Text of US HB 5 (2019)

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 2 •HR 5 IH 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- 1 tives of the United States of America in Congress assembled, 2 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 3 •HR 5 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Equality Act’’. 2 SEC. 2. FINDINGS AND PURPOSE. 3 (a) FINDINGS.—Congress finds the following: 4 (1) Discrimination can occur on the basis of the 5 sex, sexual orientation, gender identity, or preg- 6 nancy, childbirth, or a related medical condition of 7 an individual, as well as because of sex-based stereo- 8 types. Each of these factors alone can serve as the 9 basis for discrimination, and each is a form of sex 10 discrimination. 11 (2) A single instance of discrimination may 12 have more than one basis. For example, discrimina- 13 tion against a married same-sex couple could be 14 based on the sex stereotype that marriage should 15 only be between heterosexual couples, the sexual ori- 16 entation of the two individuals in the couple, or 17 both. Discrimination against a pregnant lesbian 18 could be based on her sex, her sexual orientation, 19 her pregnancy, or on the basis of multiple factors. 20 (3) Lesbian, gay, bisexual, and transgender (re- 21 ferred to as ‘‘LGBT’’) people commonly experience 22 discrimination in securing access to public accom- 23 modations—including restaurants, senior centers, 24 stores, places of or establishments that provide en- 25 tertainment, health care facilities, shelters, govern- 26 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 4 •HR 5 IH ment offices, youth service providers including adop- 1 tion and foster care providers, and transportation. 2 Forms of discrimination include the exclusion and 3 denial of entry, unequal or unfair treatment, harass- 4 ment, and violence. This discrimination prevents the 5 full participation of LGBT people in society and dis- 6 rupts the free flow of commerce. 7 (4) Women also have faced discrimination in 8 many establishments such as stores and restaurants, 9 and places or establishments that provide other 10 goods or services, such as entertainment or transpor- 11 tation, including sexual harassment, differential pric- 12 ing for substantially similar products and services, 13 and denial of services because they are pregnant or 14 breastfeeding. 15 (5) Many employers already and continue to 16 take proactive steps, beyond those required by some 17 States and localities, to ensure they are fostering 18 positive and respectful cultures for all employees. 19 Many places of public accommodation also recognize 20 the economic imperative to offer goods and services 21 to as many consumers as possible. 22 (6) Regular and ongoing discrimination against 23 LGBT people, as well as women, in accessing public 24 accommodations contributes to negative social and 25 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 5 •HR 5 IH economic outcomes, and in the case of public accom- 1 modations operated by State and local governments, 2 abridges individuals’ constitutional rights. 3 (7) The discredited practice known as ‘‘conver- 4 sion therapy’’ is a form of discrimination that harms 5 LGBT people by undermining individuals sense of 6 self worth, increasing suicide ideation and substance 7 abuse, exacerbating family conflict, and contributing 8 to second class status. 9 (8) Both LGBT people and women face wide- 10 spread discrimination in employment and various 11 services, including by entities that receive Federal fi- 12 nancial assistance. Such discrimination— 13 (A) is particularly troubling and inappro- 14 priate for programs and services funded wholly 15 or in part by the Federal Government; 16 (B) undermines national progress toward 17 equal treatment regardless of sex, sexual ori- 18 entation, or gender identity; and 19 (C) is inconsistent with the constitutional 20 principle of equal protection under the Four- 21 teenth Amendment to the Constitution of the 22 United States. 23 (9) Federal courts have widely recognized that, 24 in enacting the Civil Rights Act of 1964, Congress 25 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 6 •HR 5 IH validly invoked its powers under the Fourteenth 1 Amendment to provide a full range of remedies in 2 response to persistent, widespread, and pervasive 3 discrimination by both private and government ac- 4 tors. 5 (10) Discrimination by State and local govern- 6 ments on the basis of sexual orientation or gender 7 identity in employment, housing, and public accom- 8 modations, and in programs and activities receiving 9 Federal financial assistance, violates the Equal Pro- 10 tection Clause of the Fourteenth Amendment to the 11 Constitution of the United States. In many cir- 12 cumstances, such discrimination also violates other 13 constitutional rights such as those of liberty and pri- 14 vacy under the due process clause of the Fourteenth 15 Amendment. 16 (11) Individuals who are LGBT, or are per- 17 ceived to be LGBT, have been subjected to a history 18 and pattern of persistent, widespread, and pervasive 19 discrimination on the bases of sexual orientation and 20 gender identity by both private sector and Federal, 21 State, and local government actors, including in em- 22 ployment, housing, and public accommodations, and 23 in programs and activities receiving Federal finan- 24 cial assistance. An explicit and comprehensive na- 25 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 7 •HR 5 IH tional solution is needed to address such discrimina- 1 tion, including the full range of remedies available 2 under the Civil Rights Act of 1964. 3 (12) Numerous provisions of Federal law ex- 4 pressly prohibit discrimination on the basis of sex, 5 and Federal agencies and courts have correctly in- 6 terpreted these prohibitions on sex discrimination to 7 include discrimination based on sexual orientation, 8 gender identity, and sex stereotypes. In particular, 9 the Equal Employment Opportunity Commission 10 correctly interpreted title VII of the Civil Rights Act 11 of 1964 in Macy v. Holder, Baldwin v. Foxx, and 12 Lusardi v. McHugh. 13 (13) The absence of explicit prohibitions of dis- 14 crimination on the basis of sexual orientation and 15 gender identity under Federal statutory law, as well 16 as the existence of legislative proposals that would 17 have provided such explicit prohibitions, has led 18 some courts to conclude incorrectly that current 19 Federal laws prohibiting sex discrimination do not 20 prohibit discrimination on the basis of sexual ori- 21 entation and gender identity. It has also created un- 22 certainty for employers and other entities covered by 23 Federal nondiscrimination laws and caused unneces- 24 sary hardships for LGBT individuals. 25 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 8 •HR 5 IH (14) LGBT people often face discrimination 1 when seeking to rent or purchase housing, as well as 2 in every other aspect of obtaining and maintaining 3 housing. LGBT people in same-sex relationships are 4 often discriminated against when two names associ- 5 ated with one gender appear on a housing applica- 6 tion, and transgender people often encounter dis- 7 crimination when credit checks or inquiries reveal a 8 former name. 9 (15) National surveys, including a study com- 10 missioned by the Department of Housing and Urban 11 Development, show that housing discrimination 12 against LGBT people is very prevalent. For in- 13 stance, when same-sex couples inquire about housing 14 that is available for rent, they are less likely to re- 15 ceive positive responses from landlords. A national 16 matched-pair testing investigation found that nearly 17 one-half of same-sex couples face adverse, differen- 18 tial treatment when seeking elder housing. Accord- 19 ing to other studies, transgender people have half 20 the homeownership rate of non-transgender people 21 and about 1 in 5 transgender people experience 22 homelessness. 23 (16) As a result of the absence of explicit prohi- 24 bitions against discrimination on the basis of sexual 25 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 9 •HR 5 IH orientation and gender identity, credit applicants 1 who are LGBT, or perceived to be LGBT, have un- 2 equal opportunities to establish credit. LGBT people 3 can experience being denied a mortgage, credit card, 4 student loan, or many other types of credit simply 5 because of their sexual orientation or gender iden- 6 tity. 7 (17) Numerous studies demonstrate that LGBT 8 people, especially transgender people and women, are 9 economically disadvantaged and at a higher risk for 10 poverty compared with other groups of people. For 11 example, older women in same-sex couples have 12 twice the poverty rate of older different-sex couples. 13 (18) The right to an impartial jury of one’s 14 peers and the reciprocal right to jury service are 15 fundamental to the free and democratic system of 16 justice in the United States and are based in the 17 Bill of Rights. There is, however, an unfortunate 18 and long-documented history in the United States of 19 attorneys discriminating against LGBT individuals, 20 or those perceived to be LGBT, in jury selection. 21 Failure to bar peremptory challenges based on the 22 actual or perceived sexual orientation or gender 23 identity of an individual not only erodes a funda- 24 mental right, duty, and obligation of being a citizen 25 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 10 •HR 5 IH of the United States, but also unfairly creates a sec- 1 ond class of citizenship for LGBT victims, witnesses, 2 plaintiffs, and defendants. 3 (19) Numerous studies document the shortage 4 of qualified and available homes for the 437,000 5 youth in the child welfare system and the negative 6 outcomes for the many youth who live in group care 7 as opposed to a loving home or who age out without 8 a permanent family. Although same-sex couples are 9 7 times more likely to foster or adopt than their dif- 10 ferent-sex counterparts, many child placing agencies 11 refuse to serve same-sex couples and LGBT individ- 12 uals. This has resulted in a reduction of the pool of 13 qualified and available homes for youth in the child 14 welfare system who need placement on a temporary 15 or permanent basis. Barring discrimination in foster 16 care and adoption will increase the number of homes 17 available to foster children waiting for foster and 18 adoptive families. 19 (20) LGBT youth are overrepresented in the 20 foster care system by at least a factor of two and 21 report twice the rate of poor treatment while in care 22 compared to their non-LGBT counterparts. LGBT 23 youth in foster care have a higher average number 24 of placements, higher likelihood of living in a group 25 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 11 •HR 5 IH home, and higher rates of hospitalization for emo- 1 tional reasons and juvenile justice involvement than 2 their non-LGBT peers because of the high level of 3 bias and discrimination that they face and the dif- 4 ficulty of finding affirming foster placements. Fur- 5 ther, due to their physical distance from friends and 6 family, traumatic experiences, and potentially unsta- 7 ble living situations, all youth involved with child 8 welfare are at risk for being targeted by traffickers 9 seeking to exploit children. Barring discrimination in 10 child welfare services will ensure improved treatment 11 and outcomes for LGBT foster children. 12 (b) PURPOSE.—It is the purpose of this Act to ex- 13 pand as well as clarify, confirm and create greater consist- 14 ency in the protections and remedies against discrimina- 15 tion on the basis of all covered characteristics and to pro- 16 vide guidance and notice to individuals, organizations, cor- 17 porations, and agencies regarding their obligations under 18 the law. 19 SEC. 3. PUBLIC ACCOMMODATIONS. 20 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA- 21 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 22 Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended— 23 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 12 •HR 5 IH (1) in subsection (a), by inserting ‘‘sex (includ- 1 ing sexual orientation and gender identity),’’ before 2 ‘‘or national origin’’; and 3 (2) in subsection (b)— 4 (A) in paragraph (3), by striking ‘‘sta- 5 dium’’ and all that follows and inserting ‘‘sta- 6 dium or other place of or establishment that 7 provides exhibition, entertainment, recreation, 8 exercise, amusement, gathering, or display;’’; 9 (B) by redesignating paragraph (4) as 10 paragraph (6); and 11 (C) by inserting after paragraph (3) the 12 following: 13 ‘‘(4) any establishment that provides a good, 14 service, or program, including a store, shopping cen- 15 ter, online retailer or service provider, salon, bank, 16 gas station, food bank, service or care center, shel- 17 ter, travel agency, or funeral parlor, or establish- 18 ment that provides health care, accounting, or legal 19 services; 20 ‘‘(5) any train service, bus service, car service, 21 taxi service, airline service, station, depot, or other 22 place of or establishment that provides transpor- 23 tation service; and’’. 24 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 13 •HR 5 IH (b) PROHIBITION ON DISCRIMINATION OR SEGREGA- 1 TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 2 2000a–1) is amended by inserting ‘‘sex (including sexual 3 orientation and gender identity),’’ before ‘‘or national ori- 4 gin’’. 5 (c) RULE OF CONSTRUCTION.—Title II of such Act 6 (42 U.S.C. 2000a et seq.) is amended by adding at the 7 end the following: 8 ‘‘SEC. 208. RULE OF CONSTRUCTION. 9 ‘‘A reference in this title to an establishment— 10 ‘‘(1) shall be construed to include an individual 11 whose operations affect commerce and who is a pro- 12 vider of a good, service, or program; and 13 ‘‘(2) shall not be construed to be limited to a 14 physical facility or place.’’. 15 SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 16 Section 301(a) of the Civil Rights Act of 1964 (42 17 U.S.C. 2000b(a)) is amended by inserting ‘‘sex (including 18 sexual orientation and gender identity),’’ before ‘‘or na- 19 tional origin’’. 20 SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 21 (a) DEFINITIONS.—Section 401(b) of the Civil Rights 22 Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting 23 ‘‘(including sexual orientation and gender identity),’’ be- 24 fore ‘‘or national origin’’. 25 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 14 •HR 5 IH (b) CIVIL ACTIONS BY THE ATTORNEY GENERAL.— 1 Section 407 of such Act (42 U.S.C. 2000c–6) is amended, 2 in subsection (a)(2), by inserting ‘‘(including sexual ori- 3 entation and gender identity),’’ before ‘‘or national ori- 4 gin’’. 5 (c) CLASSIFICATION AND ASSIGNMENT.—Section 410 6 of such Act (42 U.S.C. 2000c–9) is amended by inserting 7 ‘‘(including sexual orientation and gender identity),’’ be- 8 fore ‘‘or national origin’’. 9 SEC. 6. FEDERAL FUNDING. 10 Section 601 of the Civil Rights Act of 1964 (42 11 U.S.C. 2000d) is amended by inserting ‘‘sex (including 12 sexual orientation and gender identity),’’ before ‘‘or na- 13 tional origin,’’. 14 SEC. 7. EMPLOYMENT. 15 (a) RULES OF CONSTRUCTION.—Title VII of the 16 Civil Rights Act of 1964 is amended by inserting after 17 section 701 (42 U.S.C. 2000e) the following: 18 ‘‘SEC. 701A. RULES OF CONSTRUCTION. 19 ‘‘Section 1106 shall apply to this title except that for 20 purposes of that application, a reference in that section 21 to an ‘unlawful practice’ shall be considered to be a ref- 22 erence to an ‘unlawful employment practice’.’’. 23 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 15 •HR 5 IH (b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 1 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 2 2) is amended— 3 (1) in the section header, by striking ‘‘SEX,’’ 4 and inserting ‘‘SEX (INCLUDING SEXUAL ORIENTA- 5 TION AND GENDER IDENTITY),’’; 6 (2) except in subsection (e), by striking ‘‘sex,’’ 7 each place it appears and inserting ‘‘sex (including 8 sexual orientation and gender identity),’’; and 9 (3) in subsection (e)(1), by striking ‘‘enter- 10 prise,’’ and inserting ‘‘enterprise, if, in a situation in 11 which sex is a bona fide occupational qualification, 12 individuals are recognized as qualified in accordance 13 with their gender identity,’’. 14 (c) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 15 Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 16 2000e–3(b)) is amended— 17 (1) by striking ‘‘sex,’’ the first place it appears 18 and inserting ‘‘sex (including sexual orientation and 19 gender identity),’’; and 20 (2) by striking ‘‘employment.’’ and inserting 21 ‘‘employment, if, in a situation in which sex is a 22 bona fide occupational qualification, individuals are 23 recognized as qualified in accordance with their gen- 24 der identity.’’. 25 VerDate Sep 11 2014 21:38 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5 pamtmann on DSKBFK8HB2PROD with BILLS 16 •HR 5 IH (d) CLAIMS.—Section 706(g)(2)(A) of the Civil 1 Rights Act of 1964 (2000e–5(g)(2)(A)) is amended by 2 striking ‘‘sex,’’ and inserting ‘‘sex (including sexual ori- 3 entation and gender identity),’’. 4 (e) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec- 5 tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 6 2000e–16) is amended— 7 (1) in subsection (a), by striking ‘‘sex,’’ and in- 8 serting ‘‘sex (including sexual orientation and gender 9 identity),’’; and 10 (2) in subsection (c), by striking ‘‘sex’’ and in- 11 serting ‘‘sex (including sexual orientation and gender 12 identity),’’. 13 (f) GOVERNMENT EMPLOYEE RIGHTS ACT OF 14 1991.—The Government Employee Rights Act of 1991 15 (42 U.S.C. 2000e–16a et seq.) is amended— 16 (1) in section 301(b), by striking ‘‘sex,’’ and in- 17 serting ‘‘sex (including sexual orientation and gender 18 identity),’’; 19 (2) in section 302(a)(1), by striking ‘‘sex,’’ and 20 inserting ‘‘sex (including sexual orientation and gen- 21 der identity),’’; and 22 (3) by adding at the end the following: 23 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 17 •HR 5 IH ‘‘SEC. 305. RULES OF CONSTRUCTION AND CLAIMS. 1 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 2 Rights Act of 1964 shall apply to this title except that 3 for purposes of that application, a reference in that section 4 1106 to ‘race, color, religion, sex (including sexual orienta- 5 tion and gender identity), or national origin’ shall be con- 6 sidered to be a reference to ‘race, color, religion, sex, sex- 7 ual orientation, gender identity, national origin, age, or 8 disability’.’’. 9 (g) CONGRESSIONAL ACCOUNTABILITY ACT OF 10 1995.—The Congressional Accountability Act of 1995 (2 11 U.S.C. 1301 et seq.) is amended— 12 (1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) 13 by inserting ‘‘(including sexual orientation and gen- 14 der identity),’’ before ‘‘or national origin,’’; and 15 (2) by adding at the end of title II (42 U.S.C. 16 1311 et seq.) the following: 17 ‘‘SEC. 208. RULES OF CONSTRUCTION AND CLAIMS. 18 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 19 Rights Act of 1964 shall apply to section 201 (and reme- 20 dial provisions of this Act related to section 201) except 21 that for purposes of that application, a reference in that 22 section 1106 to ‘race, color, religion, sex (including sexual 23 orientation and gender identity), or national origin’ shall 24 be considered to be a reference to ‘race, color, religion, 25 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 18 •HR 5 IH sex (including sexual orientation and gender identity), na- 1 tional origin, age, or disability’.’’. 2 (h) CIVIL SERVICE REFORM ACT OF 1978.—Chapter 3 23 of title 5, United States Code, is amended— 4 (1) in section 2301(b)(2), by striking ‘‘sex,’’ 5 and inserting ‘‘sex (including sexual orientation and 6 gender identity),’’; 7 (2) in section 2302— 8 (A) in subsection (b)(1)(A), by inserting 9 ‘‘(including sexual orientation and gender iden- 10 tity),’’ before ‘‘or national origin,’’; and 11 (B) in subsection (d)(1), by inserting ‘‘(in- 12 cluding sexual orientation and gender iden- 13 tity),’’ before ‘‘or national origin;’’; and 14 (3) by adding at the end the following: 15 ‘‘SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS. 16 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 17 Rights Act of 1964 shall apply to this chapter (and reme- 18 dial provisions of this title related to this chapter) except 19 that for purposes of that application, a reference in that 20 section 1106 to ‘race, color, religion, sex (including sexual 21 orientation and gender identity), or national origin’ shall 22 be considered to be a reference to ‘race, color, religion, 23 sex (including sexual orientation and gender identity), na- 24 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 19 •HR 5 IH tional origin, age, a handicapping condition, marital sta- 1 tus, or political affiliation’.’’. 2 SEC. 8. INTERVENTION. 3 Section 902 of the Civil Rights Act of 1964 (42 4 U.S.C. 2000h–2) is amended by inserting ‘‘(including sex- 5 ual orientation and gender identity),’’ before ‘‘or national 6 origin,’’. 7 SEC. 9. MISCELLANEOUS. 8 Title XI of the Civil Rights Act of 1964 is amended— 9 (1) by redesignating sections 1101 through 10 1104 (42 U.S.C. 2000h et seq.) and sections 1105 11 and 1106 (42 U.S.C. 2000h–5, 2000h–6) as sections 12 1102 through 1105 and sections 1108 and 1109, re- 13 spectively; 14 (2) by inserting after the title heading the fol- 15 lowing: 16 ‘‘SEC. 1101. DEFINITIONS AND RULES. 17 ‘‘(a) DEFINITIONS.—In titles II, III, IV, VI, VII, and 18 IX (referred to individually in sections 1106 and 1107 as 19 a ‘covered title’): 20 ‘‘(1) RACE; COLOR; RELIGION; SEX; SEXUAL 21 ORIENTATION; GENDER IDENTITY; NATIONAL ORI- 22 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’ (in- 23 cluding ‘sexual orientation’ and ‘gender identity’), or 24 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 20 •HR 5 IH ‘national origin’, used with respect to an individual, 1 includes— 2 ‘‘(A) the race, color, religion, sex (includ- 3 ing sexual orientation and gender identity), or 4 national origin, respectively, of another person 5 with whom the individual is associated or has 6 been associated; and 7 ‘‘(B) a perception or belief, even if inac- 8 curate, concerning the race, color, religion, sex 9 (including sexual orientation and gender iden- 10 tity), or national origin, respectively, of the in- 11 dividual. 12 ‘‘(2) GENDER IDENTITY.—The term ‘gender 13 identity’ means the gender-related identity, appear- 14 ance, mannerisms, or other gender-related character- 15 istics of an individual, regardless of the individual’s 16 designated sex at birth. 17 ‘‘(3) INCLUDING.—The term ‘including’ means 18 including, but not limited to, consistent with the 19 term’s standard meaning in Federal law. 20 ‘‘(4) SEX.—The term ‘sex’ includes— 21 ‘‘(A) a sex stereotype; 22 ‘‘(B) pregnancy, childbirth, or a related 23 medical condition; 24 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 21 •HR 5 IH ‘‘(C) sexual orientation or gender identity; 1 and 2 ‘‘(D) sex characteristics, including intersex 3 traits. 4 ‘‘(5) SEXUAL ORIENTATION.—The term ‘sexual 5 orientation’ means homosexuality, heterosexuality, or 6 bisexuality. 7 ‘‘(b) RULES.—In a covered title referred to in sub- 8 section (a)— 9 ‘‘(1) (with respect to sex) pregnancy, childbirth, 10 or a related medical condition shall not receive less 11 favorable treatment than other physical conditions; 12 and 13 ‘‘(2) (with respect to gender identity) an indi- 14 vidual shall not be denied access to a shared facility, 15 including a restroom, a locker room, and a dressing 16 room, that is in accordance with the individual’s 17 gender identity.’’; and 18 (3) by inserting after section 1105 the fol- 19 lowing: 20 ‘‘SEC. 1106. RULES OF CONSTRUCTION. 21 ‘‘(a) SEX.—Nothing in section 1101 or the provisions 22 of a covered title incorporating a term defined or a rule 23 specified in that section shall be construed— 24 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 22 •HR 5 IH ‘‘(1) to limit the protection against an unlawful 1 practice on the basis of pregnancy, childbirth, or a 2 related medical condition provided by section 701(k); 3 or 4 ‘‘(2) to limit the protection against an unlawful 5 practice on the basis of sex available under any pro- 6 vision of Federal law other than that covered title, 7 prohibiting a practice on the basis of sex. 8 ‘‘(b) CLAIMS AND REMEDIES NOT PRECLUDED.— 9 Nothing in section 1101 or a covered title shall be con- 10 strued to limit the claims or remedies available to any indi- 11 vidual for an unlawful practice on the basis of race, color, 12 religion, sex (including sexual orientation and gender iden- 13 tity), or national origin including claims brought pursuant 14 to section 1979 or 1980 of the Revised Statutes (42 15 U.S.C. 1983, 1985) or any other law, including a Federal 16 law amended by the Equality Act, regulation, or policy. 17 ‘‘(c) NO NEGATIVE INFERENCE.—Nothing in section 18 1101 or a covered title shall be construed to support any 19 inference that any Federal law prohibiting a practice on 20 the basis of sex does not prohibit discrimination on the 21 basis of pregnancy, childbirth, or a related medical condi- 22 tion, sexual orientation, gender identity, or a sex stereo- 23 type. 24 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 23 •HR 5 IH ‘‘SEC. 1107. CLAIMS. 1 ‘‘The Religious Freedom Restoration Act of 1993 (42 2 U.S.C. 2000bb et seq.) shall not provide a claim con- 3 cerning, or a defense to a claim under, a covered title, 4 or provide a basis for challenging the application or en- 5 forcement of a covered title.’’. 6 SEC. 10. HOUSING. 7 (a) FAIR HOUSING ACT.—The Fair Housing Act (42 8 U.S.C. 3601 et seq.) is amended— 9 (1) in section 802 (42 U.S.C. 3602), by adding 10 at the end the following: 11 ‘‘(p) ‘Gender identity’, ‘sex’, and ‘sexual orientation’ 12 have the meanings given those terms in section 1101(a) 13 of the Civil Rights Act of 1964. 14 ‘‘(q) ‘Race’, ‘color’, ‘religion’, ‘sex’ (including ‘sexual 15 orientation’ and ‘gender identity’), ‘handicap’, ‘familial 16 status’, or ‘national origin’, used with respect to an indi- 17 vidual, includes— 18 ‘‘(1) the race, color, religion, sex (including sex- 19 ual orientation and gender identity), handicap, fa- 20 milial status, or national origin, respectively, of an- 21 other person with whom the individual is associated 22 or has been associated; and 23 ‘‘(2) a perception or belief, even if inaccurate, 24 concerning the race, color, religion, sex (including 25 sexual orientation and gender identity), handicap, 26 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 24 •HR 5 IH familial status, or national origin, respectively, of the 1 individual.’’; 2 (2) in section 804, by inserting ‘‘(including sex- 3 ual orientation and gender identity),’’ after ‘‘sex,’’ 4 each place that term appears; 5 (3) in section 805, by inserting ‘‘(including sex- 6 ual orientation and gender identity),’’ after ‘‘sex,’’ 7 each place that term appears; 8 (4) in section 806, by inserting ‘‘(including sex- 9 ual orientation and gender identity),’’ after ‘‘sex,’’; 10 (5) in section 808(e)(6), by inserting ‘‘(includ- 11 ing sexual orientation and gender identity),’’ after 12 ‘‘sex,’’; and 13 (6) by adding at the end the following: 14 ‘‘SEC. 821. RULES OF CONSTRUCTION. 15 ‘‘Sections 1101(b) and 1106 of the Civil Rights Act 16 of 1964 shall apply to this title and section 901, except 17 that for purposes of that application, a reference in that 18 section 1101(b) or 1106 to a ‘covered title’ shall be consid- 19 ered a reference to ‘this title and section 901’. 20 ‘‘SEC. 822. CLAIMS. 21 ‘‘Section 1107 of the Civil Rights Act of 1964 shall 22 apply to this title and section 901, except that for pur- 23 poses of that application, a reference in that section 1107 24 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 25 •HR 5 IH to a ‘covered title’ shall be considered a reference to ‘this 1 title and section 901’.’’. 2 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS- 3 ING CASES.—Section 901 of the Civil Rights Act of 1968 4 (42 U.S.C. 3631) is amended by inserting ‘‘(including sex- 5 ual orientation (as such term is defined in section 802 of 6 this Act) and gender identity (as such term is defined in 7 section 802 of this Act)),’’ after ‘‘sex,’’ each place that 8 term appears. 9 SEC. 11. EQUAL CREDIT OPPORTUNITY. 10 (a) PROHIBITED DISCRIMINATION.—Section 11 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 12 1691(a)(1)) is amended by inserting ‘‘(including sexual 13 orientation and gender identity),’’ after ‘‘sex’’. 14 (b) DEFINITIONS.—Section 702 of the Equal Credit 15 Opportunity Act (15 U.S.C. 1691a) is amended— 16 (1) by redesignating subsections (f) and (g) as 17 subsections (h) and (i), respectively; 18 (2) by inserting after subsection (e) the fol- 19 lowing: 20 ‘‘(f) The terms ‘gender identity’, ‘sex’, and ‘sexual 21 orientation’ have the meanings given those terms in sec- 22 tion 1101(a) of the Civil Rights Act of 1964. 23 ‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori- 24 gin’, ‘sex’ (including ‘sexual orientation’ and ‘gender iden- 25 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 26 •HR 5 IH tity’), ‘marital status’, or ‘age’, used with respect to an 1 individual, includes— 2 ‘‘(1) the race, color, religion, national origin, 3 sex (including sexual orientation and gender iden- 4 tity), marital status, or age, respectively, of another 5 person with whom the individual is associated or has 6 been associated; and 7 ‘‘(2) a perception or belief, even if inaccurate, 8 concerning the race, color, religion, national origin, 9 sex (including sexual orientation and gender iden- 10 tity), marital status, or age, respectively, of the indi- 11 vidual.’’; and 12 (3) by adding at the end the following: 13 ‘‘(j) Sections 1101(b) and 1106 of the Civil Rights 14 Act of 1964 shall apply to this title, except that for pur- 15 poses of that application— 16 ‘‘(1) a reference in those sections to a ‘covered 17 title’ shall be considered a reference to ‘this title’; 18 and 19 ‘‘(2) paragraph (1) of such section 1101(b) 20 shall apply with respect to all aspects of a credit 21 transaction.’’. 22 (c) RELATION TO STATE LAWS.—Section 705(a) of 23 the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) 24 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 27 •HR 5 IH is amended by inserting ‘‘(including sexual orientation and 1 gender identity),’’ after ‘‘sex’’. 2 (d) CIVIL LIABILITY.—Section 706 of the Equal 3 Credit Opportunity Act (15 U.S.C. 1691e) is amended by 4 adding at the end the following: 5 ‘‘(l) Section 1107 of the Civil Rights Act of 1964 6 shall apply to this title, except that for purposes of that 7 application, a reference in that section to a ‘covered title’ 8 shall be considered a reference to ‘this title’.’’. 9 SEC. 12. JURIES. 10 (a) IN GENERAL.—Chapter 121 of title 28, United 11 States Code, is amended— 12 (1) in section 1862, by inserting ‘‘(including 13 sexual orientation and gender identity),’’ after 14 ‘‘sex,’’; 15 (2) in section 1867(e), in the second sentence, 16 by inserting ‘‘(including sexual orientation and gen- 17 der identity),’’ after ‘‘sex,’’; 18 (3) in section 1869— 19 (A) in subsection (j), by striking ‘‘and’’ at 20 the end; 21 (B) in subsection (k), by striking the pe- 22 riod at the end and inserting a semicolon; and 23 (C) by adding at the end the following: 24 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 28 •HR 5 IH ‘‘(l) ‘gender identity’, ‘sex’, and ‘sexual orientation’ 1 have the meanings given such terms under section 1101(a) 2 of the Civil Rights Act of 1964; and 3 ‘‘(m) ‘race’, ‘color’, ‘religion’, ‘sex’ (including ‘sexual 4 orientation’ and ‘gender identity’), ‘economic status’, or 5 ‘national origin’, used with respect to an individual, in- 6 cludes— 7 ‘‘(1) the race, color, religion, sex (including sex- 8 ual orientation and gender identity), economic sta- 9 tus, or national origin, respectively, of another per- 10 son with whom the individual is associated or has 11 been associated; and 12 ‘‘(2) a perception or belief, even if inaccurate, 13 concerning the race, color, religion, sex (including 14 sexual orientation and gender identity), economic 15 status, or national origin, respectively, of the indi- 16 vidual.’’; and 17 (4) by adding at the end the following: 18 ‘‘§ 1879. Rules of construction and claims 19 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 20 Rights Act of 1964 shall apply to this chapter, except that 21 for purposes of that application, a reference in those sec- 22 tions to a ‘covered title’ shall be considered a reference 23 to ‘this chapter’.’’. 24 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 29 •HR 5 IH (b) TECHNICAL AND CONFORMING AMENDMENT.— 1 The table of sections for chapter 121 of title 28, United 2 States Code, is amended by adding at the end the fol- 3 lowing: 4 ‘‘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