Title: Freedom from Discrimination in Credit Act of 2017
Policy area: Finance and Financial Sector

Summary:
Freedom from Discrimination in Credit Act of 2017
This bill amends the Equal Credit Opportunity Act (ECOA) to expand the categories of prohibited discrimination when extending credit to include discrimination on account of sexual orientation or gender identity. (Currently, such discrimination in credit is prohibited only on the basis of race, color, religion, national origin, sex or marital status, or age.)
The bill defines: (1) "gender identity" as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual with or without regard to the individual's designated sex at birth; and (2) "sexual orientation" as homosexuality, heterosexuality, or bisexuality.
The bill specifies that for purposes of the ECOA's protections against sex discrimination, the term "sex" includes: (1) a sex stereotype; (2) pregnancy, childbirth, or a related medical condition; and (3) sexual orientation or gender identity.
The bill also extends ECOA's protections against discrimination to include: (1) an association with another person who is a member of a class protected against discrimination; and (2) a perception or belief, even if inaccurate, that the individual is a member of such a protected class.
Under a current provision of the ECOA, a request for the signature of both parties to a marriage for the purpose of creating a valid lien, passing clear title, waiving inchoate rights to property, or assigning earnings does not constitute discrimination. The bill prohibits this provision from being construed to permit a creditor to take sexual orientation or gender identity into account in connection with the evaluation of creditworthiness of an applicant.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1143 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1143

To amend the Equal Credit Opportunity Act to prohibit discrimination on 
account of sexual orientation or gender identity when extending credit.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2017

 Mrs. Murray (for herself, Mr. Blumenthal, Mr. Booker, Ms. Duckworth, 
 Mr. Franken, Mrs. Gillibrand, Ms. Hassan, Ms. Hirono, Mr. Markey, Mr. 
    Menendez, Mr. Merkley, Mrs. Shaheen, Ms. Warren, and Mr. Wyden) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Equal Credit Opportunity Act to prohibit discrimination on 
account of sexual orientation or gender identity when extending credit.

    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 ``Freedom from Discrimination in 
Credit Act of 2017''.

SEC. 2. PROHIBITION AGAINST DISCRIMINATION ON ACCOUNT OF SEXUAL 
              ORIENTATION OR GENDER IDENTITY.

    Subsection (a)(1) of section 701 of the Equal Credit Opportunity 
Act (15 U.S.C. 1691) is amended by inserting ``, sexual orientation, 
gender identity,'' after ``sex''.

SEC. 3. DEFINITIONS.

    Section 702 of the Equal Credit Opportunity Act (15 U.S.C. 1691a) 
is amended--
            (1) by striking subsections (f) and (g); and
            (2) by inserting after subsection (e) the following new 
        subsections:
    ``(f) The term `gender identity' means the gender-related identity, 
appearance, or mannerisms or other gender-related characteristics of an 
individual, with or without regard to the individual's designated sex 
at birth.
    ``(g) The term `person' means a natural person, a corporation, 
government or governmental subdivision or agency, trust, estate, 
partnership, cooperative, or association.
    ``(h) The terms `race', `color', `religion', `national origin', 
`sex', `sexual orientation', `gender identity', `marital status', or 
`age', used with respect to an individual, includes--
            ``(1) the race, color, religion, national origin, sex, 
        sexual orientation, 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, 
        sexual orientation, gender identity, marital status, or age, 
        respectively, of the individual.
    ``(i) The term `sex' includes--
            ``(1) a sex stereotype;
            ``(2) pregnancy, childbirth, or a related medical 
        condition; and
            ``(3) sexual orientation or gender identity.
    ``(j) The term `sexual orientation' means homosexuality, 
heterosexuality, or bisexuality.
    ``(k) Any reference to any requirement imposed under this title or 
any provision of this title shall be deemed to include a reference to 
the regulations of the Bureau under this title or the provision of this 
title in question.''.

SEC. 4. RELATION TO STATE LAWS.

    Section 705(a) of the Equal Credit Opportunity Act (15 U.S.C. 
1691d(a)) is amended by inserting ``, sexual orientation, gender 
identity,'' after ``sex''.
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