Text of US SB 2037 (2025)

II 119TH CONGRESS 1ST SESSION S. 2037 To amend title VII of the Civil Rights Act of 1964 to prohibit discrimination against employees on the basis of expression that describes, asserts, or reinforces the binary or biological nature of sex. IN THE SENATE OF THE UNITED STATES JUNE 11, 2025 Mr. BANKS introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title VII of the Civil Rights Act of 1964 to prohibit discrimination against employees on the basis of expression that describes, asserts, or reinforces the binary or biological nature of sex. 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 ‘‘Restoring Biological 4 Truth to the Workplace Act’’. 5 VerDate Sep 11 2014 03:55 Jun 13, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2037.IS S2037 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 2037 IS SEC. 2. PROHIBITED UNLAWFUL EMPLOYMENT ACTION. 1 Section 703 of the Civil Rights Act of 1964 (42 2 U.S.C. 2000e–2) is amended by adding at the end the fol- 3 lowing: 4 ‘‘(o)(1) It shall be an unlawful employment practice 5 for an employer to take an action described in subsection 6 (a) because an employee engages in covered expression, 7 that describes, asserts, or reinforces the binary or biologi- 8 cal nature of sex. For purposes of this paragraph, the 9 term ‘covered expression’ means expression, inside or out- 10 side of a workplace, through means including speech, writ- 11 ing, or a depiction, or owning or using an item that con- 12 tains speech, writing, or a depiction, and includes the use 13 of pronouns. 14 ‘‘(2) It shall be an unlawful employment practice for 15 an employer to take an action described in subsection (a) 16 because an employee requests or uses a single-sex area 17 that is a bathroom, changing area, or other area where 18 physical privacy is desirable. 19 ‘‘(3) It shall not be a defense to the use of a practice 20 described in paragraph (1) or (2) that use of the practice 21 is job related for the position in question or consistent 22 with business necessity.’’. 23 SEC. 3. PROHIBITED RETALIATION. 24 Section 704(a) of the Civil Rights Act of 1964 (42 25 U.S.C. 2000e–3(a)) is amended by inserting ‘‘, including 26 VerDate Sep 11 2014 03:55 Jun 13, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2037.IS S2037 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 2037 IS an unlawful employment practice prohibited under section 1 703(o)’’after ‘‘by this title’’. 2 Æ VerDate Sep 11 2014 03:55 Jun 13, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S2037.IS S2037 ssavage on LAPJG3WLY3PROD with BILLS