Text of US HB 6085 (2021)

Fair Pay for All Act of 2021

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I 117TH CONGRESS 1ST SESSION H. R. 6085 To amend the Fair Labor Standards Act of 1938 to provide that sex includes sexual orientation and gender identity, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 30, 2021 Mr. BROWN of Maryland (for himself, Mr. HIGGINS of New York, Mr. KIL- DEE, Mrs. CAROLYN B. MALONEY of New York, Mr. MOULTON, Ms. ROYBAL-ALLARD, and Mr. TONKO) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Fair Labor Standards Act of 1938 to provide that sex includes sexual orientation and gender identity, 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 ‘‘Fair Pay for All Act 4 of 2021’’. 5 VerDate Sep 11 2014 01:42 Dec 09, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6085.IH H6085 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 6085 IH SEC. 2. SEX TO INCLUDE SEXUAL ORIENTATION AND GEN- 1 DER IDENTITY. 2 (a) IN GENERAL.—Section 3 of the Fair Labor 3 Standards Act of 1938 (29 U.S.C. 203) is amended by 4 adding at the end the following: 5 ‘‘(t)(1) ‘Sex’ includes— 6 ‘‘(A) a sex stereotype; 7 ‘‘(B) pregnancy, childbirth, or a related medical 8 condition; 9 ‘‘(C) sexual orientation or gender identity; and 10 ‘‘(D) sex characteristics, including intersex 11 traits. 12 ‘‘(2) ‘Sexual orientation’ includes homosexuality, het- 13 erosexuality, and bisexuality. 14 ‘‘(3) ‘Gender identity’ means the gender-related iden- 15 tity, appearance, mannerisms, or other gender-related 16 characteristics of an individual, regardless of the individ- 17 ual’s designated sex at birth.’’. 18 (b) SEX-BASED DISCRIMINATION.—Section 6(d)(1) 19 of the Fair Labor Standards Act of 1938 (29 U.S.C. 20 206(d)(1)) is amended by striking ‘‘opposite’’ and insert- 21 ing ‘‘another’’. 22 Æ VerDate Sep 11 2014 03:07 Dec 09, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H6085.IH H6085 pbinns on DSKJLVW7X2PROD with BILLS