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 preg-
nancy, childbirth, or a related medical condition of 
an individual, as well as because of sex-based stereo-
types. Each of these factors alone can serve as the 
basis for discrimination, and each is a form of sex 
discrimination. 
(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. Discrimination 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. An explicit and comprehen-
sive national solution is needed to address such dis-
crimination, which has sometimes resulted in vio-
lence 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 in-
terpreted these prohibitions on sex discrimination to 
include discrimination based on sexual orientation, 
gender identity, and sex stereotypes. In particular, 
the Equal Employment Opportunity Commission 
correctly 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 
covered by Federal nondiscrimination laws and 
caused unnecessary hardships for LGBTQ individ-
uals. 
(14) 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. 
(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 re-
ceive positive responses from landlords. A national 
matched-pair testing investigation found that nearly 
one-half of same-sex couples face adverse, differen-
tial treatment when seeking elder housing. Accord-
ing to other studies, transgender people have half 
the homeownership 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 
unequal opportunities to establish credit. LGBTQ 
people can experience being denied a mortgage, cred-
it card, student loan, or many other types of credit 
simply because 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 example, older women in same-sex 
couples have twice the poverty rate of older dif-
ferent-sex couples. 
(18) 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.
(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 dif-
ferent-sex counterparts, many child placing agencies 
refuse to serve same-sex couples and LGBTQ indi-
viduals. 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 tem-
porary or permanent basis. Barring discrimination 
in foster care and adoption will increase the number 
of homes available to foster children waiting for fos-
ter and adoptive families. 
(20) 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 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 are at risk for being targeted by traf-
fickers seeking to exploit children. Barring discrimi-
nation in child welfare services will ensure improved 
treatment and outcomes for LGBTQ foster children. 
(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),’’; and 
(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,’’. 
(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 
(2) by adding at the end of title II (42 U.S.C. 
1311 et seq.) the following: 
‘‘SEC. 208. RULES OF CONSTRUCTION AND CLAIMS. 
‘‘Sections 1101(b), 1106, and 1107 of the Civil 
Rights Act of 1964 shall apply to section 201 (and reme-
dial provisions of this Act related to section 201) 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, or disability’.’’. 
(h) CIVIL SERVICE REFORM ACT OF 1978.—Chapter 
23 of title 5, United States Code, is amended—
(1) in section 2301(b)(2), by striking ‘‘sex,’’ 
and inserting ‘‘sex (including sexual orientation and 
gender identity),’’; 
(2) in section 2302— 
(A) in subsection (b)(1)(A), by inserting 
‘‘(including sexual orientation and gender iden-
tity),’’ before ‘‘or national origin,’’; and 
(B) in subsection (d)(1), by inserting ‘‘(in-
cluding sexual orientation and gender iden-
tity),’’ before ‘‘or national origin;’’; and 
(3) by adding at the end the following: 
‘‘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: 
‘‘SEC. 1101. DEFINITIONS AND RULES. 
‘‘(a) DEFINITIONS.—In titles II, III, IV, VI, VII, and 
IX (referred to individually in sections 1106 and 1107 as 
a ‘covered title’): 
‘‘(1) RACE; COLOR; RELIGION; SEX; SEXUAL 
ORIENTATION; GENDER
IDENTITY; NATIONAL
ORI-
GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’ (in-
cluding ‘sexual orientation’ and ‘gender identity’), or 
‘national origin’, used with respect to an individual, 
includes— 
‘‘(A) the race, color, religion, sex (includ-
ing sexual orientation and gender identity), or 
national origin, respectively, of another person