Customer Non-Discrimination Act
This bill prohibits discrimination based on sex, sexual orientation, and gender identity with respect to public accommodations and facilities. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation.
The bill expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services.
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 also prohibits the provision of less favorable treatment with respect to pregnancy, childbirth or related medical conditions as compared to other physical conditions.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4393 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4393
To prohibit discrimination in public accommodations on the basis of
sex, gender identity, and sexual orientation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2023
Mrs. Watson Coleman (for herself, Mr. Carson, Mr. Pocan, Ms. Norton,
Mrs. Beatty, Ms. Tokuda, Ms. Lee of California, Ms. Williams of
Georgia, Mr. Grijalva, Mr. Espaillat, Mr. Johnson of Georgia, and Mr.
Carter of Louisiana) introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit discrimination in public accommodations 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 ``Customer Non-Discrimination Act''.
SEC. 2. 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 (including sexual
orientation and 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 (including sexual orientation and gender identity),'' before ``or
national origin''.
(c) Definitions and Rules 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. DEFINITIONS AND RULES.
``(a) Definitions.--
``(1) Race; color; religion; sex; sexual orientation;
gender identity; national origin.--The term `race', `color',
`religion', `sex (including sexual orientation and gender
identity)', or `national origin', used with respect to an
individual, includes--
``(A) the race, color, religion, sex (including
sexual orientation and 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 (including
sexual orientation and 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;
``(C) sexual orientation or gender identity; and
``(D) sex characteristics, including intersex
traits.
``(5) Sexual orientation.--The term `sexual orientation'
means homosexuality, heterosexuality, or bisexuality.
``(b) Rules.--In this title--
``(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.
``SEC. 209. RULES OF CONSTRUCTION.
``(a) Claims and Remedies Not Precluded.--Nothing in this 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 (including sexual orientation and 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 the Federal law amended by the Customer Non-Discrimination
Act, regulation, or policy.
``(b) No Negative Inference.--Nothing in this 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.
``(c) Scope of an Establishment.--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. 210. 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 this title or provide a basis for challenging the application or
enforcement of this title.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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