(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),’’ before 
‘‘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 ori-
entation and gender identity),’’ before ‘‘or national ori-
gin,’’. 
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 reference 
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 ORIENTATION AND 
GENDER IDENTITY),’’; 
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(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 ‘‘enterprise,’’ 
and inserting ‘‘enterprise, if, in a situation in which 
sex is a bona fide occupational qualification, individ-
uals 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 orientation and 
gender identity),’’. 
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(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 orientation and gender 
identity), or national origin’ shall be considered to be a ref-
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erence to ‘race, color, religion, sex, sexual orientation, gen-
der 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 gender 
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 remedial provi-
sions of this Act related to section 201) except that for pur-
poses 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 sex-
ual orientation and gender identity), national 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 gen-
der identity),’’; 
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(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 identity),’’ 
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 remedial provi-
sions 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 orienta-
tion and gender identity), or national origin’ shall be con-
sidered to be a reference to ‘race, color, religion, sex (includ-
ing sexual orientation and gender identity), national ori-
gin, age, a handicapping condition, marital status, or po-
litical affiliation’.’’. 
SEC. 8. INTERVENTION. 
Section 902 of the Civil Rights Act of 1964 (42 U.S.C. 
2000h–2) is amended by inserting ‘‘(including sexual ori-
entation and gender identity),’’ before ‘‘or national ori-
gin,’’. 
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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, respec-
tively; 
(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 ORI-
ENTATION; GENDER
IDENTITY; NATIONAL
ORIGIN.— 
The term ‘race’, ‘color’, ‘religion’, ‘sex’ (including ‘sex-
ual orientation’ and ‘gender identity’), or ‘national 
origin’, used with respect to an individual, includes— 
‘‘(A) the race, color, religion, sex (including 
sexual orientation and gender identity), or na-
tional 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 
(including sexual orientation and gender iden-
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tity), or national origin, respectively, of the indi-
vidual. 
‘‘(2) GENDER IDENTITY.—The term ‘gender iden-
tity’ means the gender-related identity, appearance, 
mannerisms, or other gender-related characteristics of 
an individual, regardless of the individual’s des-
ignated 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 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 
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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 gen-
der identity.’’; and 
(3) by inserting after section 1105 the following: 
‘‘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 re-
lated 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 provi-
sion of Federal law other than that covered title, pro-
hibiting a practice on the basis of sex. 
‘‘(b) CLAIMS
AND REMEDIES NOT PRECLUDED.— 
Nothing in section 1101 or a covered 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 sec-
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tion 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 condition, 
sexual orientation, gender identity, or a sex stereotype. 
‘‘SEC. 1107. CLAIMS. 
‘‘The Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.) shall not provide a claim concerning, 
or a defense to a claim under, a covered title, or provide 
a basis for challenging the application or enforcement 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 
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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 sex-
ual orientation and gender identity), handicap, fa-
milial 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 ‘‘(including 
sexual orientation and gender identity),’’ after ‘‘sex,’’; 
and 
(6) by adding at the end the following: 
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‘‘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 considered 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 purposes 
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 HOUSING 
CASES.—Section 901 of the Civil Rights Act of 1968 (42 
U.S.C. 3631) is amended by inserting ‘‘(including sexual 
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— 
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(1) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; 
(2) by inserting after subsection (e) the following: 
‘‘(f) The terms ‘gender identity’, ‘sex’, and ‘sexual ori-
entation’ have the meanings given those terms in section 
1101(a) of the Civil Rights Act of 1964. 
‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori-
gin’, ‘sex’ (including ‘sexual orientation’ and ‘gender iden-
tity’), ‘marital status’, or ‘age’, used with respect to an in-
dividual, includes— 
‘‘(1) the race, color, religion, national origin, sex 
(including sexual orientation and gender identity), 
marital status, or age, respectively, of another 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, national origin, 
sex (including sexual orientation and gender iden-
tity), marital status, or age, respectively, of the indi-
vidual.’’; and 
(3) by adding at the end the following: 
‘‘(j) Sections 1101(b) and 1106 of the Civil Rights Act 
of 1964 shall apply to this title, except that for purposes 
of that application— 
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‘‘(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 trans-
action.’’. 
(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 applica-
tion, 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 sex-
ual orientation and gender identity),’’ after ‘‘sex,’’; 
(2) in section 1867(e), in the second sentence, by 
inserting ‘‘(including sexual orientation and gender 
identity),’’ after ‘‘sex,’’; 
(3) in section 1869— 
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(A) in subsection (j), by striking ‘‘and’’ at 
the end; 
(B) in subsection (k), by striking the period 
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 status, 
or national origin, respectively, of another 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 sex-
ual orientation and gender identity), economic status, 
or national origin, respectively, of the individual.’’; 
and 
(4) by adding at the end the following: 
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‘‘§ 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 pur-
poses of that application, a reference in those sections to 
a ‘covered title’ shall be considered a reference to ‘this chap-
ter’.’’. 
(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 following: 
‘‘1879. Rules of construction and claims.’’. 
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Union Calendar No. 34 
116TH CONGRESS 
1ST SESSION 
H. R. 5 
[Report No. 116–56, Part I] 
A BILL 
To prohibit discrimination on the basis of sex, gen-
der identity, and sexual orientation, and for other 
purposes. 
MAY 10, 2019 
Reported from the Committee on the Judiciary with an 
amendment 
MAY 10, 2019 
Committees on Education and Labor, Financial Services, 
Oversight and Reform, and House Administration dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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