Fair Pay for All Act of 2021

Fair Pay for All Act of 2021

This bill expands the statutory protection against wage discrimination based on sex to include discrimination based on an employee's gender identity, sexual orientation, sex characteristics, a sex stereotype, pregnancy, childbirth, or a related medical condition. It also revises the protection to incorporate nonbinary gender identities.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6085 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 6085

   To amend the Fair Labor Standards Act of 1938 to provide that sex 
    includes sexual orientation and gender identity, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 30, 2021

   Mr. Brown of Maryland (for himself, Mr. Higgins of New York, Mr. 
 Kildee, Mrs. Carolyn B. Maloney of New York, Mr. Moulton, Ms. Roybal-
    Allard, and Mr. Tonko) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
   To amend the Fair Labor Standards Act of 1938 to provide that sex 
    includes sexual orientation and gender identity, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Pay for All Act of 2021''.

SEC. 2. SEX TO INCLUDE SEXUAL ORIENTATION AND GENDER IDENTITY.

    (a) In General.--Section 3 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203) is amended by adding at the end the following:
    ``(t)(1) `Sex' includes--
            ``(A) a sex stereotype;
            ``(B) pregnancy, childbirth, or a related medical 
        condition;
            ``(C) sexual orientation or gender identity; and
            ``(D) sex characteristics, including intersex traits.
    ``(2) `Sexual orientation' includes homosexuality, heterosexuality, 
and bisexuality.
    ``(3) `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.''.
    (b) Sex-Based Discrimination.--Section 6(d)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by striking 
``opposite'' and inserting ``another''.
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