Equality Act
This bill amends the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation in places of public accommodation.
The bill defines:
The bill expands the categories of public accommodations to include places or establishments that provide:
The bill prohibits "establishment" from being construed to be limited to a physical facility or place.
The Department of Justice (DOJ) may bring a civil action if it receives a complaint from an individual who claims to be:
The bill revises public school desegregation standards to provide for the assignment of students without regard to sexual orientation or gender identity.
The bill prohibits programs or activities receiving federal financial assistance from denying benefits to, or discriminating against, persons based on sex, sexual orientation, or gender identity.
The bill prohibits employers with 15 or more employees from discriminating based on sexual orientation or gender identity, subject to the same exceptions and conditions that currently apply to unlawful employment practices based on race, color, religion, sex, or national origin. Employers must recognize individuals in accordance with their gender identity if sex is a bona fide occupational qualification that is reasonably necessary to the normal operation of that particular business or enterprise.
The bill provides government employees with protections against discrimination based on sexual orientation or gender identity.
DOJ may intervene in equal protection actions in federal court on account of sexual orientation or gender identity.
Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin shall include protections against discrimination based on: (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections.
The bill prohibits an individual from being denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity.
The bill amends Fair Housing Act, the Equal Credit Opportunity Act, and jury selection standards to add sexual orientation and gender identity as classes protected against discrimination under such laws.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2282 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2282
To prohibit discrimination on the basis of sex, gender identity, and
sexual orientation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2017
Mr. Cicilline (for himself, Mrs. Bustos, Ms. Brownley of California,
Mr. Sean Patrick Maloney of New York, Mr. Cartwright, Mr. Crowley, Ms.
Frankel of Florida, Mr. Correa, Mr. Evans, Mr. Blumenauer, Ms.
Wasserman Schultz, Mr. Beyer, Ms. Blunt Rochester, Mr. Ryan of Ohio,
Mr. Brendan F. Boyle of Pennsylvania, Mr. Scott of Virginia, Mr.
Peters, Mrs. Lawrence, Mrs. Davis of California, Mr. Gallego, Mr.
Castro of Texas, Mr. Aguilar, Mr. Foster, Mr. Himes, Mr. Levin, Mrs.
Murphy of Florida, Ms. Kelly of Illinois, Ms. Meng, Mr. Ruiz, Ms.
Barragan, Mr. O'Rourke, Mr. Lawson of Florida, Ms. Lofgren, Mr.
Huffman, Mr. Moulton, Mr. Perlmutter, Mr. Capuano, Ms. Clark of
Massachusetts, Mr. Pocan, Mr. Soto, Mr. Bera, Mr. Schneider, Ms.
Gabbard, Mr. Larson of Connecticut, Mr. Kind, Mr. Brown of Maryland,
Mr. Takano, Miss Rice of New York, Mr. Cardenas, Mr. Grijalva, Mr.
Veasey, Mr. Kilmer, Mr. Loebsack, Ms. Shea-Porter, Mr. Norcross, Mrs.
Watson Coleman, Mr. Cooper, Mr. Vargas, Mr. Jeffries, Mrs. Napolitano,
Mr. Espaillat, Mr. Delaney, Mr. Hoyer, Mrs. Torres, Ms. Tsongas, Ms.
Sinema, Mr. Polis, Mr. Gonzalez of Texas, Mr. DeSaulnier, Mrs. Dingell,
Mr. Lowenthal, Mr. O'Halleran, Mr. Swalwell of California, Mr. Yarmuth,
Mr. Payne, Mrs. Beatty, Ms. Kuster of New Hampshire, Mr. Carbajal, Mr.
Gottheimer, Ms. Michelle Lujan Grisham of New Mexico, Ms. Esty of
Connecticut, Ms. Adams, Mr. David Scott of Georgia, Mr. Suozzi, Mr.
Kildee, Mr. Panetta, Mr. Thompson of California, Ms. Pelosi, Mr. Ted
Lieu of California, Mr. Pallone, Mrs. Demings, Mr. Michael F. Doyle of
Pennsylvania, Ms. Eshoo, Mr. Kihuen, Mr. McEachin, Ms. Jayapal, Mr.
Neal, Mr. Lewis of Georgia, Ms. Rosen, Ms. Hanabusa, Mr. Heck, Mr.
Crist, Mr. Raskin, Mr. Kennedy, Mr. Vela, Mr. Brady of Pennsylvania,
Ms. Castor of Florida, Ms. Clarke of New York, Mr. Langevin, Mr.
Butterfield, Mr. Costa, Ms. Roybal-Allard, Mr. Price of North Carolina,
Mr. Nadler, Ms. DeGette, Mr. Larsen of Washington, Mr. DeFazio, Mr.
Carson of Indiana, Ms. Norton, Mr. Danny K. Davis of Illinois, Ms.
Pingree, Mr. Cummings, Mr. Sherman, Ms. Kaptur, Ms. Jackson Lee, Mr.
Rush, Ms. Sewell of Alabama, Mr. Peterson, Ms. Ros-Lehtinen, Ms. Maxine
Waters of California, Mr. Ben Ray Lujan of New Mexico, Mr. Meeks, Mr.
Connolly, Mr. Johnson of Georgia, Ms. Bass, Ms. Moore, Ms. McCollum,
Mr. Ellison, Mr. Smith of Washington, Mr. McNerney, Ms. Lee, Mr. Lynch,
Ms. Velazquez, Mr. Welch, Mr. Doggett, Mrs. Carolyn B. Maloney of New
York, Ms. Matsui, Mr. Walz, Mr. Visclosky, Ms. Sanchez, Mr. Cleaver,
Mr. Sires, Mr. Al Green of Texas, Mr. Courtney, Mr. Keating, Mr.
Hastings, Mr. Serrano, Mrs. Lowey, Mr. Nolan, Ms. Schakowsky, Mr.
Pascrell, Mr. Schiff, Mr. Cohen, Mr. Bishop of Georgia, Mr. Gutierrez,
Mr. Sablan, Ms. DeLauro, Mr. Ruppersberger, Ms. Judy Chu of California,
Mr. Conyers, Mr. Clay, Mr. Schrader, Mr. Garamendi, Ms. Bordallo, Ms.
DelBene, Mr. Sarbanes, Ms. Wilson of Florida, Mr. Deutch, Mr. Quigley,
Mr. Higgins of New York, Mr. Engel, Mr. Tonko, Ms. Titus, Ms. Speier,
Mr. Thompson of Mississippi, Ms. Eddie Bernice Johnson of Texas, Ms.
Slaughter, Mr. Gene Green of Texas, Mr. Clyburn, Mr. Cuellar, Ms.
Bonamici, Mr. Khanna, Mr. Krishnamoorthi, Ms. Plaskett, and Mr.
Richmond) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Education and the Workforce, Financial Services, Oversight and
Government Reform, and House Administration, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equality Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Discrimination can occur on the basis of the sex,
sexual orientation, gender identity, or pregnancy, childbirth,
or a related medical condition of an individual, as well as
because of sex-based stereotypes. Each of these factors alone
can serve as the basis for discrimination, and each is a form
of sex discrimination.
(2) A single instance of discrimination may have more than
one basis. For example, discrimination against a married same-
sex couple could be based on the sex stereotype that marriage
should only be between heterosexual couples, the sexual
orientation of the two individuals in the couple, or both.
Discrimination against a pregnant lesbian could be based on her
sex, her sexual orientation, her pregnancy, or on the basis of
multiple factors.
(3) Lesbian, gay, bisexual, and transgender (referred to as
``LGBT'') people commonly experience discrimination in securing
access to public accommodations--including restaurants, stores,
places of or establishments that provide entertainment, and
transportation. Forms of discrimination include the exclusion
and denial of entry, unequal or unfair treatment, harassment,
and violence. This discrimination prevents the full
participation of LGBT people in society and disrupts the free
flow of commerce.
(4) Women also face discrimination, in establishments such
as stores and restaurants, and places or establishments that
provide other goods or services, such as entertainment or
transportation, including sexual harassment, differential
pricing, and denial of services because they are pregnant or
breastfeeding.
(5) Regular and ongoing discrimination against LGBT people,
as well as women, in accessing public accommodations
contributes to negative social and economic outcomes.
(6) The discredited practice known as ``conversion
therapy'' is a form of discrimination that harms LGBT people by
undermining individuals sense of self worth, increasing suicide
ideation and substance abuse, exacerbating family conflict, and
contributing to second class status.
(7) Both LGBT people and women face widespread
discrimination in employment and various services, including by
entities that receive Federal financial assistance. Such
discrimination--
(A) is particularly troubling and inappropriate for
programs and services funded wholly or in part by the
Federal Government;
(B) undermines national progress toward equal
treatment regardless of sex, sexual orientation, or
gender identity; and
(C) is inconsistent with the constitutional
principle of equal protection under the Fourteenth
Amendment of the Constitution of the United States.
(8) Workers who are LGBT, or are perceived to be LGBT, have
been subjected to a history and pattern of persistent,
widespread, and pervasive discrimination on the bases of sexual
orientation and gender identity by private sector employers and
Federal, State, and local government employers.
(9) Numerous provisions of Federal law expressly prohibit
discrimination on the basis of sex, and Federal agencies and
courts have correctly interpreted these prohibitions on sex
discrimination to include discrimination based on sexual
orientation, gender identity, and sex stereotypes. In
particular, the Equal Employment Opportunity Commission
correctly interpreted title VII of the Civil Rights Act of 1964
in Macy v. Holder, Baldwin v. Foxx, and Lusardi v. McHugh.
(10) The absence of explicit prohibitions of discrimination
on the basis of sexual orientation and gender identity under
Federal statutory law, as well as the existence of legislative
proposals that would have provided such explicit prohibitions,
has led some courts to conclude incorrectly that current
Federal laws prohibiting sex discrimination do not prohibit
discrimination on the basis of sexual orientation and gender
identity. It has also created uncertainty for employers and
other entities covered by Federal nondiscrimination laws and
caused unnecessary hardships for LGBT individuals.
(11) LGBT people often face discrimination when seeking to
rent or purchase housing, as well as in every other aspect of
obtaining and maintaining housing. LGBT people in same-sex
relationships are often discriminated against when two names
associated with one gender appear on a housing application, and
transgender people often encounter discrimination when credit
checks or inquiries reveal a former name.
(12) National surveys, including a study commissioned by
the Department of Housing and Urban Development, show that
housing discrimination against LGBT people is very prevalent.
For instance, when same-sex couples inquire about housing that
is available for rent, they are less likely to receive positive
responses from landlords. According to other studies,
transgender people have half the homeownership rate of non-
transgender people and about 1 in 5 transgender people
experience homelessness.
(13) As a result of the absence of explicit prohibitions
against discrimination on the basis of sexual orientation and
gender identity, credit applicants who are LGBT, or perceived
to be LGBT, have unequal opportunities to establish credit.
LGBT people can experience being denied a mortgage, credit
card, student loan, or many other types of credit simply
because of their sexual orientation or gender identity.
(14) Numerous studies demonstrate that LGBT people,
especially transgender people and women, are economically
disadvantaged and at a higher risk for poverty compared with
other groups of people.
(15) The right to an impartial jury of one's peers and the
reciprocal right to jury service are fundamental to the free
and democratic system of justice in the United States and are
based in the Bill of Rights. There is, however, an unfortunate
and long-documented history in the United States of attorneys
discriminating against LGBT individuals, or those perceived to
be LGBT, in jury selection. Failure to bar peremptory
challenges based on the actual or perceived sexual orientation
or gender identity of an individual not only erodes a
fundamental right, duty, and obligation of being a citizen of
the United States, but also unfairly creates a second class of
citizenship for LGBT victims, witnesses, plaintiffs, and
defendants.
(b) Purpose.--It is the purpose of this Act to expand as well as
clarify, confirm and create greater consistency in the protections
against discrimination on the basis of all covered characteristics and
to provide guidance and notice to individuals, organizations,
corporations, and agencies regarding their obligations under the law.
SEC. 3. PUBLIC ACCOMMODATIONS.
(a) Prohibition on Discrimination or Segregation in Public
Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C.
2000a) is amended--
(1) in subsection (a), by inserting ``sex, sexual
orientation, gender identity,'' before ``or national origin'';
and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``stadium'' and
all that follows and inserting ``stadium or other place
of or establishment that provides exhibition,
entertainment, recreation, exercise, amusement,
gathering, or display;'';
(B) by redesignating paragraph (4) as paragraph
(6); and
(C) by inserting after paragraph (3) the following:
``(4) any establishment that provides a good, service, or
program, including a store, shopping center, online retailer or
service provider, salon, bank, gas station, food bank, service
or care center, shelter, travel agency, or funeral parlor, or
establishment that provides health care, accounting, or legal
services;
``(5) any train service, bus service, car service, taxi
service, airline service, station, depot, or other place of or
establishment that provides transportation service; and''.
(b) Prohibition on Discrimination or Segregation Under Law.--
Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting
``sex, sexual orientation, gender identity,'' before ``or national
origin''.
(c) Rule of Construction.--Title II of such Act (42 U.S.C. 2000a et
seq.) is amended by adding at the end the following:
``SEC. 208. RULE OF CONSTRUCTION.
``A reference in this title to an establishment--
``(1) shall be construed to include an individual whose
operations affect commerce and who is a provider of a good,
service, or program; and
``(2) shall not be construed to be limited to a physical
facility or place.''.
SEC. 4. DESEGREGATION OF PUBLIC FACILITIES.
Section 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000b(a))
is amended by inserting ``sex, sexual orientation, gender identity,''
before ``or national origin''.
SEC. 5. DESEGREGATION OF PUBLIC EDUCATION.
(a) Definitions.--Section 401(b) of the Civil Rights Act of 1964
(42 U.S.C. 2000c(b)) is amended by inserting ``, sexual orientation,
gender identity,'' before ``or national origin''.
(b) Civil Actions by the Attorney General.--Section 407 of such Act
(42 U.S.C. 2000c-6) is amended, in subsection (a)(2), by inserting ``,
sexual orientation, gender identity,'' before ``or national origin''.
(c) Classification and Assignment.--Section 410 of such Act (42
U.S.C. 2000c-9) is amended by inserting ``, sexual orientation, gender
identity,'' before ``or national origin''.
SEC. 6. FEDERAL FUNDING.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is
amended by inserting ``sex, sexual orientation, gender identity,''
before ``or national origin,''.
SEC. 7. EMPLOYMENT.
(a) Rules of Construction.--Title VII of the Civil Rights Act of
1964 is amended by inserting after section 701 (42 U.S.C. 2000e) the
following:
``SEC. 701A. RULES OF CONSTRUCTION.
``Section 1106 shall apply to this title except that for purposes
of that application, a reference in that section to an `unlawful
practice' shall be considered to be a reference to an `unlawful
employment practice'.''.
(b) Unlawful Employment Practices.--Section 703 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-2) is amended--
(1) in the section header, by striking ``sex,'' and
inserting ``sex, sexual orientation, gender identity,'';
(2) except in subsection (e), by striking ``sex,'' each
place it appears and inserting ``sex, sexual orientation,
gender identity,'';
(3) in subsection (e)(1), by striking ``enterprise,'' and
inserting ``enterprise, if, in a situation in which sex is a
bona fide occupational qualification, individuals are
recognized as qualified in accordance with their gender
identity,''; and
(4) in subsection (h), by striking ``sex'' the second place
it appears and inserting ``sex, sexual orientation, gender
identity,''.
(c) Other Unlawful Employment Practices.--Section 704(b) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-3(b)) is amended--
(1) by striking ``sex,'' the first place it appears and
inserting ``sex, sexual orientation, gender identity,''; and
(2) by striking ``employment.'' and inserting ``employment,
if, in a situation in which sex is a bona fide occupational
qualification, individuals are recognized as qualified in
accordance with their gender identity.''.
(d) Claims.--Section 706(g)(2)(A) of the Civil Rights Act of 1964
(2000e-5(g)(2)(A)) is amended by striking ``sex,'' and inserting ``sex,
sexual orientation, gender identity,''.
(e) Employment by Federal Government.--Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended--
(1) in subsection (a), by striking ``sex,'' and inserting
``sex, sexual orientation, gender identity,''; and
(2) in subsection (c), by striking ``sex'' and inserting
``sex, sexual orientation, gender identity,''.
(f) Government Employee Rights Act of 1991.--The Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) is amended--
(1) in section 301(b), by striking ``sex,'' and inserting
``sex, sexual orientation, gender identity,'';
(2) in section 302(a)(1), by striking ``sex,'' and
inserting ``sex, sexual orientation, gender identity,''; and
(3) by adding at the end the following:
``SEC. 305. RULES OF CONSTRUCTION AND CLAIMS.
``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964
shall apply to this title except that for purposes of that application,
a reference in that section 1106 to `race, color, religion, sex, sexual
orientation, gender identity, or national origin' shall be considered
to be a reference to `race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability'.''.
(g) Congressional Accountability Act of 1995.--The Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended--
(1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by inserting
``sexual orientation, gender identity,'' before ``or national
origin,''; and
(2) by adding at the end of title II (42 U.S.C. 1311 et
seq.) the following:
``SEC. 208. RULES OF CONSTRUCTION AND CLAIMS.
``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964
shall apply to section 201 (and remedial provisions of this Act related
to section 201) except that for purposes of that application, a
reference in that section 1106 to `race, color, religion, sex, sexual
orientation, gender identity, or national origin' shall be considered
to be a reference to `race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability'.''.
(h) Civil Service Reform Act of 1978.--Chapter 23 of title 5,
United States Code, is amended--
(1) in section 2301(b)(2), by striking ``sex,'' and
inserting ``sex, sexual orientation, gender identity,'';
(2) in section 2302--
(A) in subsection (b)(1)(A), by inserting ``sexual
orientation, gender identity,'' before ``or national
origin,''; and
(B) in subsection (d)(1), by inserting ``sexual
orientation, gender identity,'' before ``or national
origin;''; and
(3) by adding at the end the following:
``SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS.
``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964
shall apply to this chapter (and remedial provisions of this title
related to this chapter) except that for purposes of that application,
a reference in that section 1106 to `race, color, religion, sex, sexual
orientation, gender identity, or national origin' shall be considered
to be a reference to `race, color, religion, sex, sexual orientation,
gender identity, national origin, age, a handicapping condition,
marital status, or political affiliation'.''.
SEC. 8. INTERVENTION.
Section 902 of the Civil Rights Act of 1964 (42 U.S.C. 2000h-2) is
amended by inserting ``, sexual orientation, gender identity,'' before
``or national origin,''.
SEC. 9. MISCELLANEOUS.
Title XI of the Civil Rights Act of 1964 is amended--
(1) by redesignating sections 1101 through 1104 (42 U.S.C.
2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h-5,
2000h-6) as sections 1102 through 1105 and sections 1108 and
1109, respectively;
(2) by inserting after the title heading the following:
``SEC. 1101. DEFINITIONS AND RULES.
``(a) Definitions.--In titles II, III, IV, VI, VII, and IX
(referred to individually in sections 1106 and 1107 as a `covered
title'):
``(1) Race; color; religion; sex; sexual orientation;
gender identity; national origin.--The term `race', `color',
`religion', `sex', `sexual orientation', `gender identity', or
`national origin', used with respect to an individual,
includes--
``(A) the race, color, religion, sex, sexual
orientation, gender identity, or national origin,
respectively, of another person with whom the
individual is associated or has been associated; and
``(B) a perception or belief, even if inaccurate,
concerning the race, color, religion, sex, sexual
orientation, gender identity, or national origin,
respectively, of the individual.
``(2) Gender identity.--The term `gender identity' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
``(3) Including.--The term `including' means including, but
not limited to, consistent with the term's standard meaning in
Federal law.
``(4) Sex.--The term `sex' includes--
``(A) a sex stereotype;
``(B) pregnancy, childbirth, or a related medical
condition; and
``(C) sexual orientation or gender identity.
``(5) Sexual orientation.--The term `sexual orientation'
means homosexuality, heterosexuality, or bisexuality.
``(b) Rules.--In a covered title referred to in subsection (a)--
``(1) (with respect to sex) pregnancy, childbirth, or a
related medical condition shall not receive less favorable
treatment than other physical conditions; and
``(2) (with respect to gender identity) an individual shall
not be denied access to a shared facility, including a
restroom, a locker room, and a dressing room, that is in
accordance with the individual's gender identity.''; and
(3) by inserting after section 1105 the following:
``SEC. 1106. RULES OF CONSTRUCTION.
``(a) Sex.--Nothing in section 1101 or the provisions of a covered
title incorporating a term defined or a rule specified in that section
shall be construed--
``(1) to limit the protection against an unlawful practice
on the basis of pregnancy, childbirth, or a related medical
condition provided by section 701(k); or
``(2) to limit the protection against an unlawful practice
on the basis of sex available under any provision of Federal
law other than that covered title, prohibiting a practice on
the basis of sex.
``(b) Claims and Remedies Not Precluded.--Nothing in section 1101
or a covered title shall be construed to limit the claims or remedies
available to any individual for an unlawful practice on the basis of
race, color, religion, sex, sexual orientation, gender identity, or
national origin including claims brought pursuant to section 1979 or
1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law,
including a Federal law amended by the Equality Act, regulation, or
policy.
``(c) No Negative Inference.--Nothing in section 1101 or a covered
title shall be construed to support any inference that any Federal law
prohibiting a practice on the basis of sex does not prohibit
discrimination on the basis of pregnancy, childbirth, or a related
medical condition, sexual orientation, gender identity, or a sex
stereotype.
``SEC. 1107. CLAIMS.
``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb
et seq.) shall not provide a claim concerning, or a defense to a claim
under, a covered title, or provide a basis for challenging the
application or enforcement of a covered title.''.
SEC. 10. HOUSING.
(a) Fair Housing Act.--The Fair Housing Act (42 U.S.C. 3601 et
seq.) is amended--
(1) in section 802, by adding at the end the following:
``(p) `Gender identity', `sex', and `sexual orientation' have the
meanings given those terms in section 1101(a) of the Civil Rights Act
of 1964.
``(q) `Race', `color', `religion', `sex', `sexual orientation',
`gender identity', `handicap', `familial status', or `national origin',
used with respect to an individual, includes--
``(1) the race, color, religion, sex, sexual orientation,
gender identity, handicap, familial status, or national origin,
respectively, of another person with whom the individual is
associated or has been associated; and
``(2) a perception or belief, even if inaccurate,
concerning the race, color, religion, sex, sexual orientation,
gender identity, handicap, familial status, or national origin,
respectively, of the individual.'';
(2) in section 804, by inserting ``sexual orientation,
gender identity,'' after ``sex,'' each place that term appears;
(3) in section 805, by inserting ``sexual orientation,
gender identity,'' after ``sex,'' each place that term appears;
(4) in section 806, by inserting ``sexual orientation,
gender identity,'' after ``sex,'';
(5) in section 808(e)(6), by inserting ``sexual
orientation, gender identity,'' after ``sex,''; and
(6) by adding at the end the following:
``SEC. 821. RULES OF CONSTRUCTION.
``Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall
apply to this title and section 901, except that for purposes of that
application, a reference in that section 1101(b) or 1106 to a `covered
title' shall be considered a reference to `this title and section 901'.
``SEC. 822. CLAIMS.
``Section 1107 of the Civil Rights Act of 1964 shall apply to this
title and section 901, except that for purposes of that application, a
reference in that section 1107 to a `covered title' shall be considered
a reference to `this title and section 901'.''.
(b) Prevention of Intimidation in Fair Housing Cases.--Section 901
of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by
inserting ``sexual orientation (as such term is defined in section 802
of this Act), gender identity (as such term is defined in section 802
of this Act),'' after ``sex,'' each place that term appears.
SEC. 11. EQUAL CREDIT OPPORTUNITY.
(a) Prohibited Discrimination.--Section 701(a)(1) of the Equal
Credit Opportunity Act (15 U.S.C. 1691(a)(1)) is amended by inserting
``sexual orientation, gender identity,'' after ``status,''.
(b) Definitions.--Section 702 of the Equal Credit Opportunity Act
(15 U.S.C. 1691a) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively;
(2) by inserting after subsection (e) the following:
``(f) The terms `gender identity', `sex', and `sexual orientation'
have the meanings given those terms in section 1101(a) of the Civil
Rights Act of 1964.
``(g) The term `race', `color', `religion', `national origin',
`sex', `sexual orientation', `gender identity', `marital status', or
`age', used with respect to an individual, includes--
``(1) the race, color, religion, national origin, sex,
sexual orientation, gender identity, marital status, or age,
respectively, of another person with whom the individual is
associated or has been associated; and
``(2) a perception or belief, even if inaccurate,
concerning the race, color, religion, national origin, sex,
sexual orientation, gender identity, marital status, or age,
respectively, of the individual.''; and
(3) by adding at the end the following:
``(j) Sections 1101(b) and 1106 of the Civil Rights Act of 1964
shall apply to this title, except that for purposes of that
application--
``(1) a reference in those sections to a `covered title'
shall be considered a reference to `this title'; and
``(2) paragraph (1) of such section 1101(b) shall apply
with respect to all aspects of a credit transaction.''.
(c) Relation to State Laws.--Section 705(a) of the Equal Credit
Opportunity Act (15 U.S.C. 1691d(a)) is amended by inserting ``, sexual
orientation, gender identity,'' after ``sex''.
(d) Civil Liability.--Section 706 of the Equal Credit Opportunity
Act (15 U.S.C. 1691e) is amended by adding at the end the following:
``(l) Section 1107 of the Civil Rights Act of 1964 shall apply to
this title, except that for purposes of that application, a reference
in that section to a `covered title' shall be considered a reference to
`this title'.''.
SEC. 12. JURIES.
(a) In General.--Chapter 121 of title 28, United States Code, is
amended--
(1) in section 1862, by inserting ``sexual orientation,
gender identity,'' after ``sex,'';
(2) in section 1867(e), in the second sentence, by
inserting ``sexual orientation, gender identity,'' after
``sex,'';
(3) in section 1869--
(A) in subsection (j), by striking ``and'' at the
end;
(B) in subsection (k), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(l) `gender identity', `sex', and `sexual orientation' have the
meanings given such terms under section 1101(a) of the Civil Rights Act
of 1964; and
``(m) `race', `color', `religion', `sex', `sexual orientation',
`gender identity', `economic status', or `national origin', used with
respect to an individual, includes--
``(1) the race, color, religion, sex, sexual orientation,
gender identity, economic status, or national origin,
respectively, of another person with whom the individual is
associated or has been associated; and
``(2) a perception or belief, even if inaccurate,
concerning the race, color, religion, sex, sexual orientation,
gender identity, economic status, or national origin,
respectively, of the individual.''; and
(4) by adding at the end the following:
``Sec. 1879. Rules of construction and claims
``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964
shall apply to this chapter, except that for purposes of that
application, a reference in those sections to a `covered title' shall
be considered a reference to `this chapter'.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 121 of title 28, United States Code, is amended by adding at
the end the following:
``1879. Rules of construction and claims.''.
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Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on the Constitution and Civil Justice.