Text of US SB 1006 (2017)

II 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. HAR- RIS, 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 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 ‘‘Equality Act’’. 4 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 2 •S 1006 IS SEC. 2. FINDINGS AND PURPOSE. 1 (a) FINDINGS.—Congress finds the following: 2 (1) Discrimination can occur on the basis of the 3 sex, sexual orientation, gender identity, or preg- 4 nancy, childbirth, or a related medical condition of 5 an individual, as well as because of sex-based stereo- 6 types. Each of these factors alone can serve as the 7 basis for discrimination, and each is a form of sex 8 discrimination. 9 (2) A single instance of discrimination may 10 have more than one basis. For example, discrimina- 11 tion against a married same-sex couple could be 12 based on the sex stereotype that marriage should 13 only be between heterosexual couples, the sexual ori- 14 entation of the two individuals in the couple, or 15 both. Discrimination against a pregnant lesbian 16 could be based on her sex, her sexual orientation, 17 her pregnancy, or on the basis of multiple factors. 18 (3) Lesbian, gay, bisexual, and transgender (re- 19 ferred to as ‘‘LGBT’’) people commonly experience 20 discrimination in securing access to public accom- 21 modations—including restaurants, stores, places of 22 or establishments that provide entertainment, and 23 transportation. Forms of discrimination include the 24 exclusion and denial of entry, unequal or unfair 25 treatment, harassment, and violence. This discrimi- 26 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 3 •S 1006 IS nation prevents the full participation of LGBT peo- 1 ple in society and disrupts the free flow of com- 2 merce. 3 (4) Women also face discrimination, in estab- 4 lishments such as stores and restaurants, and places 5 or establishments that provide other goods or serv- 6 ices, such as entertainment or transportation, in- 7 cluding sexual harassment, differential pricing, and 8 denial of services because they are pregnant or 9 breastfeeding. 10 (5) Regular and ongoing discrimination against 11 LGBT people, as well as women, in accessing public 12 accommodations contributes to negative social and 13 economic outcomes. 14 (6) The discredited practice known as ‘‘conver- 15 sion therapy’’ is a form of discrimination that harms 16 LGBT people by undermining individuals sense of 17 self worth, increasing suicide ideation and substance 18 abuse, exacerbating family conflict, and contributing 19 to second class status. 20 (7) Both LGBT people and women face wide- 21 spread discrimination in employment and various 22 services, including by entities that receive Federal fi- 23 nancial assistance. Such discrimination— 24 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 4 •S 1006 IS (A) is particularly troubling and inappro- 1 priate for programs and services funded wholly 2 or in part by the Federal Government; 3 (B) undermines national progress toward 4 equal treatment regardless of sex, sexual ori- 5 entation, or gender identity; and 6 (C) is inconsistent with the constitutional 7 principle of equal protection under the Four- 8 teenth Amendment of the Constitution of the 9 United States. 10 (8) Workers who are LGBT, or are perceived to 11 be LGBT, have been subjected to a history and pat- 12 tern of persistent, widespread, and pervasive dis- 13 crimination on the bases of sexual orientation and 14 gender identity by private sector employers and Fed- 15 eral, State, and local government employers. 16 (9) Numerous provisions of Federal law ex- 17 pressly prohibit discrimination on the basis of sex, 18 and Federal agencies and courts have correctly in- 19 terpreted these prohibitions on sex discrimination to 20 include discrimination based on sexual orientation, 21 gender identity, and sex stereotypes. In particular, 22 the Equal Employment Opportunity Commission 23 correctly interpreted title VII of the Civil Rights Act 24 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 5 •S 1006 IS of 1964 in Macy v. Holder, Baldwin v. Foxx, and 1 Lusardi v. McHugh. 2 (10) The absence of explicit prohibitions of dis- 3 crimination on the basis of sexual orientation and 4 gender identity under Federal statutory law, as well 5 as the existence of legislative proposals that would 6 have provided such explicit prohibitions, has led 7 some courts to conclude incorrectly that current 8 Federal laws prohibiting sex discrimination do not 9 prohibit discrimination on the basis of sexual ori- 10 entation and gender identity. It has also created un- 11 certainty for employers and other entities covered by 12 Federal nondiscrimination laws and caused unneces- 13 sary hardships for LGBT individuals. 14 (11) LGBT people often face discrimination 15 when seeking to rent or purchase housing, as well as 16 in every other aspect of obtaining and maintaining 17 housing. LGBT people in same-sex relationships are 18 often discriminated against when two names associ- 19 ated with one gender appear on a housing applica- 20 tion, and transgender people often encounter dis- 21 crimination when credit checks or inquiries reveal a 22 former name. 23 (12) National surveys, including a study com- 24 missioned by the Department of Housing and Urban 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 6 •S 1006 IS Development, show that housing discrimination 1 against LGBT people is very prevalent. For in- 2 stance, when same-sex couples inquire about housing 3 that is available for rent, they are less likely to re- 4 ceive positive responses from landlords. According to 5 other studies, transgender people have half the 6 homeownership rate of non-transgender people and 7 about 1 in 5 transgender people experience home- 8 lessness. 9 (13) As a result of the absence of explicit prohi- 10 bitions against discrimination on the basis of sexual 11 orientation and gender identity, credit applicants 12 who are LGBT, or perceived to be LGBT, have un- 13 equal opportunities to establish credit. LGBT people 14 can experience being denied a mortgage, credit card, 15 student loan, or many other types of credit simply 16 because of their sexual orientation or gender iden- 17 tity. 18 (14) Numerous studies demonstrate that LGBT 19 people, especially transgender people and women, are 20 economically disadvantaged and at a higher risk for 21 poverty compared with other groups of people. 22 (15) The right to an impartial jury of one’s 23 peers and the reciprocal right to jury service are 24 fundamental to the free and democratic system of 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 7 •S 1006 IS justice in the United States and are based in the 1 Bill of Rights. There is, however, an unfortunate 2 and long-documented history in the United States of 3 attorneys discriminating against LGBT individuals, 4 or those perceived to be LGBT, in jury selection. 5 Failure to bar peremptory challenges based on the 6 actual or perceived sexual orientation or gender 7 identity of an individual not only erodes a funda- 8 mental right, duty, and obligation of being a citizen 9 of the United States, but also unfairly creates a sec- 10 ond class of citizenship for LGBT victims, witnesses, 11 plaintiffs, and defendants. 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 against discrimination on the basis 15 of all covered characteristics and to provide guidance and 16 notice to individuals, organizations, corporations, and 17 agencies regarding their obligations under the law. 18 SEC. 3. PUBLIC ACCOMMODATIONS. 19 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA- 20 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 21 Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended— 22 (1) in subsection (a), by inserting ‘‘sex, sexual 23 orientation, gender identity,’’ before ‘‘or national ori- 24 gin’’; and 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 8 •S 1006 IS (2) in subsection (b)— 1 (A) in paragraph (3), by striking ‘‘sta- 2 dium’’ and all that follows and inserting ‘‘sta- 3 dium or other place of or establishment that 4 provides exhibition, entertainment, recreation, 5 exercise, amusement, gathering, or display;’’; 6 (B) by redesignating paragraph (4) as 7 paragraph (6); and 8 (C) by inserting after paragraph (3) the 9 following: 10 ‘‘(4) any establishment that provides a good, 11 service, or program, including a store, shopping cen- 12 ter, online retailer or service provider, salon, bank, 13 gas station, food bank, service or care center, shel- 14 ter, travel agency, or funeral parlor, or establish- 15 ment that provides health care, accounting, or legal 16 services; 17 ‘‘(5) any train service, bus service, car service, 18 taxi service, airline service, station, depot, or other 19 place of or establishment that provides transpor- 20 tation service; and’’. 21 (b) PROHIBITION ON DISCRIMINATION OR SEGREGA- 22 TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 23 2000a–1) is amended by inserting ‘‘sex, sexual orienta- 24 tion, gender identity,’’ before ‘‘or national origin’’. 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 9 •S 1006 IS (c) RULE OF CONSTRUCTION.—Title II of such Act 1 (42 U.S.C. 2000a et seq.) is amended by adding at the 2 end the following: 3 ‘‘SEC. 208. RULE OF CONSTRUCTION. 4 ‘‘A reference in this title to an establishment— 5 ‘‘(1) shall be construed to include an individual 6 whose operations affect commerce and who is a pro- 7 vider of a good, service, or program; and 8 ‘‘(2) shall not be construed to be limited to a 9 physical facility or place.’’. 10 SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 11 Section 301(a) of the Civil Rights Act of 1964 (42 12 U.S.C. 2000b(a)) is amended by inserting ‘‘sex, sexual ori- 13 entation, gender identity,’’ before ‘‘or national origin’’. 14 SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 15 (a) DEFINITIONS.—Section 401(b) of the Civil Rights 16 Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting 17 ‘‘, sexual orientation, gender identity,’’ before ‘‘or national 18 origin’’. 19 (b) CIVIL ACTIONS BY THE ATTORNEY GENERAL.— 20 Section 407 of such Act (42 U.S.C. 2000c–6) is amended, 21 in subsection (a)(2), by inserting ‘‘, sexual orientation, 22 gender identity,’’ before ‘‘or national origin’’. 23 (c) CLASSIFICATION AND ASSIGNMENT.—Section 410 24 of such Act (42 U.S.C. 2000c–9) is amended by inserting 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 10 •S 1006 IS ‘‘, sexual orientation, gender identity,’’ before ‘‘or national 1 origin’’. 2 SEC. 6. FEDERAL FUNDING. 3 Section 601 of the Civil Rights Act of 1964 (42 4 U.S.C. 2000d) is amended by inserting ‘‘sex, sexual ori- 5 entation, gender identity,’’ before ‘‘or national origin,’’. 6 SEC. 7. EMPLOYMENT. 7 (a) RULES OF CONSTRUCTION.—Title VII of the 8 Civil Rights Act of 1964 is amended by inserting after 9 section 701 (42 U.S.C. 2000e) the following: 10 ‘‘SEC. 701A. RULES OF CONSTRUCTION. 11 ‘‘Section 1106 shall apply to this title except that for 12 purposes of that application, a reference in that section 13 to an ‘unlawful practice’ shall be considered to be a ref- 14 erence to an ‘unlawful employment practice’.’’. 15 (b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 16 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 17 2) is amended— 18 (1) in the section header, by striking ‘‘SEX,’’ 19 and inserting ‘‘SEX, SEXUAL ORIENTATION, GENDER 20 IDENTITY,’’; 21 (2) except in subsection (e), by striking ‘‘sex,’’ 22 each place it appears and inserting ‘‘sex, sexual ori- 23 entation, gender identity,’’; 24 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 11 •S 1006 IS (3) in subsection (e)(1), by striking ‘‘enter- 1 prise,’’ and inserting ‘‘enterprise, if, in a situation in 2 which sex is a bona fide occupational qualification, 3 individuals are recognized as qualified in accordance 4 with their gender identity,’’; and 5 (4) in subsection (h), by striking ‘‘sex’’ the sec- 6 ond place it appears and inserting ‘‘sex, sexual ori- 7 entation, gender identity,’’. 8 (c) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 9 Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 10 2000e–3(b)) is amended— 11 (1) by striking ‘‘sex,’’ the first place it appears 12 and inserting ‘‘sex, sexual orientation, gender iden- 13 tity,’’; and 14 (2) by striking ‘‘employment.’’ and inserting 15 ‘‘employment, if, in a situation in which sex is a 16 bona fide occupational qualification, individuals are 17 recognized as qualified in accordance with their gen- 18 der identity.’’. 19 (d) CLAIMS.—Section 706(g)(2)(A) of the Civil 20 Rights Act of 1964 (2000e–5(g)(2)(A)) is amended by 21 striking ‘‘sex,’’ and inserting ‘‘sex, sexual orientation, gen- 22 der identity,’’. 23 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 12 •S 1006 IS (e) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec- 1 tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 2 2000e–16) is amended— 3 (1) in subsection (a), by striking ‘‘sex,’’ and in- 4 serting ‘‘sex, sexual orientation, gender identity,’’; 5 and 6 (2) in subsection (c), by striking ‘‘sex’’ and in- 7 serting ‘‘sex, sexual orientation, gender identity,’’. 8 (f) GOVERNMENT EMPLOYEE RIGHTS ACT OF 9 1991.—The Government Employee Rights Act of 1991 10 (42 U.S.C. 2000e–16a et seq.) is amended— 11 (1) in section 301(b), by striking ‘‘sex,’’ and in- 12 serting ‘‘sex, sexual orientation, gender identity,’’; 13 (2) in section 302(a)(1), by striking ‘‘sex,’’ and 14 inserting ‘‘sex, sexual orientation, gender identity,’’; 15 and 16 (3) by adding at the end the following: 17 ‘‘SEC. 305. RULES OF CONSTRUCTION AND CLAIMS. 18 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 19 Rights Act of 1964 shall apply to this title except that 20 for purposes of that application, a reference in that section 21 1106 to ‘race, color, religion, sex, sexual orientation, gen- 22 der identity, or national origin’ shall be considered to be 23 a reference to ‘race, color, religion, sex, sexual orientation, 24 gender identity, national origin, age, or disability’.’’. 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 13 •S 1006 IS (g) CONGRESSIONAL ACCOUNTABILITY ACT OF 1 1995.—The Congressional Accountability Act of 1995 (2 2 U.S.C. 1301 et seq.) is amended— 3 (1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) 4 by inserting ‘‘sexual orientation, gender identity,’’ 5 before ‘‘or national origin,’’; and 6 (2) by adding at the end of title II (42 U.S.C. 7 1311 et seq.) the following: 8 ‘‘SEC. 208. RULES OF CONSTRUCTION AND CLAIMS. 9 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 10 Rights Act of 1964 shall apply to section 201 (and reme- 11 dial provisions of this Act related to section 201) except 12 that for purposes of that application, a reference in that 13 section 1106 to ‘race, color, religion, sex, sexual orienta- 14 tion, gender identity, or national origin’ shall be consid- 15 ered to be a reference to ‘race, color, religion, sex, sexual 16 orientation, gender identity, national origin, age, or dis- 17 ability’.’’. 18 (h) CIVIL SERVICE REFORM ACT OF 1978.—Chapter 19 23 of title 5, United States Code, is amended— 20 (1) in section 2301(b)(2), by striking ‘‘sex,’’ 21 and inserting ‘‘sex, sexual orientation, gender iden- 22 tity,’’; 23 (2) in section 2302— 24 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 14 •S 1006 IS (A) in subsection (b)(1)(A), by inserting 1 ‘‘sexual orientation, gender identity,’’ before ‘‘or 2 national origin,’’; and 3 (B) in subsection (d)(1), by inserting ‘‘sex- 4 ual orientation, gender identity,’’ before ‘‘or na- 5 tional origin;’’; and 6 (3) by adding at the end the following: 7 ‘‘SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS. 8 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 9 Rights Act of 1964 shall apply to this chapter (and reme- 10 dial provisions of this title related to this chapter) except 11 that for purposes of that application, a reference in that 12 section 1106 to ‘race, color, religion, sex, sexual orienta- 13 tion, gender identity, or national origin’ shall be consid- 14 ered to be a reference to ‘race, color, religion, sex, sexual 15 orientation, gender identity, national origin, age, a handi- 16 capping condition, marital status, or political affiliation’.’’. 17 SEC. 8. INTERVENTION. 18 Section 902 of the Civil Rights Act of 1964 (42 19 U.S.C. 2000h–2) is amended by inserting ‘‘, sexual ori- 20 entation, gender identity,’’ before ‘‘or national origin,’’. 21 SEC. 9. MISCELLANEOUS. 22 Title XI of the Civil Rights Act of 1964 is amended— 23 (1) by redesignating sections 1101 through 24 1104 (42 U.S.C. 2000h et seq.) and sections 1105 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 15 •S 1006 IS and 1106 (42 U.S.C. 2000h–5, 2000h–6) as sections 1 1102 through 1105 and sections 1108 and 1109, re- 2 spectively; 3 (2) by inserting after the title heading the fol- 4 lowing: 5 ‘‘SEC. 1101. DEFINITIONS AND RULES. 6 ‘‘(a) DEFINITIONS.—In titles II, III, IV, VI, VII, and 7 IX (referred to individually in sections 1106 and 1107 as 8 a ‘covered title’): 9 ‘‘(1) RACE; COLOR; RELIGION; SEX; SEXUAL 10 ORIENTATION; GENDER IDENTITY; NATIONAL ORI- 11 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’, ‘sex- 12 ual orientation’, ‘gender identity’, or ‘national ori- 13 gin’, used with respect to an individual, includes— 14 ‘‘(A) the race, color, religion, sex, sexual 15 orientation, gender identity, or national origin, 16 respectively, of another person with whom the 17 individual is associated or has been associated; 18 and 19 ‘‘(B) a perception or belief, even if inac- 20 curate, concerning the race, color, religion, sex, 21 sexual orientation, gender identity, or national 22 origin, respectively, of the individual. 23 ‘‘(2) GENDER IDENTITY.—The term ‘gender 24 identity’ means the gender-related identity, appear- 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 16 •S 1006 IS ance, mannerisms, or other gender-related character- 1 istics of an individual, regardless of the individual’s 2 designated sex at birth. 3 ‘‘(3) INCLUDING.—The term ‘including’ means 4 including, but not limited to, consistent with the 5 term’s standard meaning in Federal law. 6 ‘‘(4) SEX.—The term ‘sex’ includes— 7 ‘‘(A) a sex stereotype; 8 ‘‘(B) pregnancy, childbirth, or a related 9 medical condition; and 10 ‘‘(C) sexual orientation or gender identity. 11 ‘‘(5) SEXUAL ORIENTATION.—The term ‘sexual 12 orientation’ means homosexuality, heterosexuality, or 13 bisexuality. 14 ‘‘(b) RULES.—In a covered title referred to in sub- 15 section (a)— 16 ‘‘(1) (with respect to sex) pregnancy, childbirth, 17 or a related medical condition shall not receive less 18 favorable treatment than other physical conditions; 19 and 20 ‘‘(2) (with respect to gender identity) an indi- 21 vidual shall not be denied access to a shared facility, 22 including a restroom, a locker room, and a dressing 23 room, that is in accordance with the individual’s 24 gender identity.’’; and 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 17 •S 1006 IS (3) by inserting after section 1105 the fol- 1 lowing: 2 ‘‘SEC. 1106. RULES OF CONSTRUCTION. 3 ‘‘(a) SEX.—Nothing in section 1101 or the provisions 4 of a covered title incorporating a term defined or a rule 5 specified in that section shall be construed— 6 ‘‘(1) to limit the protection against an unlawful 7 practice on the basis of pregnancy, childbirth, or a 8 related medical condition provided by section 701(k); 9 or 10 ‘‘(2) to limit the protection against an unlawful 11 practice on the basis of sex available under any pro- 12 vision of Federal law other than that covered title, 13 prohibiting a practice on the basis of sex. 14 ‘‘(b) CLAIMS AND REMEDIES NOT PRECLUDED.— 15 Nothing in section 1101 or a covered title shall be con- 16 strued to limit the claims or remedies available to any indi- 17 vidual for an unlawful practice on the basis of race, color, 18 religion, sex, sexual orientation, gender identity, or na- 19 tional origin including claims brought pursuant to section 20 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 21 1985) or any other law, including a Federal law amended 22 by the Equality Act, regulation, or policy. 23 ‘‘(c) NO NEGATIVE INFERENCE.—Nothing in section 24 1101 or a covered title shall be construed to support any 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 18 •S 1006 IS inference that any Federal law prohibiting a practice on 1 the basis of sex does not prohibit discrimination on the 2 basis of pregnancy, childbirth, or a related medical condi- 3 tion, sexual orientation, gender identity, or a sex stereo- 4 type. 5 ‘‘SEC. 1107. CLAIMS. 6 ‘‘The Religious Freedom Restoration Act of 1993 (42 7 U.S.C. 2000bb et seq.) shall not provide a claim con- 8 cerning, or a defense to a claim under, a covered title, 9 or provide a basis for challenging the application or en- 10 forcement of a covered title.’’. 11 SEC. 10. HOUSING. 12 (a) FAIR HOUSING ACT.—The Fair Housing Act (42 13 U.S.C. 3601 et seq.) is amended— 14 (1) in section 802, by adding at the end the fol- 15 lowing: 16 ‘‘(p) ‘Gender identity’, ‘sex’, and ‘sexual orientation’ 17 have the meanings given those terms in section 1101(a) 18 of the Civil Rights Act of 1964. 19 ‘‘(q) ‘Race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orienta- 20 tion’, ‘gender identity’, ‘handicap’, ‘familial status’, or ‘na- 21 tional origin’, used with respect to an individual, in- 22 cludes— 23 ‘‘(1) the race, color, religion, sex, sexual ori- 24 entation, gender identity, handicap, familial status, 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 19 •S 1006 IS or national origin, respectively, of another person 1 with whom the individual is associated or has been 2 associated; and 3 ‘‘(2) a perception or belief, even if inaccurate, 4 concerning the race, color, religion, sex, sexual ori- 5 entation, gender identity, handicap, familial status, 6 or national origin, respectively, of the individual.’’; 7 (2) in section 804, by inserting ‘‘sexual orienta- 8 tion, gender identity,’’ after ‘‘sex,’’ each place that 9 term appears; 10 (3) in section 805, by inserting ‘‘sexual orienta- 11 tion, gender identity,’’ after ‘‘sex,’’ each place that 12 term appears; 13 (4) in section 806, by inserting ‘‘sexual orienta- 14 tion, gender identity,’’ after ‘‘sex,’’; 15 (5) in section 808(e)(6), by inserting ‘‘sexual 16 orientation, gender identity,’’ after ‘‘sex,’’; and 17 (6) by adding at the end the following: 18 ‘‘SEC. 821. RULES OF CONSTRUCTION. 19 ‘‘Sections 1101(b) and 1106 of the Civil Rights Act 20 of 1964 shall apply to this title and section 901, except 21 that for purposes of that application, a reference in that 22 section 1101(b) or 1106 to a ‘covered title’ shall be consid- 23 ered a reference to ‘this title and section 901’. 24 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 20 •S 1006 IS ‘‘SEC. 822. CLAIMS. 1 ‘‘Section 1107 of the Civil Rights Act of 1964 shall 2 apply to this title and section 901, except that for pur- 3 poses of that application, a reference in that section 1107 4 to a ‘covered title’ shall be considered a reference to ‘this 5 title and section 901’.’’. 6 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS- 7 ING CASES.—Section 901 of the Civil Rights Act of 1968 8 (42 U.S.C. 3631) is amended by inserting ‘‘sexual orienta- 9 tion (as such term is defined in section 802 of this Act), 10 gender identity (as such term is defined in section 802 11 of this Act),’’ after ‘‘sex,’’ each place that term appears. 12 SEC. 11. EQUAL CREDIT OPPORTUNITY. 13 (a) PROHIBITED DISCRIMINATION.—Section 14 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 15 1691(a)(1)) is amended by inserting ‘‘sexual orientation, 16 gender identity,’’ after ‘‘status,’’. 17 (b) DEFINITIONS.—Section 702 of the Equal Credit 18 Opportunity Act (15 U.S.C. 1691a) is amended— 19 (1) by redesignating subsections (f) and (g) as 20 subsections (h) and (i), respectively; 21 (2) by inserting after subsection (e) the fol- 22 lowing: 23 ‘‘(f) The terms ‘gender identity’, ‘sex’, and ‘sexual 24 orientation’ have the meanings given those terms in sec- 25 tion 1101(a) of the Civil Rights Act of 1964. 26 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 21 •S 1006 IS ‘‘(g) The term ‘race’, ‘color’, ‘religion’, ‘national ori- 1 gin’, ‘sex’, ‘sexual orientation’, ‘gender identity’, ‘marital 2 status’, or ‘age’, used with respect to an individual, in- 3 cludes— 4 ‘‘(1) the race, color, religion, national origin, 5 sex, sexual orientation, gender identity, marital sta- 6 tus, or age, respectively, of another person with 7 whom the individual is associated or has been associ- 8 ated; and 9 ‘‘(2) a perception or belief, even if inaccurate, 10 concerning the race, color, religion, national origin, 11 sex, sexual orientation, gender identity, marital sta- 12 tus, or age, respectively, of the individual.’’; and 13 (3) by adding at the end the following: 14 ‘‘(j) Sections 1101(b) and 1106 of the Civil Rights 15 Act of 1964 shall apply to this title, except that for pur- 16 poses of that application— 17 ‘‘(1) a reference in those sections to a ‘covered 18 title’ shall be considered a reference to ‘this title’; 19 and 20 ‘‘(2) paragraph (1) of such section 1101(b) 21 shall apply with respect to all aspects of a credit 22 transaction.’’. 23 (c) RELATION TO STATE LAWS.—Section 705(a) of 24 the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) 25 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 22 •S 1006 IS is amended by inserting ‘‘, sexual orientation, gender iden- 1 tity,’’ 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 ‘‘sexual ori- 13 entation, gender identity,’’ after ‘‘sex,’’; 14 (2) in section 1867(e), in the second sentence, 15 by inserting ‘‘sexual orientation, gender identity,’’ 16 after ‘‘sex,’’; 17 (3) in section 1869— 18 (A) in subsection (j), by striking ‘‘and’’ at 19 the end; 20 (B) in subsection (k), by striking the pe- 21 riod at the end and inserting a semicolon; and 22 (C) by adding at the end the following: 23 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 23 •S 1006 IS ‘‘(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’, ‘sexual orienta- 4 tion’, ‘gender identity’, ‘economic status’, or ‘national ori- 5 gin’, used with respect to an individual, includes— 6 ‘‘(1) the race, color, religion, sex, sexual ori- 7 entation, gender identity, economic status, or na- 8 tional origin, respectively, of another person with 9 whom the individual is associated or has been associ- 10 ated; and 11 ‘‘(2) a perception or belief, even if inaccurate, 12 concerning the race, color, religion, sex, sexual ori- 13 entation, gender identity, economic status, or na- 14 tional origin, respectively, of the individual.’’; and 15 (4) by adding at the end the following: 16 ‘‘§ 1879. Rules of construction and claims 17 ‘‘Sections 1101(b), 1106, and 1107 of the Civil 18 Rights Act of 1964 shall apply to this chapter, except that 19 for purposes of that application, a reference in those sec- 20 tions to a ‘covered title’ shall be considered a reference 21 to ‘this chapter’.’’. 22 (b) TECHNICAL AND CONFORMING AMENDMENT.— 23 The table of sections for chapter 121 of title 28, United 24 VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS 24 •S 1006 IS States Code, is amended by adding at the end the fol- 1 lowing: 2 ‘‘1879. Rules of construction and claims.’’. Æ VerDate Sep 11 2014 04:09 May 06, 2017 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6301 E:\BILLS\S1006.IS S1006 lotter on DSK5VPTVN1PROD with BILLS