Customer Non-Discrimination Act
Bill: H.R.5744 | Sponsor: Rep. Watson Coleman, Bonnie (D-NJ)
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Customer Non-Discrimination Act
This bill prohibits discrimination based on sex, sexual orientation, and gender identity with respect to public accommodations and facilities. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation.
The bill expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services.
Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin shall include protections against discrimination based on (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections.
The bill prohibits an individual from being 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. The bill also prohibits the provision of less favorable treatment with respect to pregnancy, childbirth or related medical conditions as compared to other physical conditions.

To prohibit discrimination in public accommodations on the basis of 
 sex, gender identity, and sexual orientation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Customer Non-Discrimination Act''.

SEC. 2. PUBLIC ACCOMMODATIONS.

    (a) Prohibition on Discrimination or Segregation 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 (including sexual 
        orientation and gender identity),'' before ``or national 
        origin''; and
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``stadium'' and 
                all that follows and inserting ``stadium 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 center, 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 Segregation 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 origin''.
    (c) Definitions and Rules of Construction.--Title II of such Act 
(42 U.S.C. 2000a et seq.) is amended by adding at the end the 
following:

``SEC. 208. DEFINITIONS AND RULES.

    ``(a) Definitions.--
            ``(1) Race; color; religion; sex; sexual orientation; 
        gender identity; national origin.--The term `race', `color', 
        `religion', `sex (including sexual 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 national 
                origin, respectively, of another person with whom the 
                individual is associated or has been associated; and
                    ``(B) a perception or belief, even if inaccurate, 
                concerning the race, color, religion, sex (including 
                sexual orientation and gender identity), or national 
                origin, respectively, of the individual.
            ``(2) Gender identity.--The term `gender identity' means 
        the gender-related identity, appearance, mannerisms, or other 
        gender-related characteristics of an individual, regardless of 
        the individual's designated sex at birth.
            ``(3) Including.--The term `including' means including, but 
        not limited to, consistent with the term's standard meaning in 
        Federal law.
            ``(4) Sex.--The term `sex' includes--
                    ``(A) a sex stereotype;
                    ``(B) pregnancy, childbirth, or a related medical 
                condition;
                    ``(C) sexual orientation or gender identity; and
                    ``(D) sex characteristics, including intersex 
                traits.
            ``(5) Sexual orientation.--The term `sexual orientation' 
        means homosexuality, heterosexuality, or bisexuality.
    ``(b) Rules.--In this title--
            ``(1) (with respect to sex) pregnancy, childbirth, or a 
        related medical condition shall not receive less favorable 
        treatment than other physical conditions; and
            ``(2) (with respect to gender identity) an individual shall 
        not be denied access to a shared facility, including a 
        restroom, a locker room, and a dressing room, that is in 
        accordance with the individual's gender identity.

``SEC. 209. RULES OF CONSTRUCTION.

    ``(a) Claims and Remedies Not Precluded.--Nothing in this title 
shall be construed to limit the claims or remedies available to any 
individual for an unlawful practice on the basis of race, color, 
religion, sex (including sexual orientation and gender identity), or 
national origin including claims brought pursuant to section 1979 or 
1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, 
including the Federal law amended by the Customer Non-Discrimination 
Act, regulation, or policy.
    ``(b) No Negative Inference.--Nothing in this title shall be 
construed to support any inference that any Federal law prohibiting a 
practice on the basis of sex does not prohibit discrimination on the 
basis of pregnancy, childbirth, or a related medical condition, sexual 
orientation, gender identity, or a sex stereotype.
    ``(c) Scope of an Establishment.--A reference in this title to an 
establishment--
            ``(1) shall be construed to include an individual whose 
        operations affect commerce and who is a provider of a good, 
        service, or program; and
            ``(2) shall not be construed to be limited to a physical 
        facility or place.

``SEC. 210. CLAIMS.

    ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb 
et seq.) shall not provide a claim concerning, or a defense to a claim 
under this title or provide a basis for challenging the application or 
enforcement of this title.''.
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