I 
116TH CONGRESS 
1ST SESSION 
H. R. 5 
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 
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. 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
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 
A BILL 
To prohibit discrimination 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, 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
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, and transgender (re-
ferred to as ‘‘LGBT’’) people commonly experience 
discrimination in securing access to public accom-
modations—including restaurants, senior centers, 
stores, places of or establishments that provide en-
tertainment, health care facilities, shelters, govern-
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
ment offices, youth service providers including adop-
tion and foster care providers, and transportation. 
Forms of discrimination include the exclusion and 
denial of entry, unequal or unfair treatment, harass-
ment, and violence. This discrimination prevents the 
full participation of LGBT people in society and dis-
rupts 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 
LGBT people, as well as women, in accessing public 
accommodations contributes to negative social and 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
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 
LGBT 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 LGBT 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 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
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 LGBT, or are per-
ceived to be LGBT, 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-
ployment, housing, and public accommodations, and 
in programs and activities receiving Federal finan-
cial assistance. An explicit and comprehensive na-
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
tional solution is needed to address such discrimina-
tion, 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, as well 
as the existence of legislative proposals that would 
have provided such explicit prohibitions, has led 
some courts to conclude incorrectly that current 
Federal laws prohibiting sex discrimination do not 
prohibit discrimination on the basis of sexual ori-
entation and gender identity. It has also created un-
certainty for employers and other entities covered by 
Federal nondiscrimination laws and caused unneces-
sary hardships for LGBT individuals. 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
(14) LGBT people often face discrimination 
when seeking to rent or purchase housing, as well as 
in every other aspect of obtaining and maintaining 
housing. LGBT 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 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 LGBT 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 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
orientation and gender identity, credit applicants 
who are LGBT, or perceived to be LGBT, have un-
equal opportunities to establish credit. LGBT people 
can experience being denied a mortgage, credit card, 
student loan, or many other types of credit simply 
because of their sexual orientation or gender iden-
tity. 
(17) Numerous studies demonstrate that LGBT 
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 different-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 LGBT individuals, 
or those perceived to be LGBT, in jury selection. 
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 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
of the United States, but also unfairly creates a sec-
ond class of citizenship for LGBT victims, witnesses, 
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 LGBT individ-
uals. 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 families. 
(20) LGBT 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-LGBT counterparts. LGBT 
youth in foster care have a higher average number 
of placements, higher likelihood of living in a group 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
home, and higher rates of hospitalization for emo-
tional reasons and juvenile justice involvement than 
their non-LGBT peers because of the high level of 
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 LGBT 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— 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
(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 
place of or establishment that provides transpor-
tation service; and’’. 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
(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’’. 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
(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’.’’. 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
(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: 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘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, 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
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-
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
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 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
‘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 
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-
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; 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 
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.’’; and 
(3) by inserting after section 1105 the fol-
lowing: 
‘‘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— 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(1) to limit the protection against an unlawful 
practice on the basis of pregnancy, childbirth, or a 
related 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 pro-
vision of Federal law other than that covered title, 
prohibiting a practice on the basis of sex. 
‘‘(b) CLAIMS AND REMEDIES NOT PRECLUDED.— 
Nothing in section 1101 or a covered title shall be con-
strued to limit the claims or remedies available to any indi-
vidual for an unlawful practice on the basis of race, color, 
religion, sex (including sexual orientation and gender iden-
tity), 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 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 condi-
tion, sexual orientation, gender identity, or a sex stereo-
type. 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘SEC. 1107. 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, a covered title, 
or provide a basis for challenging the application or en-
forcement 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 
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 
sexual orientation and gender identity), handicap, 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
familial 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 ‘‘(includ-
ing sexual orientation and gender identity),’’ after 
‘‘sex,’’; and 
(6) by adding at the end the following: 
‘‘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 consid-
ered 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 pur-
poses of that application, a reference in that section 1107 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
to a ‘covered title’ shall be considered a reference to ‘this 
title and section 901’.’’. 
(b) PREVENTION OF INTIMIDATION IN FAIR HOUS-
ING CASES.—Section 901 of the Civil Rights Act of 1968 
(42 U.S.C. 3631) is amended by inserting ‘‘(including sex-
ual 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— 
(1) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) The terms ‘gender identity’, ‘sex’, and ‘sexual 
orientation’ have the meanings given those terms in sec-
tion 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-
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
tity’), ‘marital status’, or ‘age’, used with respect to an 
individual, includes— 
‘‘(1) the race, color, religion, national origin, 
sex (including sexual orientation and gender iden-
tity), 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 pur-
poses of that application— 
‘‘(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 
transaction.’’. 
(c) RELATION TO STATE LAWS.—Section 705(a) of 
the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
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 
application, 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 
sexual orientation and gender identity),’’ after 
‘‘sex,’’; 
(2) in section 1867(e), in the second sentence, 
by inserting ‘‘(including sexual orientation and gen-
der identity),’’ after ‘‘sex,’’; 
(3) in section 1869— 
(A) in subsection (j), by striking ‘‘and’’ at 
the end; 
(B) in subsection (k), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 sta-
tus, or national origin, respectively, of another per-
son 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 
sexual orientation and gender identity), economic 
status, or national origin, respectively, of the indi-
vidual.’’; and 
(4) by adding at the end the following: 
‘‘§ 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 purposes of that application, a reference in those sec-
tions to a ‘covered title’ shall be considered a reference 
to ‘this chapter’.’’. 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS
(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 fol-
lowing: 
‘‘1879. Rules of construction and claims.’’. 
Æ 
VerDate Sep 11 2014 
21:38 Mar 13, 2019
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6301
E:\BILLS\H5.IH
H5
pamtmann on DSKBFK8HB2PROD with BILLS