Title: Equality Act
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Equality Act
This bill amends the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation in places of public accommodation.
The bill defines:
The bill expands the categories of public accommodations to include places or establishments that provide:
The bill prohibits "establishment" from being construed to be limited to a physical facility or place.
The Department of Justice (DOJ) may bring a civil action if it receives a complaint from an individual who claims to be:
The bill revises public school desegregation standards to provide for the assignment of students without regard to sexual orientation or gender identity.
The bill prohibits programs or activities receiving federal financial assistance from denying benefits to, or discriminating against, persons based on sex, sexual orientation, or gender identity.
The bill prohibits employers with 15 or more employees from discriminating based on sexual orientation or gender identity, subject to the same exceptions and conditions that currently apply to unlawful employment practices based on race, color, religion, sex, or national origin. Employers must recognize individuals in accordance with their gender identity if sex is a bona fide occupational qualification that is reasonably necessary to the normal operation of that particular business or enterprise.
The bill provides government employees with protections against discrimination based on sexual orientation or gender identity.
DOJ may intervene in equal protection actions in federal court on account of sexual orientation or gender identity.
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 amends Fair Housing Act, the Equal Credit Opportunity Act, and jury selection standards to add sexual orientation and gender identity as classes protected against discrimination under such laws.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1006 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1006

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2017

  Mr. Merkley (for himself, Ms. Baldwin, Mr. Booker, Mr. Bennet, Mr. 
Blumenthal, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, 
Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, 
Mr. Franken, Mrs. Gillibrand, Ms. Harris, Ms. Hassan, Mr. Heinrich, Ms. 
 Heitkamp, Ms. Hirono, Mr. Kaine, Mr. King, Ms. Klobuchar, Mr. Leahy, 
Mr. Markey, Mrs. McCaskill, Mr. Menendez, Mr. Murphy, Mrs. Murray, Mr. 
  Nelson, Mr. Peters, Mr. Reed, Mr. Sanders, Mr. Schatz, Mr. Schumer, 
Mrs. Shaheen, Ms. Stabenow, Mr. Tester, Mr. Udall, Mr. Van Hollen, Mr. 
   Warner, Ms. Warren, Mr. Whitehouse, and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

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 pregnancy, childbirth, 
        or a related medical condition of an individual, as well as 
        because of sex-based stereotypes. 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, discrimination against a married same-
        sex couple could be based on the sex stereotype that marriage 
        should only be between heterosexual couples, the sexual 
        orientation 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 (referred to as 
        ``LGBT'') people commonly experience discrimination in securing 
        access to public accommodations--including restaurants, stores, 
        places of or establishments that provide entertainment, and 
        transportation. Forms of discrimination include the exclusion 
        and denial of entry, unequal or unfair treatment, harassment, 
        and violence. This discrimination prevents the full 
        participation of LGBT people in society and disrupts the free 
        flow of commerce.
            (4) Women also face discrimination, in establishments such 
        as stores and restaurants, and places or establishments that 
        provide other goods or services, such as entertainment or 
        transportation, including sexual harassment, differential 
        pricing, and denial of services because they are pregnant or 
        breastfeeding.
            (5) Regular and ongoing discrimination against LGBT people, 
        as well as women, in accessing public accommodations 
        contributes to negative social and economic outcomes.
            (6) The discredited practice known as ``conversion 
        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.
            (7) Both LGBT people and women face widespread 
        discrimination in employment and various services, including by 
        entities that receive Federal financial assistance. Such 
        discrimination--
                    (A) is particularly troubling and inappropriate for 
                programs and services funded wholly or in part by the 
                Federal Government;
                    (B) undermines national progress toward equal 
                treatment regardless of sex, sexual orientation, or 
                gender identity; and
                    (C) is inconsistent with the constitutional 
                principle of equal protection under the Fourteenth 
                Amendment of the Constitution of the United States.
            (8) Workers who are LGBT, or are perceived 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 private sector employers and 
        Federal, State, and local government employers.
            (9) Numerous provisions of Federal law expressly prohibit 
        discrimination on the basis of sex, and Federal agencies and 
        courts have correctly interpreted 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.
            (10) The absence of explicit prohibitions of discrimination 
        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 orientation and gender 
        identity. It has also created uncertainty for employers and 
        other entities covered by Federal nondiscrimination laws and 
        caused unnecessary hardships for LGBT individuals.
            (11) 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 
        associated with one gender appear on a housing application, and 
        transgender people often encounter discrimination when credit 
        checks or inquiries reveal a former name.
            (12) National surveys, including a study commissioned by 
        the Department of Housing and Urban Development, show that 
        housing discrimination against LGBT people is very prevalent. 
        For instance, when same-sex couples inquire about housing that 
        is available for rent, they are less likely to receive positive 
        responses from landlords. According to other studies, 
        transgender people have half the homeownership rate of non-
        transgender people and about 1 in 5 transgender people 
        experience homelessness.
            (13) As a result of the absence of explicit prohibitions 
        against discrimination on the basis of sexual orientation and 
        gender identity, credit applicants who are LGBT, or perceived 
        to be LGBT, have unequal 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 identity.
            (14) 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.
            (15) 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 
        fundamental right, duty, and obligation of being a citizen of 
        the United States, but also unfairly creates a second class of 
        citizenship for LGBT victims, witnesses, plaintiffs, and 
        defendants.
    (b) Purpose.--It is the purpose of this Act to expand as well as 
clarify, confirm and create greater consistency in the protections 
against discrimination on the basis of all covered characteristics and 
to provide guidance and notice to individuals, organizations, 
corporations, and agencies regarding their obligations under the law.

SEC. 3. 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, sexual 
        orientation, 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, sexual orientation, gender identity,'' before ``or national 
origin''.
    (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 provider 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, sexual orientation, gender identity,'' 
before ``or national 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 ``, sexual orientation, 
gender identity,'' before ``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 ``, 
sexual orientation, gender identity,'' before ``or national origin''.
    (c) Classification and Assignment.--Section 410 of such Act (42 
U.S.C. 2000c-9) is amended by inserting ``, sexual orientation, 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, sexual orientation, gender identity,'' 
before ``or national 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 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, sexual orientation, gender identity,'';
            (2) except in subsection (e), by striking ``sex,'' each 
        place it appears and inserting ``sex, sexual orientation, 
        gender identity,'';
            (3) in subsection (e)(1), by striking ``enterprise,'' 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,''; and
            (4) in subsection (h), by striking ``sex'' the second place 
        it appears and inserting ``sex, sexual orientation, 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, sexual orientation, 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 gender 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, 
sexual orientation, gender identity,''.
    (e) Employment by Federal Government.--Section 717 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended--
            (1) in subsection (a), by striking ``sex,'' and inserting 
        ``sex, sexual orientation, gender identity,''; and
            (2) in subsection (c), by striking ``sex'' and inserting 
        ``sex, sexual orientation, 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 inserting 
        ``sex, sexual orientation, gender identity,'';
            (2) in section 302(a)(1), by striking ``sex,'' and 
        inserting ``sex, sexual orientation, gender 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, sexual 
orientation, gender identity, or national origin' shall be considered 
to be a reference to `race, color, religion, sex, sexual 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 
        ``sexual orientation, 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 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, sexual 
orientation, gender identity, or national origin' shall be considered 
to be a reference to `race, color, religion, sex, sexual orientation, 
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, sexual orientation, gender identity,'';
            (2) in section 2302--
                    (A) in subsection (b)(1)(A), by inserting ``sexual 
                orientation, gender identity,'' before ``or national 
                origin,''; and
                    (B) in subsection (d)(1), by inserting ``sexual 
                orientation, 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 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, sexual 
orientation, gender identity, or national origin' shall be considered 
to be a reference to `race, color, religion, sex, sexual orientation, 
gender identity, national origin, age, a handicapping condition, 
marital status, 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 ``, sexual orientation, 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, respectively;
            (2) by inserting after the title heading the following:

``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 origin.--The term `race', `color', 
        `religion', `sex', `sexual orientation', `gender identity', or 
        `national origin', used with respect to an individual, 
        includes--
                    ``(A) the race, color, religion, sex, sexual 
                orientation, 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, sexual 
                orientation, 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; and
                    ``(C) sexual orientation or gender identity.
            ``(5) Sexual orientation.--The term `sexual orientation' 
        means homosexuality, heterosexuality, or bisexuality.
    ``(b) Rules.--In a covered title referred to in subsection (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 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.''; 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 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 provision 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 construed to limit the claims or remedies 
available to any individual for an unlawful practice on the basis of 
race, color, religion, sex, sexual orientation, 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 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, 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', `sexual orientation', 
`gender identity', `handicap', `familial status', or `national origin', 
used with respect to an individual, includes--
            ``(1) the race, color, religion, sex, sexual orientation, 
        gender identity, handicap, familial 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, sexual orientation, 
        gender identity, handicap, familial status, or national origin, 
        respectively, of the individual.'';
            (2) in section 804, by inserting ``sexual orientation, 
        gender identity,'' after ``sex,'' each place that term appears;
            (3) in section 805, by inserting ``sexual orientation, 
        gender identity,'' after ``sex,'' each place that term appears;
            (4) in section 806, by inserting ``sexual orientation, 
        gender identity,'' after ``sex,'';
            (5) in section 808(e)(6), by inserting ``sexual 
        orientation, 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 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 ``sexual orientation (as such term is defined in section 802 
of this Act), 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 
``sexual orientation, gender identity,'' after ``status,''.
    (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 following:
    ``(f) The terms `gender identity', `sex', and `sexual orientation' 
have the meanings given those terms in section 1101(a) of the Civil 
Rights Act of 1964.
    ``(g) The term `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.''; 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--
            ``(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)) is amended by inserting ``, sexual 
orientation, 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 ``sexual orientation, 
        gender identity,'' after ``sex,'';
            (2) in section 1867(e), in the second sentence, by 
        inserting ``sexual orientation, gender identity,'' after 
        ``sex,'';
            (3) in section 1869--
                    (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', `sexual orientation', 
`gender identity', `economic status', or `national origin', used with 
respect to an individual, includes--
            ``(1) the race, color, religion, sex, sexual orientation, 
        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, sexual orientation, 
        gender identity, economic status, or national origin, 
        respectively, of the individual.''; and
            (4) by adding at the end the following:
``Sec. 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 sections to a `covered title' shall 
be considered a reference to `this chapter'.''.
    (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.''.
                                 <all>