimination on the basis of sexual orientation and 
gender identity under Federal statutory law has cre-
ated uncertainty for employers and other entities cov-
ered by Federal nondiscrimination laws and caused 
unnecessary hardships for LGBTQ individuals. 
(14) LGBTQ people often face discrimination 
when seeking to rent or purchase housing, as well as 
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in every other aspect of obtaining and maintaining 
housing. LGBTQ people in same-sex relationships are 
often discriminated against when two names associ-
ated with one gender appear on a housing applica-
tion, and transgender people often encounter discrimi-
nation when credit checks or inquiries reveal a former 
name. 
(15) 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 receive 
positive 
responses 
from 
landlords. 
A 
national 
matched-pair testing investigation found that nearly 
one-half of same-sex couples face adverse, differential 
treatment when seeking elder housing. According to 
other studies, transgender people have half the home-
ownership rate of non-transgender people and about 
1 in 5 transgender people experience homelessness. 
(16) 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 perceived to be LGBTQ, have un-
equal opportunities to establish credit. LGBTQ people 
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can experience being denied a mortgage, credit card, 
student loan, or many other types of credit simply be-
cause of their sexual orientation or gender identity. 
(17) 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 ex-
ample, older women in same-sex couples have twice 
the poverty rate of older different-sex couples. 
(18) The right to an impartial jury of one’s 
peers and the reciprocal right to jury service are fun-
damental 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 individuals, or those 
perceived to be LGBTQ, in jury selection. Failure to 
bar peremptory challenges based on the actual or per-
ceived sexual orientation or gender identity of an in-
dividual not only erodes a fundamental right, duty, 
and obligation of being a citizen of the United States, 
but also unfairly creates a second class of citizenship 
for LGBTQ victims, witnesses, plaintiffs, and defend-
ants. 
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(19) Numerous studies document the shortage of 
qualified and available homes for the 437,000 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 without a permanent 
family. Although same-sex couples are 7 times more 
likely to foster or adopt than their different-sex coun-
terparts, many child placing agencies refuse to serve 
same-sex couples and LGBTQ individuals. This has 
resulted in a reduction of the pool of qualified and 
available homes for youth in the child welfare system 
who need placement on a temporary or permanent 
basis. Barring discrimination in foster care and 
adoption will increase the number of homes available 
to foster children waiting for foster and adoptive fam-
ilies. 
(20) LGBTQ youth are overrepresented in the 
foster care system by at least a factor of two and re-
port 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 emo-
tional reasons and juvenile justice involvement than 
their non-LGBTQ peers because of the high level of 
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bias and discrimination that they face and the dif-
ficulty of finding affirming foster placements. Fur-
ther, due to their physical distance from friends and 
family, traumatic experiences, and potentially unsta-
ble living situations, all youth involved with child 
welfare 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. 
(b) PURPOSE.—It is the purpose of this Act to expand 
as well as clarify, confirm and create greater consistency 
in the protections and remedies against discrimination on 
the basis of all covered characteristics and to provide guid-
ance and notice to individuals, organizations, corporations, 
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-
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dium or other place of or establishment that pro-
vides exhibition, entertainment, recreation, exer-
cise, amusement, public gathering, or public dis-
play;’’; 
(B) by redesignating paragraph (4) as 
paragraph (6); and 
(C) by inserting after paragraph (3) the fol-
lowing: 
‘‘(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, shelter, 
travel agency, or funeral parlor, or establishment 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 transportation 
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’’. 
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(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),’’ before 
‘‘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 origin’’. 
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