Text of US SB 788 (2019)

II 116TH CONGRESS 1ST SESSION S. 788 To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 13, 2019 Mr. MERKLEY (for himself, Ms. COLLINS, Ms. BALDWIN, Mr. BOOKER, Mr. MARKEY, Mr. JONES, Mr. WHITEHOUSE, Mr. BLUMENTHAL, Mr. LEAHY, Ms. HARRIS, Ms. CANTWELL, Mr. VAN HOLLEN, Ms. STABENOW, Mrs. MURRAY, Ms. WARREN, Mr. WYDEN, Ms. CORTEZ MASTO, Ms. KLO- BUCHAR, Mr. CARDIN, Ms. ROSEN, Mr. CASEY, Mr. SANDERS, Mr. PETERS, Mr. BROWN, Mr. MENENDEZ, Ms. SMITH, Mr. REED, Mrs. SHAHEEN, Mr. COONS, Mr. KAINE, Mr. HEINRICH, Ms. HASSAN, Mr. BENNET, Mr. MURPHY, Mr. CARPER, Mr. UDALL, Mr. TESTER, Mr. DURBIN, Mrs. FEINSTEIN, Mrs. GILLIBRAND, Mr. SCHATZ, Ms. DUCKWORTH, Mr. KING, Mr. WARNER, Ms. HIRONO, Mr. SCHUMER, and Ms. SINEMA) introduced the following bill; which was read twice and re- ferred 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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 788 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, transgender, and 19 queer (referred to as ‘‘LGBTQ’’) people commonly 20 experience discrimination in securing access to pub- 21 lic accommodations—including restaurants, senior 22 centers, stores, places of or establishments that pro- 23 vide entertainment, health care facilities, shelters, 24 government offices, youth service providers including 25 adoption and foster care providers, and transpor- 26 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 788 IS tation. Forms of discrimination include the exclusion 1 and denial of entry, unequal or unfair treatment, 2 harassment, and violence. This discrimination pre- 3 vents the full participation of LGBTQ people in so- 4 ciety and disrupts the free flow of commerce. 5 (4) Women also have faced discrimination in 6 many establishments such as stores and restaurants, 7 and places or establishments that provide other 8 goods or services, such as entertainment or transpor- 9 tation, including sexual harassment, differential pric- 10 ing for substantially similar products and services, 11 and denial of services because they are pregnant or 12 breastfeeding. 13 (5) Many employers already and continue to 14 take proactive steps, beyond those required by some 15 States and localities, to ensure they are fostering 16 positive and respectful cultures for all employees. 17 Many places of public accommodation also recognize 18 the economic imperative to offer goods and services 19 to as many consumers as possible. 20 (6) Regular and ongoing discrimination against 21 LGBTQ people, as well as women, in accessing pub- 22 lic accommodations contributes to negative social 23 and economic outcomes, and in the case of public ac- 24 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 788 IS commodations operated by State and local govern- 1 ments, abridges individuals’ constitutional rights. 2 (7) The discredited practice known as ‘‘conver- 3 sion therapy’’ is a form of discrimination that harms 4 LGBTQ people by undermining individuals sense of 5 self worth, increasing suicide ideation and substance 6 abuse, exacerbating family conflict, and contributing 7 to second class status. 8 (8) Both LGBTQ people and women face wide- 9 spread discrimination in employment and various 10 services, including by entities that receive Federal fi- 11 nancial assistance. Such discrimination— 12 (A) is particularly troubling and inappro- 13 priate for programs and services funded wholly 14 or in part by the Federal Government; 15 (B) undermines national progress toward 16 equal treatment regardless of sex, sexual ori- 17 entation, or gender identity; and 18 (C) is inconsistent with the constitutional 19 principle of equal protection under the Four- 20 teenth Amendment to the Constitution of the 21 United States. 22 (9) Federal courts have widely recognized that, 23 in enacting the Civil Rights Act of 1964, Congress 24 validly invoked its powers under the Fourteenth 25 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 788 IS Amendment to provide a full range of remedies in 1 response to persistent, widespread, and pervasive 2 discrimination by both private and government ac- 3 tors. 4 (10) Discrimination by State and local govern- 5 ments on the basis of sexual orientation or gender 6 identity in employment, housing, and public accom- 7 modations, and in programs and activities receiving 8 Federal financial assistance, violates the Equal Pro- 9 tection Clause of the Fourteenth Amendment to the 10 Constitution of the United States. In many cir- 11 cumstances, such discrimination also violates other 12 constitutional rights such as those of liberty and pri- 13 vacy under the due process clause of the Fourteenth 14 Amendment. 15 (11) Individuals who are LGBTQ, or are per- 16 ceived to be LGBTQ, have been subjected to a his- 17 tory and pattern of persistent, widespread, and per- 18 vasive discrimination on the bases of sexual orienta- 19 tion and gender identity by both private sector and 20 Federal, State, and local government actors, includ- 21 ing in employment, housing, and public accommoda- 22 tions, and in programs and activities receiving Fed- 23 eral financial assistance. An explicit and comprehen- 24 sive national solution is needed to address such dis- 25 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 788 IS crimination, which has sometimes resulted in vio- 1 lence or death, including the full range of remedies 2 available 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 has cre- 16 ated uncertainty for employers and other entities 17 covered by Federal nondiscrimination laws and 18 caused unnecessary hardships for LGBTQ individ- 19 uals. 20 (14) LGBTQ people often face discrimination 21 when seeking to rent or purchase housing, as well as 22 in every other aspect of obtaining and maintaining 23 housing. LGBTQ people in same-sex relationships 24 are often discriminated against when two names as- 25 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 788 IS sociated with one gender appear on a housing appli- 1 cation, and transgender people often encounter dis- 2 crimination when credit checks or inquiries reveal a 3 former name. 4 (15) National surveys, including a study com- 5 missioned by the Department of Housing and Urban 6 Development, show that housing discrimination 7 against LGBTQ people is very prevalent. For in- 8 stance, when same-sex couples inquire about housing 9 that is available for rent, they are less likely to re- 10 ceive positive responses from landlords. A national 11 matched-pair testing investigation found that nearly 12 one-half of same-sex couples face adverse, differen- 13 tial treatment when seeking elder housing. Accord- 14 ing to other studies, transgender people have half 15 the homeownership rate of non-transgender people 16 and about 1 in 5 transgender people experience 17 homelessness. 18 (16) As a result of the absence of explicit prohi- 19 bitions against discrimination on the basis of sexual 20 orientation and gender identity, credit applicants 21 who are LGBTQ, or perceived to be LGBTQ, have 22 unequal opportunities to establish credit. LGBTQ 23 people can experience being denied a mortgage, cred- 24 it card, student loan, or many other types of credit 25 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 788 IS simply because of their sexual orientation or gender 1 identity. 2 (17) Numerous studies demonstrate that 3 LGBTQ people, especially transgender people and 4 women, are economically disadvantaged and at a 5 higher risk for poverty compared with other groups 6 of people. For example, older women in same-sex 7 couples have twice the poverty rate of older dif- 8 ferent-sex couples. 9 (18) The right to an impartial jury of one’s 10 peers and the reciprocal right to jury service are 11 fundamental to the free and democratic system of 12 justice in the United States and are based in the 13 Bill of Rights. There is, however, an unfortunate 14 and long-documented history in the United States of 15 attorneys discriminating against LGBTQ individ- 16 uals, or those perceived to be LGBTQ, in jury selec- 17 tion. Failure to bar peremptory challenges based on 18 the actual or perceived sexual orientation or gender 19 identity of an individual not only erodes a funda- 20 mental right, duty, and obligation of being a citizen 21 of the United States, but also unfairly creates a sec- 22 ond class of citizenship for LGBTQ victims, wit- 23 nesses, plaintiffs, and defendants. 24 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 788 IS (19) Numerous studies document the shortage 1 of qualified and available homes for the 437,000 2 youth in the child welfare system and the negative 3 outcomes for the many youth who live in group care 4 as opposed to a loving home or who age out without 5 a permanent family. Although same-sex couples are 6 7 times more likely to foster or adopt than their dif- 7 ferent-sex counterparts, many child placing agencies 8 refuse to serve same-sex couples and LGBTQ indi- 9 viduals. This has resulted in a reduction of the pool 10 of qualified and available homes for youth in the 11 child welfare system who need placement on a tem- 12 porary or permanent basis. Barring discrimination 13 in foster care and adoption will increase the number 14 of homes available to foster children waiting for fos- 15 ter and adoptive families. 16 (20) LGBTQ youth are overrepresented in the 17 foster care system by at least a factor of two and 18 report twice the rate of poor treatment while in care 19 compared to their non-LGBTQ counterparts. 20 LGBTQ youth in foster care have a higher average 21 number of placements, higher likelihood of living in 22 a group home, and higher rates of hospitalization for 23 emotional reasons and juvenile justice involvement 24 than their non-LGBTQ peers because of the high 25 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 788 IS level of bias and discrimination that they face and 1 the difficulty of finding affirming foster placements. 2 Further, due to their physical distance from friends 3 and family, traumatic experiences, and potentially 4 unstable living situations, many youth involved with 5 child welfare are at risk for being targeted by traf- 6 fickers seeking to exploit children. Barring discrimi- 7 nation in child welfare services will ensure improved 8 treatment and outcomes for LGBTQ foster children. 9 (b) PURPOSE.—It is the purpose of this Act to ex- 10 pand as well as clarify, confirm and create greater consist- 11 ency in the protections and remedies against discrimina- 12 tion on the basis of all covered characteristics and to pro- 13 vide guidance and notice to individuals, organizations, cor- 14 porations, and agencies regarding their obligations under 15 the law. 16 SEC. 3. PUBLIC ACCOMMODATIONS. 17 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA- 18 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 19 Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended— 20 (1) in subsection (a), by inserting ‘‘sex (includ- 21 ing sexual orientation and gender identity),’’ before 22 ‘‘or national origin’’; and 23 (2) in subsection (b)— 24 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 788 IS (A) in paragraph (3), by striking ‘‘sta- 1 dium’’ and all that follows and inserting ‘‘sta- 2 dium or other place of or establishment that 3 provides exhibition, entertainment, recreation, 4 exercise, amusement, public gathering, or public 5 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 (including sexual 24 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 788 IS orientation and gender identity),’’ before ‘‘or national ori- 1 gin’’. 2 (c) RULE OF CONSTRUCTION.—Title II of such Act 3 (42 U.S.C. 2000a et seq.) is amended by adding at the 4 end the following: 5 ‘‘SEC. 208. RULE OF CONSTRUCTION. 6 ‘‘A reference in this title to an establishment— 7 ‘‘(1) shall be construed to include an individual 8 whose operations affect commerce and who is a pro- 9 vider of a good, service, or program; and 10 ‘‘(2) shall not be construed to be limited to a 11 physical facility or place.’’. 12 SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. 13 Section 301(a) of the Civil Rights Act of 1964 (42 14 U.S.C. 2000b(a)) is amended by inserting ‘‘sex (including 15 sexual orientation and gender identity),’’ before ‘‘or na- 16 tional origin’’. 17 SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. 18 (a) DEFINITIONS.—Section 401(b) of the Civil Rights 19 Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting 20 ‘‘(including sexual orientation and gender identity),’’ be- 21 fore ‘‘or national origin’’. 22 (b) CIVIL ACTIONS BY THE ATTORNEY GENERAL.— 23 Section 407 of such Act (42 U.S.C. 2000c–6) is amended, 24 in subsection (a)(2), by inserting ‘‘(including sexual ori- 25 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 788 IS entation and gender identity),’’ before ‘‘or national ori- 1 gin’’. 2 (c) CLASSIFICATION AND ASSIGNMENT.—Section 410 3 of such Act (42 U.S.C. 2000c–9) is amended by inserting 4 ‘‘(including sexual orientation and gender identity),’’ be- 5 fore ‘‘or national origin’’. 6 SEC. 6. FEDERAL FUNDING. 7 Section 601 of the Civil Rights Act of 1964 (42 8 U.S.C. 2000d) is amended by inserting ‘‘sex (including 9 sexual orientation and gender identity),’’ before ‘‘or na- 10 tional origin,’’. 11 SEC. 7. EMPLOYMENT. 12 (a) RULES OF CONSTRUCTION.—Title VII of the 13 Civil Rights Act of 1964 is amended by inserting after 14 section 701 (42 U.S.C. 2000e) the following: 15 ‘‘SEC. 701A. RULES OF CONSTRUCTION. 16 ‘‘Section 1106 shall apply to this title except that for 17 purposes of that application, a reference in that section 18 to an ‘unlawful practice’ shall be considered to be a ref- 19 erence to an ‘unlawful employment practice’.’’. 20 (b) UNLAWFUL EMPLOYMENT PRACTICES.—Section 21 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 22 2) is amended— 23 VerDate Sep 11 2014 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 14 •S 788 IS (1) in the section header, by striking ‘‘SEX,’’ 1 and inserting ‘‘SEX (INCLUDING SEXUAL ORIENTA- 2 TION AND GENDER IDENTITY),’’; 3 (2) except in subsection (e), by striking ‘‘sex,’’ 4 each place it appears and inserting ‘‘sex (including 5 sexual orientation and gender identity),’’; 6 (3) in subsection (e)(1), by striking ‘‘enter- 7 prise,’’ and inserting ‘‘enterprise, if, in a situation in 8 which sex is a bona fide occupational qualification, 9 individuals are recognized as qualified in accordance 10 with their gender identity,’’; and 11 (4) in subsection (h), by striking ‘‘sex’’ the sec- 12 ond place it appears and inserting ‘‘sex (including 13 sexual orientation and 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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 15 •S 788 IS (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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 16 •S 788 IS ‘‘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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 17 •S 788 IS 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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 18 •S 788 IS 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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 19 •S 788 IS ‘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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 20 •S 788 IS ‘‘(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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 21 •S 788 IS ‘‘(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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 22 •S 788 IS ‘‘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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 23 •S 788 IS 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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 24 •S 788 IS 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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 25 •S 788 IS 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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 26 •S 788 IS 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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 27 •S 788 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’ (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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS 28 •S 788 IS (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 23:59 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6301 E:\BILLS\S788.IS S788 pamtmann on DSKBFK8HB2PROD with BILLS