Restoring Biological Truth to the Workplace Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2037 Introduced in Senate (IS)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Biological Truth to the 
Workplace Act''.

SEC. 2. PROHIBITED UNLAWFUL EMPLOYMENT ACTION.

    Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is 
amended by adding at the end the following:
    ``(o)(1) It shall be an unlawful employment practice for an 
employer to take an action described in subsection (a) because an 
employee engages in covered expression, that describes, asserts, or 
reinforces the binary or biological nature of sex. For purposes of this 
paragraph, the term `covered expression' means expression, inside or 
outside of a workplace, through means including speech, writing, or a 
depiction, or owning or using an item that contains speech, writing, or 
a depiction, and includes the use of pronouns.
    ``(2) It shall be an unlawful employment practice for an employer 
to take an action described in subsection (a) because an employee 
requests or uses a single-sex area that is a bathroom, changing area, 
or other area where physical privacy is desirable.
    ``(3) It shall not be a defense to the use of a practice described 
in paragraph (1) or (2) that use of the practice is job related for the 
position in question or consistent with business necessity.''.

SEC. 3. PROHIBITED RETALIATION.

    Section 704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
3(a)) is amended by inserting ``, including an unlawful employment 
practice prohibited under section 703(o)''after ``by this title''.
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