Text of US HB 5586 (2016)

I 114TH CONGRESS 2D SESSION H. R. 5586 To prohibit discrimination in public accommodations on the basis of sex, gender identity, and sexual orientation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 24, 2016 Mrs. WATSON COLEMAN (for herself, Mr. CICILLINE, Mr. GRAYSON, Mr. HAS- TINGS, Mr. HONDA, Ms. LEE, Mr. LEVIN, Mr. LOWENTHAL, Mr. SEAN PATRICK MALONEY of New York, Ms. MCCOLLUM, Ms. MENG, Ms. NOR- TON, Mr. PETERS, Ms. SCHAKOWSKY, Mr. SERRANO, Ms. SPEIER, Mr. SWALWELL of California, and Ms. VELA´ZQUEZ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Customer Non-Dis- 4 crimination Act’’. 5 VerDate Sep 11 2014 02:11 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5586.IH H5586 emcdonald on DSK9F6TC42PROD with BILLS 2 •HR 5586 IH SEC. 2. PUBLIC ACCOMMODATIONS. 1 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA- 2 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 3 Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended— 4 (1) in subsection (a), by inserting ‘‘sex, sexual 5 orientation, gender identity,’’ before ‘‘or national ori- 6 gin’’; and 7 (2) in subsection (b)— 8 (A) in paragraph (3), by striking ‘‘sta- 9 dium’’ and all that follows and inserting ‘‘sta- 10 dium or other place of or establishment that 11 provides exhibition, entertainment, recreation, 12 exercise, amusement, gathering, or display;’’; 13 (B) by redesignating paragraph (4) as 14 paragraph (6); and 15 (C) by inserting after paragraph (3) the 16 following: 17 ‘‘(4) any establishment that provides a good, 18 service, or program, including a store, shopping cen- 19 ter, online retailer or service provider, salon, bank, 20 gas station, food bank, service or care center, shel- 21 ter, travel agency, or funeral parlor, or establish- 22 ment that provides health care, accounting, or legal 23 services; 24 ‘‘(5) any train service, bus service, car service, 25 taxi service, airline service, station, depot, or other 26 VerDate Sep 11 2014 02:11 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5586.IH H5586 emcdonald on DSK9F6TC42PROD with BILLS 3 •HR 5586 IH place of or establishment that provides transpor- 1 tation service; and’’. 2 (b) PROHIBITION ON DISCRIMINATION OR SEGREGA- 3 TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 4 2000a–1) is amended by inserting ‘‘sex, sexual orienta- 5 tion, gender identity,’’ before ‘‘or national origin’’. 6 (c) DEFINITIONS AND RULES OF CONSTRUCTION.— 7 Title II of such Act (42 U.S.C. 2000a et seq.) is amended 8 by adding at the end the following: 9 ‘‘SEC. 208. DEFINITIONS AND RULES. 10 ‘‘(a) DEFINITIONS.— 11 ‘‘(1) RACE; COLOR; RELIGION; SEX; SEXUAL 12 ORIENTATION; GENDER IDENTITY; NATIONAL ORI- 13 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’, ‘sex- 14 ual orientation’, ‘gender identity’, or ‘national ori- 15 gin’, used with respect to an individual, includes— 16 ‘‘(A) the race, color, religion, sex, sexual 17 orientation, gender identity, or national origin, 18 respectively, of another person with whom the 19 individual is associated or has been associated; 20 and 21 ‘‘(B) a perception or belief, even if inac- 22 curate, concerning the race, color, religion, sex, 23 sexual orientation, gender identity, or national 24 origin, respectively, of the individual. 25 VerDate Sep 11 2014 02:11 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5586.IH H5586 emcdonald on DSK9F6TC42PROD with BILLS 4 •HR 5586 IH ‘‘(2) GENDER IDENTITY.—The term ‘gender 1 identity’ means the gender-related identity, appear- 2 ance, mannerisms, or other gender-related character- 3 istics of an individual, regardless of the individual’s 4 designated sex at birth. 5 ‘‘(3) INCLUDING.—The term ‘including’ means 6 including, but not limited to, consistent with the 7 term’s standard meaning in Federal law. 8 ‘‘(4) SEX.—The term ‘sex’ includes— 9 ‘‘(A) a sex stereotype; 10 ‘‘(B) pregnancy, childbirth, or a related 11 medical condition; and 12 ‘‘(C) sexual orientation or gender identity. 13 ‘‘(5) SEXUAL ORIENTATION.—The term ‘sexual 14 orientation’ means homosexuality, heterosexuality, or 15 bisexuality. 16 ‘‘(b) RULES.—In this title— 17 ‘‘(1) (with respect to sex) pregnancy, childbirth, 18 or a related medical condition shall not receive less 19 favorable treatment than other physical conditions; 20 and 21 ‘‘(2) (with respect to gender identity) an indi- 22 vidual shall not be denied access to a shared facility, 23 including a restroom, a locker room, and a dressing 24 VerDate Sep 11 2014 02:11 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5586.IH H5586 emcdonald on DSK9F6TC42PROD with BILLS 5 •HR 5586 IH room, that is in accordance with the individual’s 1 gender identity. 2 ‘‘SEC. 209. RULES OF CONSTRUCTION. 3 ‘‘(a) CLAIMS AND REMEDIES NOT PRECLUDED.— 4 Nothing in this title shall be construed to limit the claims 5 or remedies available to any individual for an unlawful 6 practice on the basis of race, color, religion, sex, sexual 7 orientation, gender identity, or national origin including 8 claims brought pursuant to section 1979 or 1980 of the 9 Revised Statutes (42 U.S.C. 1983, 1985) or any other 10 law, including the Federal law amended by the Customer 11 Non-Discrimination Act, regulation, or policy. 12 ‘‘(b) NO NEGATIVE INFERENCE.—Nothing in this 13 title shall be construed to support any inference that any 14 Federal law prohibiting a practice on the basis of sex does 15 not prohibit discrimination on the basis of pregnancy, 16 childbirth, or a related medical condition, sexual orienta- 17 tion, gender identity, or a sex stereotype. 18 ‘‘(c) SCOPE OF AN ESTABLISHMENT.—A reference in 19 this title to an establishment— 20 ‘‘(1) shall be construed to include an individual 21 whose operations affect commerce and who is a pro- 22 vider of a good, service, or program; and 23 ‘‘(2) shall not be construed to be limited to a 24 physical facility or place. 25 VerDate Sep 11 2014 02:11 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5586.IH H5586 emcdonald on DSK9F6TC42PROD with BILLS 6 •HR 5586 IH ‘‘SEC. 210. 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 this title or provide 4 a basis for challenging the application or enforcement of 5 this title.’’. 6 Æ VerDate Sep 11 2014 02:11 Jun 28, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5586.IH H5586 emcdonald on DSK9F6TC42PROD with BILLS