[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 5
To prohibit discrimination on the basis of sex, gender identity, and
sexual orientation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 21, 2023
Mr. Merkley (for himself, Ms. Baldwin, Mr. Booker, Mr. Bennet, Mr.
Blumenthal, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey,
Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein,
Mr. Fetterman, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Mr.
Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. King, Ms.
Klobuchar, Mr. Lujan, Mr. Markey, Mr. Menendez, Mr. Murphy, Mrs.
Murray, Mr. Ossoff, Mr. Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr.
Sanders, Mr. Schatz, Mr. Schumer, Mrs. Shaheen, Ms. Sinema, Ms. Smith,
Ms. Stabenow, Mr. Tester, Mr. Van Hollen, Mr. Warner, Mr. Warnock, Ms.
Warren, Mr. Welch, Mr. Whitehouse, and Mr. Wyden) introduced the
following bill; which was read twice and referred 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 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, 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. In
addition, some persons are subjected to discrimination based on
a combination or the intersection of multiple protected
characteristics. 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, transgender, and queer
(referred to as ``LGBTQ'') people commonly experience
discrimination in securing access to public accommodations--
including restaurants, senior centers, stores, places of or
establishments that provide entertainment, health care
facilities, shelters, government offices, youth service
providers including adoption and foster care providers, 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 LGBTQ people in society and disrupts the free
flow of commerce.
(4) Women also have faced discrimination in many
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 for substantially similar products and
services, and denial of services because they are pregnant or
breastfeeding.
(5) Many employers already and continue to take proactive
steps, beyond those required by some States and localities, to
ensure they are fostering positive and respectful cultures for
all employees. Many places of public accommodation also
recognize the economic imperative to offer goods and services
to as many consumers as possible.
(6) Regular and ongoing discrimination against LGBTQ
people, as well as women, in accessing public accommodations
contributes to negative social and economic outcomes, and in
the case of public accommodations operated by State and local
governments, abridges individuals' constitutional rights.
(7) The discredited practice known as ``conversion
therapy'' is a form of discrimination that harms LGBTQ people
by undermining individuals' sense of self worth, increasing
suicide ideation and substance abuse, exacerbating family
conflict, and contributing to second-class status.
(8) Both LGBTQ 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 to the Constitution of the United States.
(9) Federal courts have widely recognized that, in enacting
the Civil Rights Act of 1964, Congress validly invoked its
powers under the Fourteenth Amendment to provide a full range
of remedies in response to persistent, widespread, and
pervasive discrimination by both private and government actors.
(10) Discrimination by State and local governments on the
basis of sexual orientation or gender identity in employment,
housing, and public accommodations, and in programs and
activities receiving Federal financial assistance, violates the
Equal Protection Clause of the Fourteenth Amendment to the
Constitution of the United States. In many circumstances, such
discrimination also violates other constitutional rights such
as those of liberty and privacy under the due process clause of
the Fourteenth Amendment.
(11) Individuals who are LGBTQ, or are perceived to be
LGBTQ, have been subjected to a history and pattern of
persistent, widespread, and pervasive discrimination on the
bases of sexual orientation and gender identity by both private
sector and Federal, State, and local government actors,
including in employment, housing, and public accommodations,
and in programs and activities receiving Federal financial
assistance. This discrimination inflicts a range of tangible
and intangible harms, sometimes even including serious physical
injury or death. An explicit and comprehensive national
solution is needed to address this discrimination, including
the full range of remedies available under the Civil Rights Act
of 1964.
(12) Discrimination based on sexual orientation includes
discrimination based on an individual's actual or perceived
romantic, emotional, physical, or sexual attraction to other
persons, or lack thereof, on the basis of gender. LGBTQ people,
including gender nonbinary people, also commonly experience
discrimination because of sex-based stereotypes. Many people
are subjected to discrimination because of others' perceptions
or beliefs regarding their sexual orientation. Even if these
perceptions are incorrect, the identity imputed by others forms
the basis of discrimination.
(13) Numerous provisions of Federal law expressly prohibit
discrimination on the basis of sex, and Federal courts and
agencies have correctly interpreted these prohibitions on sex
discrimination to include discrimination based on sexual
orientation, gender identity, and sex stereotypes. In
particular, the Supreme Court of the United States correctly
held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020) that
the prohibition on employment discrimination because of sex
under title VII of the Civil Rights Act of 1964 inherently
includes discrimination because of sexual orientation or
transgender status.
(14) This Act makes explicit that existing Federal statutes
prohibiting sex discrimination in employment (including in
access to benefits), healthcare, housing, education, credit,
and jury service also prohibit sexual orientation and gender
identity discrimination.
(15) LGBTQ people often face discrimination when seeking to
rent or purchase housing, as well as in every other aspect of
obtaining and maintaining housing. LGBTQ 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.
(16) National surveys, including a study commissioned by
the Department of Housing and Urban Development, show that
housing discrimination against LGBTQ 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. A national matched-pair testing
investigation found that nearly one-half of same-sex couples
had encountered adverse, differential treatment when seeking
elder housing. According to other studies, transgender people
have half the homeownership rate of non-transgender people and
about 1 in 5 transgender people experience homelessness.
Another survey found that 82 percent of gender nonbinary people
experiencing homelessness lacked access to shelter.
(17) As a result of the absence of explicit prohibitions
against discrimination on the basis of sexual orientation and
gender identity, credit applicants who are LGBTQ, or are
perceived to be LGBTQ, have unequal opportunities to establish
credit. LGBTQ 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.
(18) Numerous studies demonstrate that LGBTQ people,
especially transgender people and women, are economically
disadvantaged and at a higher risk for poverty compared with
other groups of people. For example, the poverty rate for older
women in same-sex couples is twice that of older different-sex
couples.
(19) 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 LGBTQ individuals, or those perceived to
be LGBTQ, 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 LGBTQ victims, witnesses, plaintiffs, and
defendants.
(20) Numerous studies document the shortage of qualified
and available homes for the approximately 424,000 youth in the
child welfare system and the negative outcomes for the many
youth who live in group care as opposed to a loving home or who
age out of care without a permanent family placement. Although
same-sex couples are 7 times more likely to foster or adopt
than their different-sex counterparts, many child-placing
agencies refuse to serve same-sex couples and LGBTQ
individuals. This has resulted in a reduction of the pool of
qualified and available homes for youth in the child welfare
system who need placement on a temporary or permanent basis. It
also sends a negative message about LGBTQ people to children
and youth in the child welfare system about who is, and who is
not, considered fit to be a parent. While the priority should
be on providing the supports necessary to keep children with
their families, when removal is required, barring
discrimination in foster care and adoption will increase the
number of homes available to foster children waiting for foster
and adoptive families.
(21) LGBTQ youth are overrepresented in the foster care
system by at least a factor of two and report twice the rate of
poor treatment while in care compared to their non-LGBTQ
counterparts. LGBTQ youth in foster care have a higher average
number of placements, higher likelihood of living in a group
home, and higher rates of hospitalization for emotional reasons
and of juvenile justice involvement than their non-LGBTQ peers
because of the high level of bias and discrimination that they
face and the difficulty of finding affirming foster placements.
Further, due to their physical distance from friends and
family, traumatic experiences, and potentially unstable living
situations, all youth involved with child welfare services are
at risk for being targeted by traffickers seeking to exploit
children. Barring discrimination in child welfare services will
ensure improved treatment and outcomes for LGBTQ foster
children.
(22) Courts consistently have found that the government has
a compelling interest in preventing and remedying
discrimination. For example, the Supreme Court of the United
States found there to be a compelling government interest in
eliminating sex discrimination in Board of Directors of Rotary
International v. Rotary Club of Duarte, 481 U.S. 537, 549
(1987). Because discrimination based on sexual orientation or
gender identity inherently is a form of sex discrimination, as
held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), this
Act furthers the compelling government interest in providing
redress for the serious harms to mental and physical health,
financial security and well-being, civic participation, freedom
of movement and opportunity, personal dignity, and physical
safety that result from discrimination. Consistent with the
role nondiscrimination laws play in protecting lives and
livelihoods, alleviating suffering, and improving individual
and public health, the Supreme Court of the United States has
long recognized, under the decision in Heart of Atlanta Motel,
Inc. v. United States, 379 U.S. 241 (1964), that these laws
also benefit society as a whole by ending the ``disruptive
effect'' discrimination has on travel and commerce, and by
creating a level field for all participants in a given sector.
(23) As with all prohibitions on invidious discrimination,
this Act furthers the government's compelling interest in the
least restrictive way because only by forbidding discrimination
is it possible to avert or redress the harms described in this
subsection.
(b) Purpose.--It is the purpose of this Act to expand as well as
clarify, confirm and create greater consistency in the protections and
remedies 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 (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, public
gathering, or public 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) 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 (including sexual orientation and 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 ``(including sexual
orientation and 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
``(including sexual orientation and 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 ``(including sexual orientation
and 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 (including sexual orientation and 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 (including sexual orientation and gender
identity),'';
(2) except in subsection (e), by striking ``sex,'' each
place it appears and inserting ``sex (including sexual
orientation and 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 (including sexual orientation
and 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 (including sexual orientation and 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
(including sexual orientation and 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 (including sexual orientation and gender identity),'';
and
(2) in subsection (c), by striking ``sex'' and inserting
``sex (including sexual orientation and 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 (including sexual orientation and gender identity),'';
(2) in section 302(a)(1), by striking ``sex,'' and
inserting ``sex (including sexual orientation and 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
(including sexual orientation and 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
``(including sexual orientation and 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. 209. 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
(including sexual orientation and gender identity), or national origin'
shall be considered to be a reference to `race, color, religion, sex
(including sexual orientation and 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 (including sexual orientation and gender
identity),'';
(2) in section 2302--
(A) in subsection (b)(1)(A), by inserting
``(including sexual orientation and gender identity),''
before ``or national origin,''; and
(B) in subsection (d)(1), by inserting ``(including
sexual orientation and 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
(including sexual orientation and gender identity), or national origin'
shall be considered to be a reference to `race, color, religion, sex
(including sexual orientation and 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 ``(including sexual orientation and 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' (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 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 (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 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 (42 U.S.C. 3602), 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' (including `sexual
orientation' and `gender identity'), `handicap', `familial status', or
`national origin', used with respect to an individual, includes--
``(1) the race, color, religion, sex (including sexual
orientation and 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 (including sexual
orientation and gender identity), handicap, familial status, or
national origin, respectively, of the individual.'';
(2) in section 804 (42 U.S.C. 3604), by inserting
``(including sexual orientation and gender identity),'' after
``sex,'' each place that term appears;
(3) in section 805 (42 U.S.C. 3605), by inserting
``(including sexual orientation and gender identity),'' after
``sex,'' each place that term appears;
(4) in section 806 (42 U.S.C. 3606), by inserting
``(including sexual orientation and gender identity),'' after
``sex,'';
(5) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by
inserting ``(including sexual orientation and 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 ``(including sexual orientation (as such term is defined in
section 802 of this Act) and 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
``(including sexual orientation and gender identity),'' after ``sex''.
(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' (including `sexual orientation' and `gender identity'), `marital
status', or `age', used with respect to an individual, includes--
``(1) the race, color, religion, national origin, sex
(including sexual orientation and 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
(including sexual orientation and 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
``(including sexual orientation and 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 ``(including sexual
orientation and gender identity),'' after ``sex,'';
(2) in section 1867(e), in the second sentence, by
inserting ``(including sexual orientation and 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' (including `sexual
orientation' and `gender identity'), `economic status', or `national
origin', used with respect to an individual, includes--
``(1) the race, color, religion, sex (including sexual
orientation and 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 (including sexual
orientation and 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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