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116th Congress    }                                 {     Rept. 116-56
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                 {           Part 1

======================================================================



 
                              EQUALITY ACT

                                _______
                                

  May 10, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                         [To accompany H.R. 5]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5) to prohibit discrimination on the basis of sex, 
gender identity, and sexual orientation, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     8
Background and Need for the Legislation..........................     9
Hearings.........................................................    23
Committee Consideration..........................................    24
Committee Votes..................................................    24
Committee Oversight Findings.....................................    34
New Budget Authority and Tax Expenditures and Congressional 
  Budget Office Cost Estimate....................................    34
Duplication of Federal Programs..................................    34
Performance Goals and Objectives.................................    34
Advisory on Earmarks.............................................    34
Section-by-Section Analysis......................................    34
Changes in Existing Law Made by the Bill, as Reported............    43
Committee Correspondence.........................................    91
Dissenting Views.................................................   100

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

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, 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. An 
        explicit and comprehensive national solution is needed to 
        address such discrimination, which has sometimes resulted in 
        violence or death, including the full range of remedies 
        available under the Civil Rights Act of 1964.
          (12) 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.
          (13) The absence of explicit prohibitions of discrimination 
        on the basis of sexual orientation and gender identity under 
        Federal statutory law has created uncertainty for employers and 
        other entities covered by Federal nondiscrimination laws and 
        caused unnecessary hardships for LGBTQ individuals.
          (14) 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.
          (15) 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 
        face 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.
          (16) 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 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.
          (17) 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, older women in same-sex 
        couples have twice the poverty rate of older different-sex 
        couples.
          (18) 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.
          (19) Numerous studies document the shortage of qualified and 
        available homes for the 437,000 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 without a 
        permanent family. 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. Barring discrimination in foster 
        care and adoption will increase the number of homes available 
        to foster children waiting for foster and adoptive families.
          (20) 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 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 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.
  (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),''; and
          (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,''.
  (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. 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 
(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, by inserting ``(including sexual 
        orientation and gender identity),'' after ``sex,'' each place 
        that term appears;
          (3) in section 805, by inserting ``(including sexual 
        orientation and gender identity),'' after ``sex,'' each place 
        that term appears;
          (4) in section 806, by inserting ``(including sexual 
        orientation and gender identity),'' after ``sex,'';
          (5) in section 808(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.''.

                          Purpose and Summary

    H.R. 5, the ``Equality Act,'' ensures that federal law will 
explicitly and comprehensively prohibit discrimination on the 
basis of sexual orientation and gender identity to secure full 
integration of and equal opportunity for lesbian, gay, 
bisexual, transgender, and queer (``LGBTQ'') persons in most 
key aspects of American life. It does this by codifying recent 
federal judicial and administrative decisions and by following 
the example of numerous states and localities that already 
provide explicit protections against such discrimination. 
Specifically, H.R. 5 amends Titles II (public accommodations), 
III (public facilities), IV (public education), VI (federally-
funded programs), VII (employment), IX (intervention and 
removal of cases), and XI (miscellaneous provisions) of the 
Civil Rights Act of 1964 (``1964 Act'');\1\ the Fair Housing 
Act;\2\ the Equal Credit Opportunity Act;\3\ and the 
nondiscrimination provisions of the statute governing jury 
selection\4\ by either adding sex--including sexual orientation 
and gender identity--as a protected characteristic or, where 
sex is already included as a protected characteristic, by 
explicitly clarifying that unlawful sex discrimination includes 
discrimination on the basis of sexual orientation or gender 
identity. It also expands the list of businesses and services 
that would be subject to the 1964 Act's public accommodations 
provisions and adds definitions of key terms and rules of 
construction clarifying that nothing in the bill undermines the 
rights of pregnant women or the rights of anyone to pursue 
claims for race, color, religion, sex (including sexual 
orientation and gender identity), or national origin 
discrimination under any other law. Finally, the bill contains 
a provision prohibiting the use of the Religious Freedom 
Restoration Act as a basis for a defense or claim in response 
to the enforcement of any of the civil rights statutes amended 
by H.R. 5.
---------------------------------------------------------------------------
    \1\42 U.S.C. Sec. Sec. 2000a-2000h--6 (2019).
    \2\42 U.S.C. Sec. Sec. 3601-3619 & 3631 (2019).
    \3\15 U.S.C. Sec. Sec. 1691 et seq. (2019).
    \4\28 U.S.C. Sec. Sec. 1862, 1867, 1869 (2019).
---------------------------------------------------------------------------
    H.R. 5 is supported by more than 360 civil rights, public 
interest, business, labor, and professional organizations, 
including the Human Rights Campaign, the National Women's Law 
Center, the NAACP, the National Urban League, the American 
Civil Liberties Union, the Sports and Fitness Industry 
Association, the National Alliance to End Sexual Violence, 
Lambda Legal, the American Medical Association, the National 
Association of Secondary School Principals, the AFL-CIO, 
AFSCME, the Business Roundtable, the National Association of 
Manufacturers, and the U.S. Chamber of Commerce.\5\
---------------------------------------------------------------------------
    \5\See Human Rights Campaign, Business Coalition for the Equality 
Act, May 8, 2019, available at http://assets2.hrc.org/files/assets/
resources/Keep_Updated_-_Company_List_For_Website_-
_Business_Coalition_for_Equality.pdf?_ga=2.182789092.378477246.155724177
8-403308507.1547139001; Human Rights Campaign, 364 Organizations 
Endorsing the Equality Act, April 25, 2019, available at https://
assets2.hrc.org/files/assets/resources/
Orgs_Endorsing_EqualityAct.pdf?_ga=2.177553511.378477246.1557241778-
403308507.1547139001; Human Rights Campaign, Associations Endorsing the 
Equality Act, Apr. 8, 2019, available at https://assets2.hrc.org/files/
assets/resources/Endorsing-associations-equality-act-
3.13.19.pdf?_ga=2.182446949.378477246.1557241778-403308507.1547139001.
---------------------------------------------------------------------------

                Background and Need for the Legislation


                             I. BACKGROUND

A. Federal Statutes and Executive Orders

    There is no federal statute that provides explicit and 
comprehensive protection against discrimination on the basis of 
sexual orientation or gender identity, and no federal statute 
explicitly prohibits such discrimination in employment, 
housing, public accommodations, federally-funded programs, 
education, credit opportunity, or jury service. What federal 
statutory protections currently exist are limited. For example, 
the Violence Against Women Reauthorization Act of 2013\6\ 
prohibits sexual orientation and gender identity discrimination 
in programs and activities funded by that Act. In addition, 
Executive Order 13087, issued by President Bill Clinton, 
prohibits sexual orientation discrimination in the federal 
civilian workforce\7\ and Executive Order 13672, issued by 
President Barack Obama, prohibits gender identity 
discrimination in the federal civilian workforce and sexual 
orientation and gender identity discrimination in federal 
contracting.\8\ Neither of these measures, however, fully 
addresses the problem of sexual orientation and gender identity 
discrimination.
---------------------------------------------------------------------------
    \6\Pub. L. No. 113-4, 127 Stat, 54 (2013), available at https://
www.govinfo.gov/content/pkg/PLAW-113publ4/pdf/PLAW-113publ4.pdf.
    \7\Exec. Order No. 13087 (May 28, 1998), available at https://
www.govinfo.gov/content/pkg/FR-1998-06-02/pdf/98-14689.pdf.
    \8\Exec. Order No. 13672 (July 21, 2014), available at https://
www.govinfo.gov/content/pkg/CFR-2015-title3-vol1/pdf/CFR-2015-title3-
vol1-eo13672.pdf.
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B. Developments in Federal Judicial and Administrative Decisions

    With respect to constitutional protections against 
discrimination on the basis of sexual orientation, the United 
States Supreme Court has issued several decisions that struck 
down state and federal laws differentiating between persons 
based on sexual orientation, finding that such laws were based 
on illegitimate animus and violated equal protection 
principles\9\ or invaded privacy rights guaranteed by the 
Fourteenth Amendment.\10\ Most recently, in Obergefell v. 
Hodges,\11\ the Court invalidated state laws that only 
recognized marriage as being exclusively between a man and a 
woman as violations of the Fourteenth Amendment's Due Process 
and Equal Protection Clauses. Yet, despite this general long-
term trend towards recognizing greater constitutional 
protections against sexual orientation discrimination, the 
Court has also identified limits to state public accommodation 
laws that seek to protect sexual minorities from discrimination 
when those laws were applied in a manner that was in tension 
with the First Amendment rights of religious or moral 
objectors.\12\
---------------------------------------------------------------------------
    \9\United States v. Windsor, 570 U.S. 744 (2013) (holding that 
section of the federal Defense of Marriage Act (``DOMA'') defining 
``marriage'' and ``spouse'' to be limited to opposite-sex unions 
violated equal protection and due process principles and concluding 
that DOMA served no legitimate purpose); Romer v. Evans, 517 U.S. 620 
(1996) (striking down state constitutional amendment that banned all 
legal protections against anti-gay discrimination at the state and 
local level as a violation of the Fourteenth Amendment's Equal 
Protection Clause, reasoning that animus toward the gay community could 
not justify harmful governmental actions).
    \10\Lawrence v. Texas, 539 U.S. 558 (2003) (holding that Texas 
statute banning same-sex sexual intercourse violated Fourteenth 
Amendment's privacy and equal protection guarantees).
    \11\135 S. Ct. 2584 (2015).
    \12\Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 
138 S. Ct. 1719 (2018) (holding that state civil rights commission 
violated the First Amendment's Free Exercise Clause when it found that 
a baker who refused to make a wedding cake for a same-sex couple 
violated state antidiscrimination law because the Commission displayed 
a clear and impermissible hostility toward the sincere religious 
beliefs motivating the baker's objection); Boy Scouts of America v. 
Dale, 530 U.S. 640 (2000) (holding that the constitutional right to 
freedom of association permitted the Boys Scouts of America to exclude 
LGBT persons from membership notwithstanding state law prohibiting 
discrimination on the basis of sexual orientation in public 
accommodations).
---------------------------------------------------------------------------
    A number of federal court decisions have addressed the 
treatment of discrimination based on sexual orientation and 
gender identity under federal civil rights law, particularly in 
the employment context. In Oncale v. Sundowner Offshore 
Services, Inc.,\13\ the Supreme Court recognized that a claim 
of same-sex sexual harassment was actionable as a sex 
discrimination claim under Title VII of the 1964 Act, which 
prohibits, in relevant part, employment discrimination based on 
sex.\14\ The Court reasoned that, while Congress may not have 
envisioned same-sex sexual harassment when it passed Title VII, 
``statutory prohibitions often go beyond the principal evil to 
cover reasonably comparable evils, and it is ultimately the 
provisions of our laws rather than the principal concerns of 
our legislators by which we are governed.''\15\ Additionally, 
in Price Waterhouse v. Hopkins,\16\ the Court held that 
discrimination on the basis of gender stereotypes could 
constitute a sex discrimination claim under Title VII.
---------------------------------------------------------------------------
    \13\523 U.S. 75 (1998).
    \14\42 U.S.C. Sec. 2000e-2 (2019).
    \15\Oncale, 523 U.S. at 79-80.
    \16\490 U.S. 228 (1989).
---------------------------------------------------------------------------
    In recent years, the United States Courts of Appeals for 
the Second and Seventh Circuits, both sitting en banc, as well 
as the Equal Employment Opportunity Commission (``EEOC''), have 
issued decisions explicitly holding that employment 
discrimination on the basis of sexual orientation constitutes 
unlawful sex discrimination in violation of Title VII, based in 
part on an extension of the reasoning in Price Waterhouse and 
Oncale.\17\ In reaching this conclusion, they reasoned that sex 
is necessarily a factor in sexual orientation discrimination 
because one cannot fully define a person's sexual orientation 
without consideration of the person's sex and, as would be the 
case in any sex discrimination case, the person would not have 
been treated differently but for that person's sex.\18\ They 
also reasoned that sexual orientation discrimination is sex 
discrimination because it amounts to associational 
discrimination on the basis of sex, i.e., an employer 
unlawfully took an employee's sex into account by treating the 
employee adversely for associating with a person of the same 
sex.\19\ Finally, they concluded that sexual orientation 
discrimination could also amount to discrimination based on sex 
stereotypes, which, according to the Price Waterhouse decision, 
could amount to sex discrimination under Title VII.\20\ Other 
circuit courts have come to the opposite conclusion, holding 
that Title VII does not protect against sexual orientation 
discrimination.\21\
---------------------------------------------------------------------------
    \17\Zarda v. Altitude Express, Inc., 883 F.3d 100 (2d Cir. 2018) 
(en banc); Hively v. Ivy Tech Comm. Coll., 853 F.3d 339 (7th Cir. 2017) 
(en banc); Baldwin v. Foxx, No. 0120133080, 2015 WL 4397641 (E.E.O.C. 
July 15, 2015).
    \18\Id.
    \19\Id.
    \20\Id. 
    \21\Wittmer v. Phillips 66 Co., 915 F.3d 328 (5th Cir. 2019) 
(reaffirming circuit precedent that expressly held that Title VII does 
not prohibit discrimination on the basis of sexual orientation); Evans 
v. Georgia Regional Hospital, 850 F.3d 1248 (11th Cir. 2017) (holding 
that plaintiff failed to state Title VII claim by alleging that she 
endured workplace discrimination because of her sexual orientation).
---------------------------------------------------------------------------
    With respect to whether discrimination on the basis of 
gender identity constitutes unlawful sex discrimination under 
Title VII, circuit courts have also come to differing 
conclusions. Adopting reasoning that was similar to that 
followed by the Second and Seventh Circuits and the EEOC 
concerning sexual orientation-based discrimination, the United 
States Court of Appeals for the Sixth Circuit, in its 2018 
decision in Equal Employment Opportunity Commission v. R.G. & 
G.R. Harris Funeral Homes, Inc.,\22\ held that Title VII 
prohibited discrimination on the basis of transgender or 
transitioning status as a form of sex discrimination, reasoning 
that such discrimination is necessarily motivated because of 
sex. It further reasoned that such discrimination would 
constitute discrimination on the basis of sex stereotypes, 
which would also violate Title VII's prohibition on 
discrimination ``because of'' sex. Other circuits, however, 
have reached the opposite conclusion with regard to whether 
Title VII directly prohibits discrimination on the basis of a 
person's gender identity.\23\
---------------------------------------------------------------------------
    \22\884 F.3d 560 (2018). See also Whitaker v. Kenosha Unified 
School District, 858 F.3d 1034 (2017) (holding that transgendered 
student transitioning from female to male was likely to succeed on the 
merits of his claim that a local public school district's unwritten 
policy prohibiting him from using boys' restroom violated his rights 
under Title IX of the Education Amendments Act of 1972 and the 
Fourteenth Amendment's Equal Protection Clause); Rosa v. Park West Bank 
& Trust Co., 214 F.3d 213 (2000) (reversing district court's grant of 
defendant's motion to dismiss for failure to state a claim where 
plaintiff, a biological male who sought and was denied a loan 
application from the defendant bank while dressed in traditionally 
feminine clothing, alleged that the bank violated the Equal Credit 
Opportunity Act's prohibition on sex discrimination).
    \23\See, e.g., Etsitty v. Utah Transit Authority, 502 F.3d 1215 
(10th Cir. 2007) (holding that Title VII and the Equal Protection 
Clause do not recognize ``transsexuals'' as a protected class, but also 
declining to hold as a general matter that discrimination on the basis 
of gender identity could not constitute unlawful sex stereotyping under 
Price Waterhouse); Ulane v. Eastern Airlines, Inc., 742 F.2d 1081 (7th 
Cir. 1984) (Title VII does not protect ``transsexuals''); Sommers v. 
Budget Marketing, Inc., 667 F.2d 748 (8th Cir. 1982) (same).
---------------------------------------------------------------------------
    Recently, the Supreme Court announced it would consider 
next term the questions of whether Title VII's prohibition on 
sex discrimination in employment includes discrimination based 
on sexual orientation and gender identity.\24\ On the question 
of whether Title VII prohibits sexual orientation 
discrimination, the Court will consider an appeal of the Second 
Circuit's decision holding that it does as well as an Eleventh 
Circuit decision reaching the contrary conclusion.\25\ On the 
question of whether Title VII covers gender identity 
discrimination, the Court will consider an appeal of the Sixth 
Circuit's decision in the R.G. & G.R. Harris Funeral Homes 
case.\26\ Among other things, H.R. 5 codifies the holdings of 
the Second and Seventh Circuits finding that sexual orientation 
discrimination is sex discrimination under Title VII, and the 
analogous holding of the Sixth Circuit that gender identity 
discrimination is prohibited sex discrimination under Title 
VII.\27\
---------------------------------------------------------------------------
    \24\Adam Liptak, Supreme Court to Decide Whether Landmark Civil 
Rights Law Applies to Gay and Transgender Workers, N.Y. Times, Apr. 22, 
2019, available at https://www.nytimes.com/2019/04/22/us/politics/
supreme-court-gay-transgender-employees.html.
    \25\Id.
    \26\Id.
    \27\Some concerns have been raised regarding the potential 
application of H.R. 5 to other aspects of employment law. The following 
describes these concerns and how H.R. 5 does or does not address the 
particular question of law.
    First, a concern has been raised about whether the definition of 
gender identity would require employers to identify individuals based 
on their appearance, mannerisms, or other gender-related 
characteristics. The definition of gender identity, contained in H.R. 
5, is not meant to be construed in a manner that would require 
employers to identify, stereotype, or make assumptions about employees' 
or job applicants' gender identity. Rather the definition should be 
construed in a manner that allows an employee or job applicant to 
represent their gender identity to the employer, if necessary, in a 
manner that allows for a discussion without discrimination. Likewise, 
the definition of sexual orientation, contained in H.R. 5, is not meant 
to be construed in a manner that would require employers to identify, 
stereotype, or make assumptions about employees' or job applicants' 
sexual orientation. Rather the definition should be construed in a 
manner that allows an employee or job applicant to represent their 
sexual orientation to the employer, if necessary, without 
discrimination.
    Second, a concern has been raised about whether the bill changes 
current law with respect to the provision of employer provided 
benefits. H.R. 5 should not be construed to prohibit a covered entity 
from enforcing any rules, policies, or agreements that are uniformly 
applied to all individuals regardless of actual or perceived sexual 
orientation or gender identity and that do not circumvent the purposes 
of this Act.
    Third, a concern has been raised about whether the Equal Employment 
Opportunity Commission must collect information in the EEO-1 form 
related to sexual orientation and gender identity. In considering 
collection of such information, under H.R. 5, Congress suggests that 
the EEOC take due care of the sometimes private and personal nature of 
these characteristics. The EEOC should not solicit information in such 
a way that would require employers to assume an employees' or job 
applicants' sexual orientation or gender identity. Further, the EEOC 
should not require an employee or job applicant to disclose this 
information except on a voluntary basis. Any disclosure of information 
by employees or job applicants should be made in accordance with their 
gender identity.
    Fourth, a concern has been raised about whether H.R. 5 changes 
current law with respect to the Pregnancy Discrimination Act. The 
underlying bill affirms that women affected by pregnancy should be 
treated the same for all employment-related purposes as other persons 
not so affected but similar in their ability or inability to work. H.R. 
5 does nothing to expand or constrict current law.
    Fifth, a concern has been raised about whether H.R. 5's amendments 
to current law related to ``public accommodation'' affect other 
employment-related statutes with ``public accommodation'' provisions. 
Changes to the definition of public accommodation in the underlying 
bill are contained solely within Section 201 of the 1964 Act. Courts 
should not construe these changes to affect other statutes or instances 
not included under Section 201 of the 1964 Act.
---------------------------------------------------------------------------

C. State Laws

    While there is no comprehensive federal statute explicitly 
prohibiting discrimination on the basis of sexual orientation 
or gender identity, there is a patchwork of state 
nondiscrimination protections that explicitly prohibit such 
kind of discrimination. Currently, 22 states prohibit sexual 
orientation-based discrimination in employment and housing, 
while another 21 states prohibit discrimination in public 
accommodations, 17 in education, 15 in terms of credit 
opportunities, and 10 in jury selection. With respect to 
prohibitions on discrimination on the basis of gender identity, 
21 states expressly prohibit such discrimination in employment 
and housing, 20 in public accommodations, 15 in education and 
credit opportunities, and 6 in jury selection.\28\
---------------------------------------------------------------------------
    \28\Sarah Warbelow, Cathryn Oakley & Collen Kutney, 2018 State 
Equality Index, Human Rights Campaign Foundation and Equality 
Federation Institute available at https://assets2.hrc.org/files/assets/
resources/SEI-2018-Report.pdf?--ga=2.85439129.1252111100.1553270783-
682024502.1549305648.
---------------------------------------------------------------------------
    This patchwork of state law protections against LGBTQ 
discrimination leaves many individuals without legal protection 
from such discrimination. A March 2019 study by The Williams 
Institute at the University of California, Los Angeles School 
of Law found that an estimated 4.1 million LGBTQ workers (aged 
16 and older) lived in states without explicit LGBTQ 
nondiscrimination protections in employment.\29\ Additionally, 
according to the study, 5.6 million LGBTQ adults (aged 18 and 
older) lived in states without explicit LGBTQ non-
discrimination protections in housing, 6.9 million LGBTQ people 
(13 and older) lived in states without explicit LGBTQ non-
discrimination protections in public accommodations, 2.1 
million LGBTQ students (aged 15 and older) lived in states 
without explicit LGBTQ non-discrimination protections in 
education, and 8 million LGBTQ adults lived in states without 
LGBTQ non-discrimination protections in terms of credit 
opportunity.\30\
---------------------------------------------------------------------------
    \29\UCLA School of Law Williams Institute, LGBT People in the U.S. 
Not Protected by State Nondiscrimination Statutes, UCLA School of Law 
Williams Institute (Mar. 2019), available at https://
williamsinstitute.law.ucla.edu/wp-content/uploads/Equality-Act-March-
2019.pdf.
    \30\Id.
---------------------------------------------------------------------------

D. Religious Exemptions to Generally Applicable Federal 
        Nondiscrimination Laws

    The First Amendment's Free Exercise Clause prohibits 
governmental interference with the free exercise of religion. 
In 1990, the Supreme Court narrowed the scope of the Free 
Exercise Clause's protections in a series of decisions, to 
which Congress responded by passing the Religious Freedom 
Restoration Act (``RFRA'').\31\ Until 1990, the Supreme Court 
applied strict scrutiny to any governmental action that imposed 
a burden on the free exercise of religion. Under strict 
scrutiny, a governmental burden on the free exercise of 
religion would be justified only if it served a compelling 
governmental interest and was the least restrictive means of 
serving that interest. In Employment Division v. Smith,\32\ the 
Supreme Court diluted its strict scrutiny approach to 
governmental burdens on the free exercise of religion where the 
burden was incidental to a generally applicable law. In an 
effort to protect followers of minority religions, Congress 
passed RFRA to re-establish the pre-Smith standard by 
subjecting generally applicable laws and other government 
actions that substantially burden the free exercise of religion 
to strict scrutiny.\33\
---------------------------------------------------------------------------
    \31\42 U.S.C. Sec. Sec. 2000bb et seq. (2019).
    \32\494 U.S. 872 (1990).
    \33\See S. Rept. No. 103-111, at 12 (1993) (RFRA's purpose was 
``only to overturn the Supreme Court's decision in Smith,'' not to 
``unsettle other areas of law'').
---------------------------------------------------------------------------
    While the Supreme Court in Employment Division held that 
incidental burdens on religious belief, alone, would be 
insufficient to justify an exemption from otherwise valid and 
generally applicable laws, it has also clarified, most recently 
in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights 
Commission, that government actions, including the enforcement 
of civil rights laws, that are motivated by animus towards a 
particular religious group would violate the Free Exercise 
Clause.\34\ Additionally, the First Amendment protects freedom 
of association, which provides additional constitutional 
protection for houses of worship and other religious entities 
with respect to the application of nondiscrimination laws.
---------------------------------------------------------------------------
    \34\Masterpiece Cakeshop, 138 S. Ct. at 1727.
---------------------------------------------------------------------------
    The potential for RFRA to be used to justify broad 
exemptions to generally applicable nondiscrimination laws has 
grown considerably in recent years. For instance, in the R.G. & 
G.R. Harris Funeral Homes decision from the Sixth Circuit 
discussed earlier, the lower court had ruled in favor of the 
defendant funeral home, finding that RFRA could be invoked as a 
defense to a Title VII sex discrimination claim.\35\ Indeed, 
Justice Ruth Bader Ginsburg suggested with alarm in her dissent 
in Burwell v. Hobby Lobby that the Court's decision allowing a 
closely-held for-profit corporation to obtain an exemption from 
a generally applicable law under RFRA based on the owners' 
religious beliefs could lead to that Act being used to permit 
discrimination against minority groups,\36\ and the district 
court in the R.G. & G.R. Harris case cited Hobby Lobby in its 
RFRA analysis.\37\
---------------------------------------------------------------------------
    \35\R.G. & G.R. Harris Funeral Homes, 884 F.3d at 570.
    \36\573 U.S. 682, 769-70 (2014).
    \37\EEOC v. R.G. & G. R. Harris Funeral Homes, 201 F.Supp.3d 837, 
863 (E.D. Mich. 2016).
---------------------------------------------------------------------------
    In another recent example of RFRA's expansive application 
to nondiscrimination laws, the Trump Administration earlier 
this year cited RFRA in exempting federally-funded foster care 
and adoption agencies in South Carolina from the religious 
nondiscrimination protections\38\ provided by a Department of 
Health and Human Services regulation.\39\ This waiver allowed 
an evangelical Christian foster placement agency that received 
public funding to potentially discriminate against LGBTQ and 
non-Christian families based on the agency's religious beliefs 
in making a foster placement decision.\40\
---------------------------------------------------------------------------
    \38\Letter from Steve Wagner, Principal Deputy Assistant Secretary, 
Administration for Children and Families, Dep't of Health and Human 
Servs., to Henry McMaster, Governor, State of South Carolina (Jan. 23, 
2019), available at https://governor.sc.gov/sites/default/files/
Documents/newsroom/HHS%20Response%20Letter%20to%20McMaster.pdf.
    \39\45 C.F.R. 75.300(c) (2019).
    \40\Associated Press, S.C. Group Can Reject Gays and Jews As Foster 
Parents, Trump Admin. Says, Jan. 24, 2019, available at https://
www.nbcnews.com/feature/nbc-out/s-c-group-can-reject-gays-jews-foster-
parents-trump-n962306.
---------------------------------------------------------------------------
    In addition to constitutional and statutory protections for 
religious free exercise and freedom of association, several 
exemptions in civil rights statutes provide further protection 
for religious entities in certain circumstances. For instance, 
Title II of the 1964 Act, which covers public accommodations, 
contains an exemption for private clubs and other 
establishments that are not open to the general public, and 
H.R. 5 does not amend this exemption in any way.\41\ With 
respect to houses of worship, it is clear that when houses of 
worship provide spaces and services to congregants and 
worshippers, and not to the public at large, they are not 
acting as places of public accommodation. This has been the 
case in the more than five decades that this exemption has been 
in effect. Moreover, clergy operating in their ministerial 
capacity would never be compelled to perform a religious 
ceremony in conflict with their religious beliefs, even when 
working in a place of public accommodation.
---------------------------------------------------------------------------
    \41\42 U.S.C. 2000a(e) (2019).
---------------------------------------------------------------------------
    Title VII of the 1964 Act contains an explicit exemption 
for religious organizations from its general prohibition on 
employment discrimination. This exemption allows religious 
corporations, associations, and societies to limit employment 
to members of their own faith. The exemption also extends to 
schools, colleges, and universities owned, supported, 
controlled, or managed by a religious organization. Also, 
courts and the EEOC have recognized that Title VII requires 
that employers provide accommodation for an employee's 
sincerely-held religious beliefs and practices where the 
requested accommodation does not impose an undue hardship for 
the employer. Examples of such accommodations include allowing 
the wearing of head coverings that conflict with workplace 
dress codes, prayer breaks, and schedule changes to accommodate 
religious observances.
    Additionally, the Supreme Court has recognized a 
``ministerial exception'' with respect to the employment 
practices of religious organizations.\42\ Under this exception, 
rooted in the First Amendment, religious employers are exempt 
from nondiscrimination laws to the extent that an employment 
practice concerns employees who play roles with respect to the 
teaching or inculcating of faith.\43\ This exception applies 
broadly to include not only those employees who hold formal 
ministerial positions, but can also include any employee who 
organizes religious services, theology professors, and church 
music directors. It would not, however, apply with respect to 
employees serving in purely administrative, custodial, or 
janitorial roles.
---------------------------------------------------------------------------
    \42\Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 
U.S. 171 (2012).
    \43\Id. 
---------------------------------------------------------------------------
    Title VI of the 1964 Act, which prohibits discrimination in 
federally-funded programs, does not prohibit discrimination on 
the basis of religion. Therefore, religious entities are free 
to discriminate on the basis of religion when making decisions 
regarding employment or who may receive services from these 
programs and are free to determine who is and is not a member 
of their respective faiths.\44\
---------------------------------------------------------------------------
    \44\Courts historically have interpreted the scope of protection 
available under Title VI to be coextensive with that afforded by the 
Equal Protection Clause. In adding sex as a protected characteristic 
under Title VI, Congress intends for courts to extend that approach, 
continuing to apply strict scrutiny with respect to classifications 
based on race, color, or national origin, and intermediate scrutiny to 
those based on sex, as would be the case under the Equal Protection 
Clause. Additionally, courts should not draw any inference from H.R. 
5's amendment of Title VI in some ways and not in others to mean that 
Congress implicitly endorses any particular judicial interpretations 
regarding any other aspect of Title VI.
    The Committee acknowledges that the addition of sex as a protected 
characteristic under Title VI may raise some questions about how the 
revised Title VI should be read in relation to Title IX of the 
Education Amendments Act of 1972. It is the Committee's intention not 
to alter in any way Title IX or the scope or availability of its 
exemptions as they currently stand. Rather, Title IX and the revised 
Title VI should be read as being complementary provisions that provide 
overlapping protection against sex discrimination. Indeed, the addition 
of sex as a protected characteristic under Title VI should be read in 
light of the way that courts and enforcement agencies have interpreted 
other legal prohibitions against sex discrimination, including 
analogous constitutional and statutory provisions, so as to permit 
gender-specific programming and facilities when they are justified. For 
example, in United States v. Virginia Military Institute, 518 U.S. 515 
(1996), the Supreme Court acknowledged that, while single-sex education 
may violate the Equal Protection Clause in the absence of a sufficient 
justification, single-sex education can also provide benefits to some 
students, particularly where such education serves to remedy past 
discrimination, and that other sex-specific distinctions may be 
permissible.
    Also, while H.R. 5 does not amend Title IX to explicitly include 
sexual orientation and gender identity as protected characteristics, it 
expressly prohibits, in new proposed section 1106(c) of the 1964 Act 
that would be added by H.R. 5, the drawing of ``any inference [based on 
the changes to current law made by H.R. 5] that any Federal law 
prohibiting a practice on the basis of sex does not prohibit 
discrimination on the basis of . . . sexual orientation, gender 
identity, or a sex stereotype.''
---------------------------------------------------------------------------
    Beyond the 1964 Act, the Fair Housing Act also specifically 
exempts those religious organizations that provide preferences 
to members of their own religion from its nondiscrimination 
provisions.\45\ That exemption, however, is not available to a 
religious organization that discriminates in its membership 
based on race, color, or national origin.\46\
---------------------------------------------------------------------------
    \45\42 U.S.C. Sec. 3607(a) (2019).
    \46\Id. 
---------------------------------------------------------------------------

                      II. NEED FOR THE LEGISLATION

    While federal statutes, state laws, court decisions, and 
agency interpretations provide some measure of protection 
against discrimination on the basis of sexual orientation and 
gender identity, such protections are incomplete and leave many 
LGBTQ Americans vulnerable to discrimination. Moreover, despite 
polling showing that society has become increasingly more 
accepting of LGBTQ people in recent years,\47\ these 
individuals continue to face numerous forms of discrimination 
because of their sexual orientation or gender identity in many 
areas. Comprehensive, consistent, and explicit federal 
nondiscrimination protections, therefore, are necessary to 
ensure that LGBTQ people are fully protected from invidious 
discrimination and integrated into all aspects of American 
life.
---------------------------------------------------------------------------
    \47\Gallup, Gay and Lesbian Rights (2018), available at https://
news.gallup.com/poll/1651/gay-lesbian-rights.aspx.
---------------------------------------------------------------------------
    In addition, women also continue to face discrimination in 
public accommodations and federally-funded programs with less-
than-complete protection under federal law. Adding sex as a 
protected characteristic to those nondiscrimination laws 
dealing with public accommodations and federally-funded 
programs would provide important additional protections for 
women who experience discrimination in these areas. African 
Americans and other racial minorities also have less-than-full 
protection from racial discrimination in the provision of 
public spaces and services such as those provided by retail or 
online businesses, a situation that the Equality Act will 
remedy.
    The Reverend Dr. Dennis Wiley, Pastor Emeritus of Covenant 
Baptist United Church of Christ in Washington, D.C., in his 
testimony in support of H.R. 5 at the Committee's hearing on 
this legislation, emphasized the moral imperative of opposing 
ongoing discrimination, citing his own experiences of racial 
discrimination while growing up in the Jim Crow-era South and 
how that experience of discrimination sensitized him to all 
forms of discrimination.\48\ He also testified about his 
daughter coming out as a lesbian and how that only strengthened 
his already-strong commitment to equality for LGBTQ 
persons.\49\
---------------------------------------------------------------------------
    \48\Equality Act, Hearing on H.R. 5 Before the H. Comm. on the 
Judiciary, 116th Cong. (2019) [hereinafter ``Equality Act Hearing''] 
(statement of the Rev. Dr. Dennis Wiley, Pastor Emeritus, Covenant 
Baptist United Church of Christ).
    \49\Id.
---------------------------------------------------------------------------

A. Employment

    Anti-LGBTQ employment discrimination can take many forms, 
including failing to hire a job applicant, firing or refusing 
to promote an employee, or mistreating employees because of 
their gender identity or sexual orientation. These forms of 
discrimination can also significantly affect LGBTQ people's 
income, having a wide-ranging impact on their lives.
    A 2013 Pew Research Center poll found that 21% of LGBTQ 
respondents reported being treated unfairly by an employer 
because of their gender identity or sexual orientation at one 
point in their lifetimes, with 5% of all respondents reporting 
that they experienced this form of discrimination in the past 
year.\50\ In a 2017 National Public Radio (``NPR''), Robert 
Wood Johnson Foundation, and Harvard survey (``NPR Survey''), 
20% of LGBTQ respondents reported being discriminated against 
because of their gender identity or sexual orientation when 
applying for jobs and 22% reported discrimination in terms of 
unequal pay or when being considered for promotion.\51\ A 2016 
survey by Prudential Financial also found that sexual 
orientation impacts income; both gay men and lesbian women 
earned, on average, less than their heterosexual 
counterparts.\52\
---------------------------------------------------------------------------
    \50\Pew Research Center, A Survey of LGBT Americans Chapter 2: 
Social Acceptance, June 13, 2013, available at https://
www.pewsocialtrends.org/2013/06/13/chapter-2-social-acceptance/ 
[hereinafter ``Pew Research Center''].
    \51\Nat'l Public Radio, the Robert Wood Johnson Foundation, & 
Harvard T.H. Chan School of Public Health, Discrimination in America: 
Experiences And Views Of LGBTQ Americans, Nov. 2017, available at 
https://cdn1.sph.harvard.edu/wp-content/uploads/sites/94/2017/11/NPR-
RWJF-HSPH-Discrimination-LGBTQ-Final-Report.pdf [hereinafter ``NPR 
Survey''].
    \52\Prudential Financial, The LGBT Financial Experience 2016-2017, 
June 2017, available at http://corporate.prudential.com/media/managed/
PrudentialLGBT2016-2017.pdf. The number of transgender respondents was 
too small in this study to draw statistical conclusions.
---------------------------------------------------------------------------
    Moreover, the 2015 U.S. Transgender Survey--the largest 
survey of transgender people in the United States--found that 
30% of respondents who had been employed in the past year had 
been fired, denied a promotion, or experienced mistreatment in 
the workplace because of their gender identity or expression. 
Additionally, 29% of respondents reported incomes that fell 
below 125% of the official poverty line.\53\
---------------------------------------------------------------------------
    \53\Sandy E. James, Jody L. Herman, Susan Rankin, Mara Keisling, 
Lisa Mottet, & Ma'ayan Anafi, The Report of the 2015 U.S. Transgender 
Survey, National Center for Transgender Equality (2016), available at 
https://transequality.org/sites/default/files/docs/usts/USTS-Full-
Report-Dec17.pdf [hereinafter ``Transgender Survey''].
---------------------------------------------------------------------------
    Behind these statistics are people with stories of 
discrimination. For example, a teacher in Texas was put on paid 
administrative leave after showing the class a photo of her and 
her now-wife, as well as mentioning that the artist Jasper 
Johns had a same-sex partner.\54\ In Michigan, a transgender 
woman who worked at a funeral home was fired two weeks after 
coming out to her employer.\55\
---------------------------------------------------------------------------
    \54\Emma Platoff, A Gay Texas Teacher is on Leave after She Showed 
Students a Photo of Her Wife. She Has Few Legal Protections, Texas 
Trib., May 24, 2018, available at https://www.texastribune.org/2018/05/
24/mansfield-isd-texas-art-teacher-LGBTQ-few-legal-protections/.
    \55\Adam Liptak, Can a Fired Transgender Worker Sue for Job 
Discrimination?, N.Y. Times (November 12, 2018), available at https://
www.nytimes.com/2018/11/12/us/politics/transgender-job-
discrimination.html.
---------------------------------------------------------------------------
    During the hearing, Majority witness Carter Brown, who 
lives in a state without explicit LGBTQ nondiscrimination 
protections, shared his experience of how his life changed 
after he was outed as a transgender man at his job. Prior to 
being outed, he earned three promotions in two years. 
Nevertheless, after a coworker outed him, he was the target of 
gossip and harassment and was eventually fired.\56\ As a 
result, he was forced to cash out his 401K and defer auto loans 
and mortgage payments to stay financially afloat.\57\ He also 
lost his health insurance.\58\ Mr. Brown explained that he 
supported H.R. 5 because, as a transgender black man who has 
experienced workplace discrimination, H.R. 5 would have 
protected him.\59\ In addition, he testified that the bill's 
expanded definition of public accommodations would protect him 
not only as a transgender man but as a person of color.\60\
---------------------------------------------------------------------------
    \56\Equality Act Hearing (statement of Carter Brown).
    \57\Id.
    \58\Id.
    \59\Id.
    \60\Id.
---------------------------------------------------------------------------

B. Housing

    Housing is another area where LGBTQ people face 
discrimination because of their sexual orientation or gender 
identity. A 2011 federal study by the Department of Housing and 
Urban Development found that same-sex couples received fewer 
responses to e-mail inquiries about nbhousing opportunities 
than opposite-sex couples in metropolitan areas.\61\ 
Additionally, 23% of respondents in the 2015 U.S. Transgender 
Survey reported experiencing some form of housing 
discrimination in just the past year\62\ and 22% of LGBTQ 
respondents in the NPR Survey reported experiencing 
discrimination in housing.\63\ These forms of discrimination 
can impact people at all ages. For example, in Missouri, a 
lesbian couple that was in a committed relationship for four 
decades, was rejected from a retirement home they applied to 
join because they were in a same-sex relationship.\64\
---------------------------------------------------------------------------
    \61\Samantha Friedman, Angela Reynolds, Susan Scovill, Florence R. 
Brassier, Ron Campbell,
and McKenzie Ballou, An Estimate Of Housing Discrimination Against 
Same-Sex Couples,
U.S. Department of Housing and Urban Development Office of Policy 
Development and
Research (June 2013) available at https://www.huduser.gov/portal/
Publications/pdf/Hsg_Disc_against_SameSexCpls_v3.pdf.
    \62\Transgender Survey.
    \63\NPR Survey.
    \64\Tim Fitzsimons, Judge Rules Against Lesbians Rejected From 
Retirement Home, NBC News (January 18, 2019) available at https://
www.nbcnews.com/feature/nbc-out/judge-rules-against-elderly-lesbians-
rejected-retirement-home-n960211.
---------------------------------------------------------------------------

C. Public Accommodations

    The Pew Research Center poll found that 23% of respondents 
reported receiving poor service in a restaurant, hotel, or 
other place of business open to the public because of their 
gender identity or sexual orientation.\65\ The 2015 U.S. 
Transgender survey found that 31% of respondents who visited a 
place of public accommodation where the staff or employees 
thought or knew they were transgender experienced at least one 
type of mistreatment, with 14% of respondents reporting that 
they had been denied equal treatment or service.\66\
---------------------------------------------------------------------------
    \65\Pew Research Center.
    \66\Transgender Survey.
---------------------------------------------------------------------------
    Sometimes, denial of equal treatment or service can include 
being completely denied service. For example, in Indiana 
earlier this year, a same-sex couple was refused service at a 
tax service company because they were in a same-sex 
marriage.\67\ Similarly, last year in Arizona, a pharmacist 
refused to fill a prescription for hormone therapy for a 
transgender woman.\68\
---------------------------------------------------------------------------
    \67\Vic Ryckaert, An Indiana Tax Service Turned Away a Gay Couple. 
Both Sides Claim Discrimination, Indianapolis Star, Feb. 18, 2019, 
available at https://www.indystar.com/story/news/2019/02/18/rfra-same-
sex-marriage-indiana-discrimination-russiaville-mike-pence/2903487002/.
    \68\Julia Jacobs, Transgender Woman Says CVS Pharmacist Refused to 
Fill Hormone Prescription, N.Y. Times, July 20, 2018, available at 
https://www.nytimes.com/2018/07/20/us/cvs-pharmacy-transgender-woman-
nyt.html.
---------------------------------------------------------------------------
    During the hearing, Jami Contreras, a Majority witness, 
shared the story of her six-year-old daughter being denied 
medical services as a newborn by a pediatrician. Contreras 
explained that when she and her wife decided to start a family 
they moved 230 miles to the Metro Detroit area to help ensure 
that their children would grow up in a community free from 
discrimination.\69\ She explained that she and her wife 
interviewed a number of pediatricians and found one who met 
their requirements and did not seem concerned that they were a 
same-sex married couple, but that when they arrived for their 
baby's appointment, a different doctor appeared and that when 
questioned, the doctor explained that the Contreras' handpicked 
pediatrician had ``prayed on it'' and decided she could not 
take on their daughter as a patient.\70\ She testified that she 
had continuing concerns that her daughter would experience 
additional discrimination and that Congress should pass H.R. 5 
to prevent such discrimination in the future.\71\
---------------------------------------------------------------------------
    \69\Equality Act Hearing (statement of Jami Contreras).
    \70\Id.
    \71\Id.
---------------------------------------------------------------------------
    LGBTQ people are not the only individuals who experience 
discrimination in public accommodations with no federal legal 
recourse. For instance, women are often charged more for goods 
and services marketed towards them than men are for nearly 
identical goods and services marketed towards them.\72\ A Study 
of Gender Pricing in New York City by the New York City 
Department of Consumer Affairs found that women's products cost 
7% more than similar products for men and that women's products 
cost more 42% of the time while men's products cost more 18% of 
the time.\73\
---------------------------------------------------------------------------
    \72\Democratic staff of the Joint Economic Committee, The Pink Tax 
How Gender-Based
Pricing Hurts Women's Buying Power, United States Congress Joint 
Economic Committee (Dec. 2016) available at https://www.jec.senate.gov/
public/_cache/files/8a42df04-8b6d-4949-b20b-6f40a326db9e/the-pink-tax_-
how-gender-based-pricing-hurts-women-s-buying-power.pdf.
    \73\Anna Bessendorf, From Cradle to Cane: The Cost of Being a 
Female Consumer: A Study of Gender Pricing in New York City, New York 
City Department of Consumer Affairs (Dec. 2015) available at https://
www1.nyc.gov/assets/dca/downloads/pdf/partners/Study-of-Gender-Pricing-
in-NYC.pdf.
---------------------------------------------------------------------------
    Moreover, current federal antidiscrimination law does not 
cover all of the public spaces and services where people may 
face discrimination, such as retail stores, online businesses, 
homeless shelters, banks, and providers of health care, 
accounting, legal, and transportation services. For instance, 
in the past year, there have been notable examples of racial 
discrimination and profiling in retail stores, including an 
instance where a Nordstrom Rack employee called the police to 
investigate African-American teenagers who were shopping for 
prom outfits after wrongly suspecting them of shoplifting.\74\
---------------------------------------------------------------------------
    \74\Rachel Siegel, Nordstrom Rack Apologizes After Calling The 
Police on Three Black Teens who were Shopping for Prom, Wash. Post, May 
9, 2018, available at https://www.washingtonpost.com/news/business/wp/
2018/05/08/nordstrom-rack-called-the-police-on-three-black-teens-who-
were-shopping-for-prom/?utm_term=.6627c82186fa.
---------------------------------------------------------------------------

D. Education

    More than six in ten LGBTQ students in the GLSEN 2017 
National School Climate Survey reported that they had 
experienced anti-LGBTQ discriminatory policies and practices in 
school. Moreover, nearly half of transgender and gender 
nonconforming students in the survey reported being prevented 
from using their chosen name or pronoun and a quarter reported 
being prevented from wearing clothing that matched their gender 
identity or expression.\75\
---------------------------------------------------------------------------
    \75\Joseph G. Kosciw, Emily A. Greytak, Adrian D. Zongrone, Caitlin 
M. Clark, & Nhan L. Truong, The 2017 National School Climate Survey The 
Experiences of Lesbian, Gay, Bisexual, Transgender, and Queer Youth in 
Our Nation's Schools, GLSEN (2018) available at https://www.glsen.org/
sites/default/files/
GLSEN%202017%20National%20School%20Climate%20Survey%20%28NSCS%29%20-
%20Full%20Report.pdf.
---------------------------------------------------------------------------
    One notable example of anti-transgender discrimination in 
education is the experience of Gavin Grimm, a transgender boy 
who was denied access to facilities that aligned with his 
gender identity in his Virginia high school.\76\ Grimm sued his 
school and his case was almost considered by the Supreme Court. 
The Supreme Court, however, sent the case back to the lower 
courts to be reconsidered after the Trump Administration 
rescinded Department of Education guidance on the rights of 
transgender students.\77\
---------------------------------------------------------------------------
    \76\Matt Stevens, Transgender Student in Bathroom Dispute Wins 
Court Ruling, N.Y. Times, May 22, 2018, available at https://
www.nytimes.com/2018/05/22/us/gavin-grimm-transgender-bathrooms.html.
    \77\American Civil Liberties Union, G.G. V. Gloucester County 
School Board, (updated Feb. 25, 2019), available at https://
www.aclu.org/cases/gg-v-gloucester-county-school-board. Many states and 
localities have enacted nondiscrimination measures to protect against 
gender identity-based discrimination. As both Professor Kenji Yoshino 
and Sunu Chandy of the National Women's Law Center testified at the 
Committee hearing on H.R. 5, the experience of these states and 
localities--some of which have had such kinds of protections in places 
for decades--demonstrates that protecting against gender identity 
discrimination has in no way resulted in a ``parade of horribles,'' 
including any sort of increase in assault, sex crimes, or voyeurism 
targeting women in locker rooms, restrooms, and other shared spaces. 
Equality Act Hearing (statements of Sunu Chandy, Legal Director, 
National Women's Law Center and Kenji Yoshino, Chief Justice Earl 
Warren Professor of Constitutional Law, New York University School of 
Law).
---------------------------------------------------------------------------

E. Federally-funded programs

    Discrimination in federally-funded programs can take many 
forms. For example, in prisons receiving federal financial 
assistance, discrimination against the LGBTQ community can 
include failure to provide necessary medications, unsafe 
housing assignments, and disproportionate use of solitary 
confinement.\78\ This can also include mistreatment by local 
and state law enforcement agencies receiving federal funds, 
with 26% of respondents in the NPR Survey, for instance, 
stating that they have been treated unfairly by the police 
because they are LGBTQ.\79\
---------------------------------------------------------------------------
    \78\Lambda Legal, Protected and Served? Jails and Prisons, Lambda 
Legal (2015) available at https://www.lambdalegal.org/protected-and-
served/jails-and-prisons.
    \79\NPR Survey.
---------------------------------------------------------------------------
    In federally-funded homeless shelters, discrimination can 
include unsafe housing assignments and even denying entry to 
LGBTQ people. The 2015 U.S. Transgender Survey found that 70% 
of respondents who stayed in a shelter in the past year 
reported some form of mistreatment, including being harassed, 
assaulted, or ejected from the shelter because they were 
transgender.\80\
---------------------------------------------------------------------------
    \80\Transgender Survey.
---------------------------------------------------------------------------

F. Credit

    Discrimination in access to credit can adversely impact 
many aspects of a person's life, from getting a car to buying a 
house. For example, a study of Home Mortgage Disclosure Act 
data showed that same-sex pairs of borrowers were denied 
mortgages at higher rates than different-sex pairs in which a 
man was the primary applicant (though male same-sex pairs were 
denied at about the same rate as different-sex pairs where a 
woman was the primary applicant).\81\
---------------------------------------------------------------------------
    \81\Mark Fogarty, HMDA Data Offers Clues on Discrimination Against 
Gays, Am. Banker (June 9, 2014) available at https://
www.americanbanker.com/news/hmda-data-offers-clues-on-discrimination-
against-gays. The study examined the treatment of same-sex pairs of 
borrowers, which may not necessarily consist solely of LGBTQ partners 
(two male relatives, for example, may also be encompassed in the 
study.)
---------------------------------------------------------------------------

G. The judicial system

    Given that LGBTQ people are overrepresented in the criminal 
justice system, mistreatment in the courts exacerbates this 
problem. In the NPR survey, 24% of respondents stated that they 
have been treated unfairly by the courts because they are 
LGBTQ.\82\ In a Lambda Legal survey, 19% of respondents who 
interacted with a court heard discriminatory comments about 
sexual orientation or gender identity and expression in the 
courts.\83\ While prohibiting LGBTQ discrimination in jury 
service will not completely eliminate these biases, this 
prohibition will help ensure that cases with LGBTQ defendants 
are truly heard by a jury of their peers that would include a 
full cross-section of their communities.
---------------------------------------------------------------------------
    \82\NPR Survey supra.
    \83\Lambda Legal, Protected and Served? Courts, Lambda Legal (2015) 
available at https://www.lambdalegal.org/protected-and-served/courts.
---------------------------------------------------------------------------

H. RFRA exception and nondiscrimination laws

    Constitutional protections for the free exercise of 
religion and the various religious exemptions under current 
civil rights statutes properly balance individuals' ability to 
freely exercise their religion on the one hand, with the 
government's compelling interest in eradicating discrimination 
on the other. Any attempt to include new religious exemptions 
or to expand upon existing ones in the underlying civil rights 
statutes that H.R. 5 amends would upset this careful balance 
and erode our nation's civil rights laws and nondiscrimination 
protections for all people. Yet, as outlined above, through a 
series of misguided interpretations of RFRA, courts and the 
Executive Branch have threatened to do just that.
    The bill's provision prohibiting the use of RFRA as the 
basis of a defense or claim to any enforcement of any of the 
civil rights provisions amended by H.R. 5 reflects Congress's 
longstanding view that, while the right of Americans, and 
particularly of religious minorities, to freely exercise their 
religions should be protected, religious belief should not be 
the basis for broad exemptions from generally applicable anti-
discrimination laws. In other words, Congress intended RFRA to 
be a ``shield'' for religious minorities, not a ``sword'' that 
would permit businesses and others to harm minorities. As 
Professor Kenji Yoshino of New York University School of Law 
testified at the Committee's hearing on H.R. 5, ``Civil rights 
statutes safeguarding vulnerable groups have never included an 
unlimited license to refuse compliance on religious 
grounds.''\84\ He noted that the Supreme Court expressly 
rejected such an argument in an early challenge to the 1964 Act 
by a business owner who refused to serve African American 
customers on religious grounds.\85\ H.R. 5's RFRA-related 
provision simply reaffirms that longstanding principle, 
articulated more than 50 years ago.
---------------------------------------------------------------------------
    \84\Equality Act Hearing (statement of Kenji Yoshino, Chief Justice 
Earl Warren Professor of Constitutional Law, New York University School 
of Law).
    \85\Id.; Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400 
(1968); see also Masterpiece Cakeshop, 138 S. Ct. at 1727 (noting that 
exemptions from civil rights statutes must be confined or else ``a long 
list of persons who provide goods and services for marriages and 
weddings might refuse to do so for gay persons, thus resulting in a 
community-wide stigma inconsistent with . . . civil rights laws.'').
---------------------------------------------------------------------------

I. Public and business support for Equality Act

    There is strong bipartisan public support for LGBTQ 
nondiscrimination protections and majority support for such 
protections among every major religious denomination, yet 
Congress has thus far failed to act on this public support. 
According to the Public Religion Research Institute's 
(``PRRI's'') 2017 American Values Atlas, 70% of Americans favor 
nondiscrimination protections for LGBTQ people in employment, 
housing, and public accommodations, including 35% who strongly 
support them.\86\ Supporters of LGBTQ nondiscrimination 
protections included 79% of Democrats, 72% of Independents, and 
58% of Republicans.\87\ Similarly, a poll conducted by 
Greenberg Quinlan Rosner Research and commissioned by the Human 
Rights Campaign found that 65% of 2018 voters in battleground 
districts supported the Equality Act.\88\
---------------------------------------------------------------------------
    \86\Alex Vandermaas-Peeler, Daniel Cox, Molly Fisch-Friedman, Rob 
Griffin, & Robert P. Jones, Emerging Consensus on LGBT Issues: Findings 
From the 2017 American Values Atlas, Public Religion Research Institute 
(May 1, 2018) available at https://www.prri.org/research/ emerging-
consensus-on-lgbt-issues-findings-from-the-2017-american-values-atlas/.
    \87\Id.
    \88\Greenberg Quinlan Rosner Research & Human Rights Campaign, 
People Who Were 
Pushed Down Push Back Post-Election Survey and Election Result 
Analysis, Human
Rights Campaign (Nov. 7, 2018) available at https://assets2.hrc.org/
files/assets/
resources/HRC_2018_Post_Election_Polling.pdf?_ga=2.253357769. 
1387538649.1551969720-682024502.1549305648.
---------------------------------------------------------------------------
    Moreover, there is substantial support for LGBTQ 
nondiscrimination protections across geographic, racial, and 
religious lines. The PRRI poll found that majorities of 
residents in all 50 states favored LGBTQ nondiscrimination 
protections and that 75% of Asian-Pacific Islander Americans, 
71% of White Americans, 69% of Hispanic Americans, and 66% of 
African Americans favored such nondiscrimination 
protections.\89\ In addition, the majority of followers of each 
religious group that was polled expressed support for these 
protections, including Unitarian Universalists (95%), Jews 
(80%), Buddhists (78%), Hindus (75%), Catholics (74%), white 
mainline Protestants (71%), Hispanic Catholics (70%), Orthodox 
Christians (69%), Mormons (69%), black Protestants (65%), 
Hispanic Protestants (59%), white evangelical Protestants 
(54%), and Jehovah's Witnesses (50%).\90\ Additionally, 79% of 
religiously unaffiliated Americans support nondiscrimination 
protections for LGBTQ people.\91\
---------------------------------------------------------------------------
    \89\Vandermaas-Peeler-et al.
    \90\Id.
    \91\Id.
---------------------------------------------------------------------------
    In addition to general public support, the business 
community also strongly supports the Equality Act. For 
instance, as of this writing, more than 200 companies have 
endorsed the Equality Act and are members of the Business 
Coalition for the Equality Act.\92\ These companies have 
operations in all 50 states, maintain headquarters in 29 
states, have a combined total revenue of $4.5 trillion, and 
employ more than 10.4 million people in the United States.\93\
---------------------------------------------------------------------------
    \92\Human Rights Campaign, Business Coalition for the Equality Act, 
May 8, 2019, available at http://assets2.hrc.org/files/assets/
resources/Keep_Updated_-_Company_List_For_Website_-
_Business_Coalition_for_Equality.pdf?_ga=2.144860787.638557940.155737513
4-916488279.1557375134.
    \93\Id.
---------------------------------------------------------------------------
    During the Committee's hearing on H.R. 5, Tia Silas, Vice 
President and Global Chief Diversity and Inclusion Officer for 
IBM, explained IBM's support for the bill and outlined IBM's 
history of having LGBTQ-inclusive policies.\94\ She stressed 
that diversity ``ensures differentiated innovation,'' that in 
order for IBM to succeed it needs to retain the best talent, 
and that discriminating against people based on their identity 
is bad for business.\95\ She emphasized that the lack of 
affirmative nondiscrimination protections can lead employees to 
feel stress, impact their productivity, and limit where they 
can safely live and work.\96\ She also testified that 
businesses are not only concerned about nondiscrimination 
protections in employment, but also in other key areas of 
life--like housing and credit--which can impact where employees 
can travel and relocate to and thrive.\97\ She also noted the 
widespread business support for the bill, including from the 
Business Roundtable's member companies.\98\
---------------------------------------------------------------------------
    \94\Equality Act Hearing (statement of Tia Silas, Vice President 
and Global Chief Diversity and Inclusion Officer, IBM).
    \95\Id.
    \96\Id.
    \97\Id.
    \98\Id.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to consider H.R. 
5: Hearing on ``H.R. 5, the `Equality Act,''' held before the 
full Committee on April 2, 2019. The witnesses were Sunu 
Chandy, Legal Director, National Women's Law Center; Rev. Dr. 
Dennis Wiley, Pastor Emeritus, Covenant Baptist United Church 
of Christ; Carter Brown, a transgender discrimination victim; 
Tia Silas, Vice President and Chief Diversity and Inclusion 
Officer, IBM; Jami Contreras, a victim of sexual orientation 
discrimination; Kenji Yoshino, Chief Justice Earl Warren 
Professor of Constitutional Law, New York University School of 
Law; Doriane Lambelet Coleman, Professor of Law, Duke Law 
School; and Julia Beck, Women's Liberation Front. While the 
Minority witnesses expressed concern about the potential effect 
of H.R. 5 on single-sex programs and facilities, the Majority 
witnesses strongly supported the legislation and explained the 
vast extent of the continuing discrimination faced by LGBTQ 
persons, women, and racial minorities in public accommodations, 
employment, the provision of health care services, and other 
areas and outlining the limited scope and reach of protections 
in current law against sexual orientation and gender identity 
discrimination.

                        Committee Consideration

    On May 1, 2019, the Committee met in open session and 
ordered the bill, H.R. 5, favorably reported as an amendment in 
the nature of a substitute, by a rollcall vote of 22 to 10, a 
quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 5:
    1. An amendment by Mr. Gohmert to strike the section of the 
bill prohibiting defenses or claims based on the Religious 
Freedom Restoration Act to any enforcement of any of the 
statutes amended by the bill was defeated by a rollcall vote of 
8 to 18.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    2. An amendment by Mr. McClintock to add a rule of 
construction providing that nothing in the Act or any amendment 
made by it should be construed to require a health care 
provider to affirm the gender identity of a minor was defeated 
by a rollcall vote of 7 to 19.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    3. An amendment by Mr. Steube to add a rule of construction 
providing that nothing in the Act or any amendment made by it 
may be construed to require a biological female to face 
competition from a biological male in any sporting event was 
defeated by a rollcall vote of 10 to 22.


    4. An amendment in the nature of a substitute by Mr. Nadler 
making a series of technical revisions to the bill was agreed 
to by a rollcall vote of 22 to 10.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    5. Motion to report H.R. 5, as amended, favorably was 
agreed to by a vote of 22 to 10.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

  New Budget Authority and Tax Expenditures and Congressional Budget 
                          Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.

                    Duplication of Federal Programs

    No provision of H.R. 5 establishes or reauthorizes a 
program of the federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 5 
would amend the Civil Rights Act of 1964 and other federal 
civil rights statutes to prohibit discrimination on the basis 
of sexual orientation and gender identity.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short Title. Section 1 sets forth the short 
title of the bill as the ``Equality Act.''
    Section 2. Findings and Purpose. Section 2(a) sets forth 
various findings about the history, nature, and prevalence of 
discrimination against lesbian, gay, bisexual, transgender, and 
queer (``LGBTQ'') people and discrimination against women by 
places of public accommodation and by entities that receive 
federal financial assistance. Section 2(b) provides that the 
purpose of the Equality Act is to expand, clarify, confirm, and 
create greater consistency in the anti-discrimination 
protections and remedies provided for under current civil 
rights statutes.
    Section 3. Public Accommodations. Section 3(a) amends 
section 201 of the Civil Rights Act of 1964 (``1964 Act''). 
Section 201 of the 1964 Act currently prohibits discrimination 
or segregation on the basis of race, color, religion, or 
national origin by places of public accommodation whose 
operations affect interstate commerce or where discrimination 
is supported by state action. Places of public accommodation 
currently include hotels, restaurants, movie theaters, concert 
halls, sports arenas, stadiums, and any facilities physically 
located within such places. Section 3(a)(1) of the bill would 
add ``sex (including sexual orientation and gender identity)'' 
to the list of characteristics protected by Section 201 of the 
1964 Act. Section 3(a)(2) would also strike ``stadium or other 
place of exhibition or entertainment'' from the list of public 
accommodations under Section 201 and replace it with ``stadium 
or other place of or establishment that provides exhibition, 
entertainment, recreation, exercise, amusement, public 
gathering, or public display.'' It would also add to the list 
of public accommodations covered by Section 201 the following 
places: 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 
that provides health care, accounting, or legal services. 
Finally, it would add any train service, bus service, car 
service, taxi service, airline service, station, depot, or 
other place of or establishment that provides transportation 
service to the list of public accommodations covered by Section 
201.
    Section 3(b) of the bill amends Section 202 of the 1964 
Act. Section 202 currently prohibits discrimination or 
segregation of any kind at any establishment or place based on 
race, color, religion, or national origin where such 
discrimination or segregation is or purports to be required by 
state or local law. Section 3(b) would add ``sex (including 
sexual orientation and gender identity)'' to the list of 
protected characteristics under Section 202 of the 1964 Act.
    Section 3(c) of the bill would amend Title II of the 1964 
Act (governing public accommodations) to add a new Section 208 
setting forth a rule of construction. The rule of construction 
would provide that a reference to an ``establishment'' in Title 
II must be construed to ``include an individual whose 
operations affect commerce and who is a provider of a good, 
service, or program'' and must not be construed ``to be limited 
to a physical facility or place.'' The purpose of this rule of 
construction is to clarify that public accommodations include 
non-physical providers of goods and services, like online-only 
businesses.
    Section 4. Desegregation of Public Facilities. Section 4 of 
the bill amends Section 301(a) of the 1964 Act. Section 301(a) 
currently authorizes the Attorney General to initiate a civil 
action against any appropriate parties and for any appropriate 
relief when: (1) the Attorney General receives a complaint from 
an individual that the individual is being deprived of or 
threatened with the loss of his right to equal protection of 
the laws on account of the individual's race, color, religion, 
or national origin; (2) by a facility owned by a state or one 
of its subdivisions, other than a public school or public 
college; (3) the Attorney General believes that the complaint 
is meritorious and certifies that the person complaining of the 
deprivation is unable to initiate and maintain appropriate 
legal proceedings; and (4) the institution of a civil action by 
the Attorney General would ``materially further the orderly 
progress of desegregation of public facilities.'' Section 4 of 
the bill would add ``sex (including sexual orientation and 
gender identity)'' to the list of bases for discrimination that 
would trigger this litigation authority under Section 301(a) of 
the 1964 Act.
    Section 5. Desegregation of Public Education. Section 5(a) 
amends the definition of ``desegregation'' contained in Section 
401(b) of the 1964 Act, which defines the term for purposes of 
Title IV of the Act (covering discrimination in public 
education). Section 401(b) defines ``desegregation'' to mean 
``the assignment of students to public schools and within such 
schools without regard to their race, color, religion, sex or 
national origin, but `desegregation' shall not mean the 
assignment of students to public schools in order to overcome 
racial imbalance.'' Section 5 of the bill would add 
``(including sexual orientation and gender identity)'' before 
``or national origin.''
    Section 5(b) amends Section 407(a) of the 1964 Act. Section 
407(a) authorizes the Attorney General to pursue a civil action 
when, among other things, he or she receives a written 
complaint ``signed by an individual, or his parent, to the 
effect that he has been denied admission to or not permitted to 
continue in attendance at a public college by reason of race, 
color, religion, sex or national origin.'' Section 5(b) would 
add ``(including sexual orientation and gender identity)'' 
before ``or national origin.''
    Finally, Section 5(c) amends Section 410 of the 1964 Act. 
Section 410 provides that nothing in Title IV of the Act 
``shall prohibit classification and assignment for reasons 
other than race, color, religion, sex or national origin.'' 
Section 5(c) would add ``(including sexual orientation and 
gender identity)'' before ``or national origin.''
    Section 6. Federal Funding. Section 6 amends Section 601 of 
the 1964 Act. Section 601 prohibits discrimination under, 
exclusion from, participation in, or denial of the benefits of 
any program or activity that receives federal funding on the 
ground of race, color, or national origin. Section 6 of the 
bill would add ``sex (including sexual orientation and gender 
identity)'' to the list of protected characteristics.
    Section 7. Employment. Section 7 makes a number of 
amendments to Title VII of the 1964 Act, which governs 
employment discrimination. Section 7(a) provides that the rules 
of construction added to the 1964 Act by Section 9(3) of the 
bill apply to Title VII, except that references in those rules 
to an ``unlawful practice'' should be considered references to 
an ``unlawful employment practice.''
    Section 7(b) amends section 703 of the 1964 Act. Section 
703 outlaws employment discrimination on the basis of ``race, 
color, religion, sex, or national origin.'' Section 7(b) would 
replace references to ``sex'' with references to ``sex 
(including sexual orientation and gender identity).'' It also 
amends Section 703(e)(1). Section 703(e)(1) is an exception to 
the general prohibition on employment discrimination on the 
basis of religion, sex, or national origin for those instances 
where religion, sex, or national origin ``is a bona fide 
occupational qualification reasonably necessary to the normal 
operation of that particular business or enterprise . . . .'' 
Section 7(b) of the bill would add after ``enterprise'' the 
clarification that this exception applies only if ``in a 
situation in which sex is a bona fide occupational 
qualification, individuals are recognized as qualified in 
accordance with their gender identity.'' For example, if it 
were a bona fide occupational qualification for a position that 
the employee or applicant be a woman, the employer would be 
allowed to discriminate against men but could not discriminate 
against a transgender woman.
    Section 7(c) of the bill amends Section 704(b) of the 1964 
Act. Section 704(b) makes it an unlawful employment practice 
for ``an employer, labor organization, employment agency, or 
joint labor-management committee controlling apprenticeship or 
other training or retraining'' to print or publish or cause to 
be printed or published any notice or advertisement relating to 
employment or membership indicating any preference, limitation, 
specification, or discrimination based on race, color, 
religion, sex, or national origin. Section 704(b) also makes an 
exception for situations when religion, sex, or national origin 
is a bona fide occupational qualification for employment. 
Section 7(c) of the bill explicitly clarifies that the 
prohibition on sex discrimination in this context includes 
sexual orientation and gender identity. It also clarifies that, 
with respect to the ``bona fide occupation qualification'' 
exception, ``sex'' can constitute a bona fide occupational 
qualification only where individuals are recognized as 
qualified in accordance with their gender identity.
    Section 7(d) of the bill amends Section 706(g)(2)(A) of the 
1964 Act. Section 706(g)(2)(A) provides that no court order may 
``require the admission or reinstatement of an individual as a 
member of a union, or the hiring, reinstatement, or promotion 
of an individual as an employee, or the payment to him of any 
back pay, if such individual was refused admission, suspended, 
or expelled, or was refused employment or advancement or was 
suspended or discharged for any reason other than 
discrimination on account of race, color, religion, sex, or 
national origin or'' in retaliation for opposing an employment 
practice that is unlawful under Title VII. Section 7(d) 
clarifies that ``sex'' as used in this provision includes 
sexual orientation and gender identity.
    Section 7(e) amends Section 717 of the 1964 Act. Section 
717, among other things, makes it unlawful for the federal 
government to discriminate in employment decisions based on 
race, color, religion, sex, or national origin. Section 7(e) 
clarifies that ``sex'' as used in this provision includes 
sexual orientation and gender identity.
    Section 7(f) amends the Government Employee Rights Act of 
1991 (``GERA''). The GERA prohibits discrimination against 
presidential appointees and certain other government officials 
based on, among other things, race, color, religion, sex, or 
national origin. Section 7(f) clarifies that ``sex'' as used in 
this Act includes sexual orientation and gender identity. It 
also adds at the end a provision applying to the Act by cross-
reference the rules of construction and the provision 
prohibiting the Religious Freedom Restoration Act (``RFRA'') to 
be used as a basis for a claim or defense against enforcement 
of the civil rights statutes amended by H.R. 5 that were added 
to the 1964 Act by Section 9 of the bill, except that a 
reference to the protected classes in those provisions also 
includes age and disability as protected characteristics under 
the GERA.
    Section 7(g) amends the Congressional Accountability Act of 
1995 (``CAA''). The CAA applied various labor and employment 
laws to Congress, including the employment discrimination 
prohibitions under Title VII of the 1964 Act. Section 7(g)(1) 
clarifies that the prohibition on sex discrimination includes 
prohibitions on discrimination based on sexual orientation and 
gender identity. Section 7(g)(2) adds a provision applying to 
the Act by cross-reference the rules of construction and the 
RFRA-related provision that were added to the 1964 Act by 
Section 9 of the bill, except that a reference to the protected 
classes in those provisions also includes age and disability as 
protected characteristics under the CAA.
    Section 7(h) amends the Civil Service Reform Act of 1978 
(``CSRA''). The CSRA generally establishes various rules and 
procedures governing the federal civil service. Section 
2301(b)(2) of the Act provides that ``All employees and 
applicants for employment should receive fair and equitable 
treatment in all aspects of personnel management without regard 
to political affiliation, race, color, religion, national 
origin, sex, marital status, age, or handicapping condition, 
and with proper regard for their privacy and constitutional 
rights.'' Section 7(h)(1) would explicitly clarify that ``sex'' 
as used in this provision includes sexual orientation and 
gender identity. Section 7(h)(2) would make a similar 
clarification in Section 2302(b)(1)(A) of the Act, which 
prohibits a supervisory employee from discriminating against a 
subordinate on the basis of race, color, religion, sex, or 
national origin, and to Section 2303(d)(1) of the CSRA, which 
provides that the Act does not diminish, among other things, 
any right or remedy under Title VII of the 1964 Act. Finally, 
Section 7(h)(3) of the bill adds a provision applying to the 
CSRA by cross-reference the rules of construction and the RFRA-
related provision that were added to the 1964 Act by Section 9 
of the bill, except that a reference to the protected classes 
in those provisions also includes age, a ``handicapping 
condition,'' marital status, and political affiliation as 
protected characteristics under the CSRA.
    Section 8. Intervention. Section 8 of the bill amends 
Section 902 of the 1964 Act. Section 902 authorizes the 
Attorney General to intervene in any civil action ``seeking 
relief from the denial of equal protection of the laws under 
the fourteenth amendment to the Constitution on account of 
race, color, religion, sex or national origin'' where the 
Attorney General certifies that the case is of general public 
importance. Section 8 would expressly clarify that ``sex'' as 
used in this provision includes sexual orientation and gender 
identity.
    Section 9. Miscellaneous. Section 9 of the bill amends 
Title XI of the 1964 Act. Title XI contains miscellaneous 
provisions of the Act, including provisions governing criminal 
contempt, providing the Attorney General with authority to 
intervene in cases under certain circumstances, rules of 
construction, and authorization of appropriations. Section 9(1) 
of the bill re-designates Sections 1101 through 1104 and 
sections 1105 and 1106 of the 1964 Act as Sections 1102 through 
1105 and 1108 and 1109, respectively.
    Section 9(2) creates a new Section 1101 of the 1964 Act. 
New Section 1101(a) would provide definitions for certain terms 
used in Titles II, III, IV, VI, VII, and IX of the 1964 Act, 
referred to collectively as the ``covered titles.'' New Section 
1101(a)(1) defines ``race, color, religion, sex (including 
sexual orientation and gender identity), or national origin'', 
when used with respect to an individual, to include (A) the 
race, color, religion, sex (including sexual orientation and 
gender identity), or national origin, respectively, of another 
person with whom the individual is 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. These changes comport the statute with the 
reasoning of judicial and administrative decisions finding that 
associational discrimination and discrimination based on 
perceived protected characteristics can constitute unlawful 
discrimination under the 1964 Act.
    New Section 1101(a)(2) defines ``gender identity'' to mean 
``the gender-related identity, appearance, mannerisms, or other 
gender-related characteristics of an individual, regardless of 
the individual's designated sex at birth.''
    New Section 1101(a)(3) defines ``including'' to mean 
``including, but not limited to,'' consistent with the term's 
standard meaning in federal law.
    New Section 1101(a)(4) defines ``sex'' to include: (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. This definition 
conforms the statute with judicial and administrative decisions 
interpreting portions of the 1964 Act in this manner.
    New Section 1101(a)(5) defines ``sexual orientation'' to 
mean ``homosexuality, heterosexuality, or bisexuality.''
    New Section 1101(b)(1) provides that, with respect to any 
of the covered titles of the 1964 Act, pregnancy, childbirth, 
or a related medical condition may not receive less favorable 
treatment than other physical conditions when considering a 
claim of sex-based discrimination.
    New Section 1101(b)(2) 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 person's gender identity.
    Section 9(3) of the bill creates new Sections 1106 and 1107 
of the 1964 Act. New Section 1106(a) provides a rule of 
construction specifying that nothing in the definitions of the 
Act or in any covered title shall be construed to either limit 
the protection against employment discrimination on the basis 
of pregnancy, childbirth, or a related medical or any other 
protection against sex discrimination under any other provision 
of federal law.
    New Section 1106(b) provides that nothing in the Act's 
definitions or in any covered title shall be construed to limit 
claims or remedies available to an individual for 
discrimination based on race, color, religion, sex (including 
sexual orientation and gender identity), or national origin 
under any other law, regulation, or policy.
    New Section 1106(c) provides that nothing in the Act's 
definitions or in any covered title shall be construed to 
support an inference that any federal law prohibiting sex 
discrimination does not also prohibit discrimination on the 
basis of pregnancy, childbirth, or a related medical condition, 
sexual orientation, gender identity, or a sex stereotype.
    New Section 1107 provides an exception to RFRA. RFRA 
provides that, in order to survive a legal challenge, 
government action that places a substantial burden on the free 
exercise of religion must serve a compelling government 
interest and be the least restrictive means available to serve 
that interest. New Section 1107 states that RFRA shall not 
provide a claim or defense or a basis for challenging the 
application or enforcement of a covered title under the 1964 
Act.
    Section 10. Housing. Section 10 of the bill amends the Fair 
Housing Act. Section 10(a) amends Section 802 of the Act, which 
contains definitions for terms used in the Act. Section 
10(a)(1) would add definitions for ``gender identity,'' 
``sex,'' and ``sexual orientation'' through a cross-reference 
to the definitions of those terms provided in new Section 
1101(a) of the 1964 Act (added by Section 9(2) of the bill). 
Section 10(a)(1) also adds a clarifying definition for ``race, 
color, religion, sex (including sexual orientation and gender 
identity), handicap, familial status, or national origin'' to 
provide that these terms, when used with respect to an 
individual, include: (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 or has been associated; or 
(2) a perception or belief concerning the individual's race, 
color, religion, sex (including sexual orientation and gender 
identity), handicap, familial status, or national origin.
    Section 10(a)(2) of the bill amends Section 804 of the Fair 
Housing Act. Section 804 prohibits discrimination on the basis 
of race, color, religion, sex, familial status, or national 
origin in the sale or rental of housing. Section 10(a)(2) would 
make clear that sex discrimination in this context includes 
discrimination based on sexual orientation or gender identity 
by inserting ``(including sexual orientation and gender 
identity)'' after ``sex'' in every place that term appears in 
Section 804.
    Section 10(a)(3) of the bill amends Section 805 of the Fair 
Housing Act. Section 805 prohibits discrimination on the basis 
of race, color, religion, sex, handicap, familial status, or 
national origin in real estate-related transactions. Section 
10(a)(3) would make clear that sex discrimination in this 
context includes discrimination based on sexual orientation or 
gender identity by inserting ``(including sexual orientation 
and gender identity)'' after ``sex'' in every place that term 
appears in Section 805.
    Section 10(a)(4) of the bill amends Section 806 of the Fair 
Housing Act. Section 806 prohibits discrimination on the basis 
of race, color, religion, sex, handicap, familial status, or 
national origin in the provision of brokerage services. Section 
10(a)(4) would make clear that sex discrimination in this 
context includes discrimination on the basis of sexual 
orientation or gender identity by inserting ``(including sexual 
orientation and gender identity'' after ``sex.''
    Section 10(a)(5) of the bill amends Section 808(e)(6) of 
the Fair Housing Act. Section 808(e)(6) requires the Secretary 
of Housing and Urban Development to issue a report to Congress 
and the public providing ``data on the race, color, religion, 
sex, national origin, age, handicap, and family 
characteristics'' of persons and households who are applicants 
for, participants in, or beneficiaries or potential 
beneficiaries of, programs administered by the Department of 
Housing and Urban Development. Section 10(a)(5) amends this 
provision by adding ``(including sexual orientation and gender 
identity)'' after ``sex.''
    Section 10(a)(6) adds at the end of the Fair Housing Act 
new Sections 821 and 822. New Section 821 adds to the Fair 
Housing Act and Section 901 of the Civil Rights Act of 1968 
(which provides criminal penalties for certain acts of 
discrimination with respect to housing) by cross-reference the 
rules of construction added to the 1964 Act by Sections 9(2) 
and 9(3) of the bill, except that references to a ``covered 
title'' in those provisions would refer instead to the Fair 
Housing Act and Section 901. Similarly, Section 10(a)(6) would 
also add a new Section 822, which would add to the Fair Housing 
Act and Section 901 by cross-reference the RFRA-related 
provision added to the 1964 Act by Section 9(3) of the bill), 
except that the Fair Housing Act and Section 901 would be the 
``covered title'' for purposes of this section.
    Section 10(b) amends Section 901 of the Civil Rights Act of 
1968. Section 901 provides for criminal penalties for any 
person who, among other things, by force or threat of force, 
willfully injures, intimidates or interferes with, or attempts 
to injure, intimidate or interfere with any person because he 
or she is, or is engaged in activities related to, selling, 
purchasing, or renting housing, because of his race, color, 
religion, sex, handicap, familial status, or national origin. 
Section 10(b) inserts ``(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'' in each place that term appears in Section 901.
    Section 11. Equal Credit Opportunity. Section 11(a) of the 
bill amends Section 701(a)(1) of the Equal Credit Opportunity 
Act (``ECOA''). Section 701(a)(1) prohibits a creditor from 
discriminating against a credit applicant ``on the basis of 
race, color, religion, national origin, sex or marital status, 
or age (provided the applicant has the capacity to contract).'' 
Section 11(a) inserts ``(including sexual orientation and 
gender identity)'' after ``sex'' in Section 701(a)(1).
    Section 11(b) amends Section 702 of ECOA, which contains 
the definitions for certain terms as used in the Act. Section 
11(b) would add a provision defining ``gender identity,'' 
``sex,'' and ``sexual orientation'' with a cross reference to 
the definitions of these terms in Section 1101(a) of the 1964 
Act (as added by Section 9(2) of the bill.) Similarly, it would 
add a provision to Section 702 clarifying that the terms 
``race, color, religion, national origin, sex (including sexual 
orientation and gender identity), marital status, or age,'' as 
used with respect to an individual, includes these respective 
characteristics as to another person with whom the individual 
is or has been associated and any perception or belief, even if 
inaccurate, regarding the individual's race, color, religion, 
national origin, sex, marital status, or age. Finally, Section 
11(b) would add at the end of Section 702 a provision applying 
the rules outlined in Section 1101(b) (concerning pregnancy and 
childbirth, gender identity and shared facilities) and the 
rules of construction in Section 1106 of the 1964 Act (as added 
by Sections 9(2) and 9(3) of the bill) apply to ECOA, except 
that references to a ``covered title'' would refer to ECOA and 
that 1101(b) would apply to all aspects of a credit 
transaction.
    Section 11(c) amends Section 705(a) of ECOA. Section 705(a) 
provides that ``A request for the signature of both parties to 
a marriage for the purpose of creating a valid lien, passing 
clear title, waiving inchoate rights to property, or assigning 
earnings, shall not constitute discrimination under this 
subchapter: Provided, however, That this provision shall not be 
construed to permit a creditor to take sex or marital status 
into account in connection with the evaluation of 
creditworthiness of any applicant.'' Section 11(c) would insert 
``(including sexual orientation and gender identity)'' after 
``sex.''
    Section 11(d) amends Section 706 of ECOA. Section 706 
governs private rights of action to enforce ECOA. Section 11(d) 
would add at the end a new subparagraph (l) providing that the 
RFRA-related provision contained in Section 1107 of the 1964 
Act (added by Section 9(3) of the bill) applies, except that 
its reference to a ``covered title'' would be considered a 
reference to ECOA.
    Section 12. Juries. Section 12 of the bill amends various 
provisions of Chapter 121 of Title 28 of the United States 
Code, which outlines jury-related requirements for federal 
courts. Section 12(a)(1) amends 28 U.S.C. Sec. 1862, which 
prohibits discrimination against citizens from serving on 
federal juries ``on account of race, color, religion, sex, 
national origin, or economic status.'' Section 12(a)(1) inserts 
``(including sexual orientation and gender identity)'' after 
``sex.''
    Section 12(a)(2) amends 28 U.S.C. Sec. 1867(e), which 
provides that the procedures outlined in Section 1867 shall be 
the exclusive procedures for challenging juror selection in 
federal court. The second sentence of Section 1867(e) clarifies 
that nothing ``in this section shall preclude any person or the 
United States from pursuing any other remedy, civil or 
criminal, which may be available for the vindication or 
enforcement of any law prohibiting discrimination on account of 
race, color, religion, sex, national origin or economic status 
in the selection of persons for service on grand or petit 
juries.'' Section 12(a)(2) inserts ``(including sexual 
orientation and gender identity)'' after ``sex.''
    Section 12(a)(3) amends 28 U.S.C. Sec. 1869, which defines 
certain terms used in jury-related provisions of the United 
States Code. Section 12(a)(3) adds by cross reference to 
Section 1101(a) of the 1964 Act (as added by Section 9 of the 
bill) definitions of ``gender identity,'' ``sex,'' and ``sexual 
orientation.'' It also provides that ``race, color, religion, 
sex (including sexual orientation and gender identity), 
economic status, or national origin, as applied to an 
individual, includes'' these characteristics with respect to 
another person who is or has been associated with the 
individual and the perception or belief, even if inaccurate, of 
the individuals race, color, religion, sex (including sexual 
orientation and gender identity), economic status, or national 
origin.
    Section 12(a)(4) adds at the end of Chapter 121 of Title 28 
a new Section 1879 that applies the pregnancy and gender 
identity-related rules of construction and RFRA-related 
provision outlined in Sections 1101(b), 1106, and 1107 of the 
1964 Act (as added by Section 9 of the bill), except that 
references to ``covered title'' in those sections are to be 
considered references to Chapter 121.
    Finally, Section 12(b) of the bill makes technical and 
conforming amendments to the table of sections for Chapter 121 
of Title 28.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 5, as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                        CIVIL RIGHTS ACT OF 1964




           *       *       *       *       *       *       *
TITLE II--INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF PUBLIC 
                             ACCOMMODATION

  Sec. 201. (a) All persons shall be entitled to the full and 
equal enjoyment of the goods, services, facilities, privileges, 
advantages, and accommodations of any place of public 
accommodation, as defined in this section, without 
discrimination or segregation on the ground of race, color, 
religion, sex (including sexual orientation and gender 
identity), or national origin.
  (b) Each of the following establishments which serves the 
public is a place of public accommodation within the meaning of 
this title if its operations affect commerce, or if 
discrimination or segregation by it is supported by State 
action:
          (1) any inn, hotel, motel, or other establishment 
        which provides lodging to transient guests, other than 
        an establishment located within a building which 
        contains not more than five rooms for rent or hire and 
        which is actually occupied by the proprietor of such 
        establishment as his residence;
          (2) any restaurant cafeteria, lunchroom, lunch 
        counter, soda fountain, other facility principally 
        engaged in selling food for consumption on the 
        premises, including but not limited to, any such 
        facility located on the premises of any retail 
        establishment; or any gasoline station;
          (3) any motion picture house, theater, concert hall, 
        sports arena, [stadium or other place exhibition or 
        entertainment; and] stadium or other place of or 
        establishment that provides exhibition, entertainment, 
        recreation, exercise, amusement, public gathering, or 
        public display;
          (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
          [(4)] (6) any establishment (A)(i) which is 
        physically located within the premises of any 
        establishment otherwise covered by this subsection, or 
        (ii) within the premises of which is physically located 
        any such covered establishment, and (B) which holds 
        itself out as serving patrons of such covered 
        establishment.
  (c) The operations of an establishment affect commerce within 
the meaning of this title if (1) it is one of the 
establishments described in paragraph (1) of subsection (b); 
(2) in the case of an establishment described in paragraph (2) 
of subsection (b), it serves or offers to serve interstate 
travelers or a substantial portion of the food which it serves, 
or gasoline or other products which it sells, has moved in 
commerce; (3) in the case of an establishment described in 
paragraph (3) of subsection (b), it customarily presents films, 
performances, athletic teams, exhibitions, or other sources of 
entertainment which move in commerce; and (4) in the case of an 
establishment described in paragraph (4) of subsection (b), it 
is physically located within the premises of, or there is 
physically located within its premises, and establishment the 
operations of which affect commerce within the meaning of this 
subsection. For purposes of this section, ``commerce'' means 
travel, trade, traffic, commerce, transportation, or 
communication among the several States, or between the District 
of Columbia and any State, or between any foreign country or 
any territory or possession and any State or the District of 
Columbia, or between points in the same State but through any 
other State or the District of Columbia or a foreign country.
  (d) Discrimination or segregation by an establishment is 
supported by State action within the meaning of this title if 
such discrimination or segregation (1) is carried on under 
color of any law, statute, ordinance, or regulation; or (2) is 
carried on under color of any custom or usage required or 
enforced by officials of the State or political subdivision 
thereof; or (3) is required by action of the State or political 
subdivision thereof.
  (e) The provisions of this title shall not apply to private 
club or other establishment not in fact open to the public, 
except to the extent that the facilities of such establishment 
are made available to the customers or patrons of an 
establishment within the scope of subsection (b).
  Sec. 202. All persons shall be entitled to be free, at any 
establishment or place, from discrimination or segregation of 
any kind on the ground of race, color, religion, sex (including 
sexual orientation and gender identity), or national origin, if 
such discrimination or segregation is or purports to be 
required by any law, statute, ordinance, regulation, rule, or 
order of a State or any agency or political subdivision 
thereof.

           *       *       *       *       *       *       *


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.

             TITLE III--DESEGREGATION OF PUBLIC FACILITIES

  Sec. 301. (a) Whenever the Attorney General receives a 
complaint in writing signed by an individual to the effect that 
he is being deprived of or threatened with the loss of his 
right to the equal protection of the laws, on account of his 
race, color, religion, sex (including sexual orientation and 
gender identity), or national origin, by being denied equal 
utilization of any public facility, which is owned, operated, 
or managed by or on behalf of any State or subdivision thereof, 
other than a public school or public college as defined in 
section 401 of title IV hereof, and the Attorney General 
believes the complaint is meritorious and certifies that the 
signer or signers of such complaint are unable, in his 
judgment, to initiate and maintain appropriate legal 
proceedings for relief and that the institution of an action 
will materially further the orderly progress of desegregation 
in public facilities, the Attorney General is authorized to 
institute for or in the name of the United States a civil 
action in any appropriate district court of the United States 
against such parties and for such relief as may be appropriate, 
and such court shall have and shall exercise jurisdiction of 
proceedings instituted pursuant to this section. The Attorney 
General may implead as defendants such additional parties as 
are or become necessary to the grant of effective relief 
hereunder.
  (b) The Attorney General may deem a person or persons unable 
to initiate and maintain appropriate legal proceedings within 
the meaning of subsection (a) of this section when such person 
or persons are unable, either directly or through other 
interested persons or organizations, to bear the expense of the 
litigation or to obtain effective legal representation; or 
whenever he is satisfied that the institution of such 
litigation would jeopardize the personal safety, employment, or 
economic standing of such person or persons, their families, or 
their property.

           *       *       *       *       *       *       *


              TITLE IV--DESEGREGATION OF PUBLIC EDUCATION


                              definitions

  Sec. 401. As used in this title--
  (a) ``Commissioner'' means the Commissioner of Education.
  (b) ``Desegregation'' means the assignment of students to 
public schools and within such schools without regard to their 
race, color, religion, sex (including sexual orientation and 
gender identity), or national origin, but ``desegregation'' 
shall not mean the assignment of students to public schools in 
order to overcome racial imbalance.
  (c) ``Public school'' means any elementary or secondary 
educational institution, and ``public college'' means any 
institution of higher education or any technical or vocational 
school above the secondary school level, provided that such 
public school or public college is operated by a State, 
subdivision of a State, or governmental agency within a State, 
or operated wholly or predominantly from or through the use of 
governmental funds or property, or funds or property derived 
from a governmental source.
  (d) ``School board'' means any agency or agencies which 
administer a system of one or more public schools and any other 
agency which is responsible for the assignment of students to 
or within such system.

           *       *       *       *       *       *       *


                     suits by the attorney general

  Sec. 407. (a) Whenever the Attorney General receives a 
complaint in writing--
          (1) signed by a parent or group of parents to the 
        effect that his or their minor children, as members of 
        a class of persons similarly situated, are being 
        deprived by a school board of the equal protection of 
        the laws, or
          (2) signed by an individual, or his parent, to the 
        effect that he has been denied admission to or not 
        permitted to continue in attendance at a public college 
        by reason or race, color, religion, sex (including 
        sexual orientation and gender identity), or national 
        origin,
and the Attorney General believes the complaint is meritorious 
and certifies that the signer or signers of such complaint are 
unable, in his judgment, to initiate and maintain appropriate 
legal proceedings for relief and that the institution of an 
action will materially further the orderly achievement of 
desegregation in public education, the Attorney General is 
authorized, after giving notice of such complaint to the 
appropriate school board or college authority and after 
certifying that he is satisfied that such board or authority 
has had a reasonable time to adjust the conditions alleged in 
such complaint, to institute for or in the name of the United 
States a civil action in any appropriate district court of the 
United States against such parties and for such relief as may 
be appropriate, and such court shall have and shall exercise 
jurisdiction of proceedings instituted pursuant to this 
section, provided that nothing herein shall empower any 
official or court of the United States to issue any order 
seeking to achieve a racial balance in any school by requiring 
the transportation of pupils or students from one school to 
another or one school district to another in order to achieve 
such racial balance, or otherwise enlarge the existing power of 
the court to insure compliance with constitutional standards. 
The Attorney General may implead as defendants such additional 
parties as are or become necessary to the grant of effective 
relief hereunder.
  (b) The Attorney General may deem a person or persons unable 
to initiate and maintain appropriate legal proceedings within 
the meaning of subsection (a) of this section when such person 
or persons are unable, either directly or through other 
interested persons or organizations, to bear the expense of the 
litigation or to obtain effective legal representation; or 
whenever he is satisfied that the institution of such 
litigation would jeopardize the personal safety, employment, or 
economic standing of such person or persons, their families, or 
their property.
  (c) The term ``parent'' as used in this section includes any 
person standing in loco parentis. A ``complaint'' as used in 
this section is a writing or document within the meaning of 
section 1001, title 18, United States Code.

           *       *       *       *       *       *       *

  Sec. 410. Nothing in this title shall prohibit classification 
and assignment for reasons other than race, color, religion, 
sex (including sexual orientation and gender identity), or 
national origin.

           *       *       *       *       *       *       *


       TITLE VI--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

  Sec. 601. No person in the United States shall, on the ground 
of race, color, sex (including sexual orientation and gender 
identity), or national origin, be excluded from participation 
in, be denied the benefits of, or be subjected to, 
discrimination under any program or activity receiving Federal 
financial assistance.

           *       *       *       *       *       *       *


TITLE VII--EQUAL EMPLOYMENT OPPORTUNITY

           *       *       *       *       *       *       *



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''.

           *       *       *       *       *       *       *


discrimination because of race, color, religion, [sex,]  sex (including 
      sexual orientation and gender identity), or national origin

  Sec. 703. (a) It shall be an unlawful employment practice for 
an employer--
          (1) to fail or refuse to hire or to discharge any 
        individual, or otherwise to discriminate against any 
        individual with respect to his compensation, terms, 
        conditions, or privileges of employment, because of 
        such individual's race, color, religion, [sex,] sex 
        (including sexual orientation and gender identity), or 
        national origin; or
          (2) to limit, segregate, or classify his employees or 
        applicants for employment in any way which would 
        deprive or tend to deprive any individual of employment 
        opportunities or otherwise adversely affect his status 
        as an employee, because of such individual's race, 
        color, religion, [sex,] sex (including sexual 
        orientation and gender identity), or national origin.
  (b) It shall be an unlawful employment practice for an 
employment agency to fail or refuse to refer for employment, or 
otherwise discriminate against, any individual because of his 
race, color, religion, [sex,] sex (including sexual orientation 
and gender identity), or national origin, or to classify or 
refer for employment any individual on the basis of his race, 
color, religion, [sex,] sex (including sexual orientation and 
gender identity), or national origin.
  (c) It shall be an unlawful employment practice for a labor 
organization--
          (1) to exclude or to expel from its membership, or 
        otherwise to discriminate against, any individual 
        because of his race, color, religion, [sex,] sex 
        (including sexual orientation and gender identity), or 
        national origin;
          (2) to limit, segregate, or classify its membership 
        or applicants for membership, or to classify or fail or 
        refuse to refer for employment any individual, in any 
        way which would deprive or tend to deprive any 
        individual of employment opportunities, or would limit 
        such employment opportunities or otherwise adversely 
        affect his status as an employee or as an applicant for 
        employment, because of such individual's race, color 
        religion, [sex,] sex (including sexual orientation and 
        gender identity), or national origin; or
          (3) to cause or attempt to cause an employer to 
        discriminate against an individual in violation of this 
        section.
  (d) It shall be an unlawful employment practice for any 
employer, labor organization, or joint labor-management 
committee controlling apprenticeship or other training or 
retraining, including on-the-job training programs to 
discriminate against any individual because of his race, color, 
religion, [sex,] sex (including sexual orientation and gender 
identity), or national origin in admission to, or employment 
in, any program established to provide apprenticeship or other 
training.
  (e) Notwithstanding any other provision of this title, (1) it 
shall not be an unlawful employment practice for an employer to 
hire and employ employees, for an employment agency to 
classify, or refer for employment any individual, for a labor 
organization to classify its membership or to classify or refer 
for employment any individual, or for an employer, labor 
organization, or joint labor-management committee controlling 
apprenticeship or other training or retraining programs to 
admit or employ any individual in any such program, on the 
basis of his religion, sex, or national origin in those certain 
instances where religion, sex, or national origin is a bona 
fide occupational qualification reasonably necessary to the 
normal operation of that particular business or [enterprise,] 
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 (2) it 
shall not be an unlawful employment practice for a school, 
college, university, or other educational institution or 
institution of learning to hire and employ employees of a 
particular religion if such school, college, university, or 
other educational institution or institution of learning is, in 
whole or in substantial part, owned, supported, controlled, or 
managed by a particular religion or by a particular religious 
corporation, association, or society, or if the curriculum of 
such school, college, university, or other educational 
institution or institution of learning is directed toward the 
propagation of a particular religion.
  (f) As used in this title, the phrase ``unlawful employment 
practice'' shall not be deemed to include any action or measure 
taken by any employer, labor organization, joint labor-
management committee, or employment agency with respect to an 
individual who is a member of the Communist Party of the United 
States or of any other organization required to register as a 
Communist-action or Communist-front organization by final order 
of the Subversive Activities Control Board pursuant to the 
Subversive Activities Control Act of 1950.
  (g) Notwithstanding any other provision of this title, it 
shall not be an unlawful employment practice for an employer to 
fail or refuse to hire and employ any individual for any 
position, for an employer to discharge any individual from any 
position, or for an employment agency to fail or refuse to 
refer any individual for employment in any position, or for a 
labor organization to fail or refuse to refer any individual 
for employment in any position, if--
          (1) the occupancy of such position, or access to the 
        premises in or upon which any part of the duties of 
        such position is performed or is to be performed, is 
        subject to any requirement imposed in the interest of 
        the national security of the United States under any 
        security program in effect pursuant to or administered 
        under any statute of the United States or any Executive 
        order of the President; and
          (2) such individual has not fulfilled or has ceased 
        to fulfill that requirement.
  (h) Notwithstanding any other provision of this title, it 
shall not be an unlawful employment practice for an employer to 
apply different standards of compensation, or different terms, 
conditions, or privileges of employment pursuant to a bona fide 
seniority or merit system, or a system which measures earnings 
by quantity or quality of production or to employees who work 
in different locations, provided that such differences are not 
the result of an intention to discriminate because of race, 
color, religion, [sex,] sex (including sexual orientation and 
gender identity), or national origin, nor shall it be an 
unlawful employment practice for an employer to give and to act 
upon the results of any professionally developed ability test 
provided that such test, its administration or action upon the 
results is not designed, intended or used to discriminate 
because of race, color, religion, sex or national origin. It 
shall not be an unlawful employment practice under this title 
for any employer to differentiate upon the basis of sex in 
determining the amount of the wages or compensation paid or to 
be paid to employees of such employer if such differentiation 
is authorized by the provisions of section 6(d) of the Fair 
Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)).
  (i) Nothing contained in this title shall apply to any 
business or enterprise on or near an Indian reservation with 
respect to any publicly announced employment practice of such 
business or enterprise under which a preferential treatment is 
given to any individual because he is an Indian living on or 
near a reservation.
  (j) Nothing contained in this title shall be interpreted to 
require any employer, employment agency, labor organization, or 
joint labor-management committee subject to this title to grant 
preferential treatment to any individual or to any group 
because of the race, color, religion, [sex,] sex (including 
sexual orientation and gender identity), or national origin of 
such individual or group on account of an imbalance which may 
exist with respect to the total number or percentage of persons 
of any race, color, religion, [sex,] sex (including sexual 
orientation and gender identity), or national origin employed 
by any employer, referred or classified for employment by any 
employment agency or labor organization, admitted to membership 
or classified by any labor organization, or admitted to, or 
employed in, any apprenticeship or other training program, in 
comparison with the total number or percentage of persons of 
such race, color, religion, [sex,] sex (including sexual 
orientation and gender identity), or national origin in any 
community, State, section, or other area, or in the available 
work force in any community, State, section, or other area.
  (k)(1)(A) An unlawful employment practice based on disparate 
impact is established under this title only if--
          (i) a complaining party demonstrates that a 
        respondent uses a particular employment practice that 
        causes a disparate impact on the basis of race, color, 
        religion, [sex,] sex (including sexual orientation and 
        gender identity), or national origin and the respondent 
        fails to demonstrate that the challenged practice is 
        job related for the position in question and consistent 
        with business necessity; or
          (ii) the complaining party makes the demonstration 
        described in subparagraph (C) with respect to an 
        alternative employment practice and the respondent 
        refuses to adopt such alternative employment practice.
  (B)(i) With respect to demonstrating that a particular 
employment practice causes a disparate impact as described in 
subparagraph (A)(i), the complaining party shall demonstrate 
that each particular challenged employment practice causes a 
disparate impact, except that if the complaining party can 
demonstrate to the court that the elements of a respondent's 
decisionmaking process are not capable of separation for 
analysis, the decisionmaking process may be analyzed as one 
employment practice.
  (ii) If the respondent demonstrates that a specific 
employment practice does not cause the disparate impact, the 
respondent shall not be required to demonstrate that such 
practice is required by business necessity.
  (C) The demonstration referred to by subparagraph (A)(ii) 
shall be in accordance with the law as it existed on June 4, 
1989, with respect to the concept of ``alternative employment 
practice''.
  (2) A demonstration that an employment practice is required 
by business necessity may not be used as a defense against a 
claim of intentional discrimination under this title.
  (3) Notwithstanding any other provision of this title, a rule 
barring the employment of an individual who currently and 
knowingly uses or possesses a controlled substance, as defined 
in schedules I and II of section 102(6) of the Controlled 
Substances Act (21 U.S.C. 802(6)), other than the use or 
possession of a drug taken under the supervision of a licensed 
health care professional, or any other use or possession 
authorized by the Controlled Substances Act or any other 
provision of Federal law, shall be considered an unlawful 
employment practice under this title only if such rule is 
adopted or applied with an intent to discriminate because of 
race, color, religion, [sex,] sex (including sexual orientation 
and gender identity), or national origin.
  (l) It shall be an unlawful employment practice for a 
respondent, in connection with the selection or referral of 
applicants or candidates for employment or promotion, to adjust 
the scores of, use different cutoff scores for, or otherwise 
alter the results of, employment related tests on the basis of 
race, color, religion, [sex,] sex (including sexual orientation 
and gender identity), or national origin.
  (m) Except as otherwise provided in this title, an unlawful 
employment practice is established when the complaining party 
demonstrates that race, color, religion, [sex,] sex (including 
sexual orientation and gender identity), or national origin was 
a motivating factor for any employment practice, even though 
other factors also motivated the practice.
  (n)(1)(A) Notwithstanding any other provision of law, and 
except as provided in paragraph (2), an employment practice 
that implements and is within the scope of a litigated or 
consent judgment or order that resolves a claim of employment 
discrimination under the Constitution or Federal civil rights 
laws may not be challenged under the circumstances described in 
subparagraph (B).
  (B) A practice described in subparagraph (A) may not be 
challenged in a claim under the Constitution or Federal civil 
rights laws--
          (i) by a person who, prior to the entry of the 
        judgment or order described in subparagraph (A), had--
                  (I) actual notice of the proposed judgment or 
                order sufficient to apprise such person that 
                such judgment or order might adversely affect 
                the interests and legal rights of such person 
                and that an opportunity was available to 
                present objections to such judgment or order by 
                a future date certain; and
                  (II) a reasonable opportunity to present 
                objections to such judgment or order; or
          (ii) by a person whose interests were adequately 
        represented by another person who had previously 
        challenged the judgment or order on the same legal 
        grounds and with a similar factual situation, unless 
        there has been an intervening change in law or fact.
  (2) Nothing in this subsection shall be construed to--
          (A) alter the standards for intervention under rule 
        24 of the Federal Rules of Civil Procedure or apply to 
        the rights of parties who have successfully intervened 
        pursuant to such rule in the proceeding in which the 
        parties intervened;
          (B) apply to the rights of parties to the action in 
        which a litigated or consent judgment or order was 
        entered, or of members of a class represented or sought 
        to be represented in such action, or of members of a 
        group on whose behalf relief was sought in such action 
        by the Federal Government;
          (C) prevent challenges to a litigated or consent 
        judgment or order on the ground that such judgment or 
        order was obtained through collusion or fraud, or is 
        transparently invalid or was entered by a court lacking 
        subject matter jurisdiction; or
          (D) authorize or permit the denial to any person of 
        the due process of law required by the Constitution.
  (3) Any action not precluded under this subsection that 
challenges an employment consent judgment or order described in 
paragraph (1) shall be brought in the court, and if possible 
before the judge, that entered such judgment or order. Nothing 
in this subsection shall preclude a transfer of such action 
pursuant to section 1404 of title 28, United States Code.

                  other unlawful employment practices

  Sec. 704. (a) It shall be an unlawful employment practice for 
an employer to discriminate against any of his employees or 
applicants for employment, for an employment agency, or joint 
labor-management committee controlling apprenticeship or other 
training or retraining, including on-the-job training programs, 
to discriminate against any individual, or for a labor 
organization to discriminate against any member thereof or 
applicant for membership, because he has opposed any practice 
made an unlawful employment practice by this title, or because 
he has made a charge, testified, assisted, or participated in 
any manner in an investigation, proceeding, or hearing under 
this title.
  (b) It shall be an unlawful employment practice for an 
employer, labor organization, employment agency, or joint 
labor-management committee controlling apprenticeship or other 
training or retraining including on-the-job training programs, 
to print or publish or cause to be printed or published any 
notice or advertisement relating to employment by such an 
employer or membership in or any classification or referral for 
employment by such a labor organization, or relating to any 
classification or referral for employment by such an employment 
agency, or relating to admission to, or employment in, any 
program established to provide apprenticeship or other training 
by such a joint labor-management committee indicating any 
preference, limitation, specification, or discrimination, based 
on race, color, religion, [sex,] sex (including sexual 
orientation and gender identity), or national origin, except 
that such a notice or advertisement may indicate a preference, 
limitation, specification, or discrimination based on religion, 
sex, or national origin when religion, sex, or national origin 
is a bona fide occupational qualification for [employment.] 
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.

           *       *       *       *       *       *       *


              prevention of unlawful employment practices

  Sec. 706. (a) The Commission is empowered, as hereinafter 
provided, to prevent any person from engaging in any unlawful 
employment practice as set forth in section 703 or 704 of this 
title.
  (b) Whenever a charge is filed by or on behalf of a person 
claiming to be aggrieved, or by a member of the Commission, 
alleging that an employer, employment agency, labor 
organization, or joint labor-management committee controlling 
apprenticeship or other training or retraining, including on-
the-job training programs, has engaged in an unlawful 
employment practice, the Commission shall serve a notice of the 
charge (including the date, place and circumstances of the 
alleged unlawful employment practice) on such employer, 
employment agency, labor organization, or joint labor-
management committee (hereinafter referred to as the 
``respondent'') within ten days, and shall make an 
investigation thereof. Charges shall be in writing under oath 
or affirmation and shall contain such information and be in 
such form as the Commission requires. Charges shall not be made 
public by the Commission. If the Commission determines after 
such investigation that there is not reasonable cause to 
believe that the charge is true, it shall dismiss the charge 
and promptly notify the person claiming to be aggrieved and the 
respondent of its action. In determining whether reasonable 
cause exists, the Commission shall accord substantial weight to 
final findings and orders made by State or local authorities in 
proceedings commenced under State or local law pursuant to the 
requirements of subsections (c) and (d). If the Commission 
determines after such investigation that there is reasonable 
cause to believe that the charge is true, the Commission shall 
endeavor to eliminate any such alleged unlawful employment 
practice by informal methods of conference, conciliation, and 
persuasion. Nothing said or done during and as a part of such 
informal endeavors may be made public by the Commission, its 
officers or employees, or used as evidence in a subsequent 
proceeding without the written consent of the persons 
concerned. Any person who makes public information in violation 
of this subsection shall be fined not more than $1,000 or 
imprisoned for not more than one year, or both. The Commission 
shall make its determination on reasonable cause as promptly as 
possible and, so far as practicable, not later than one hundred 
and twenty days from the filing of the charge or, where 
applicable under subsection (c) or (d), from the date upon 
which the Commission is authorized to take action with respect 
to the charge.
  (c) In the case of an alleged unlawful employment practice 
occurring in a State, or political subdivision of a State, 
which has a State or local law prohibiting the unlawful 
employment practice alleged and establishing or authorizing a 
State or local authority to grant or seek relief from such 
practice or to institute criminal proceedings with respect 
thereto upon receiving notice thereof, no charge may be filed 
under subsection (a) by the person aggrieved before the 
expiration of sixty days after proceedings have been commenced 
under the State or local law, unless such proceedings have been 
earlier terminated, provided that such sixty-day period shall 
be extended to one hundred and twenty days during the first 
year after the effective date of such State or local law. If 
any requirement for the commencement of such proceedings is 
imposed by a State or local authority other than a requirement 
of the filing of a written and signed statement of the facts 
upon which the proceeding is based, the proceeding shall be 
deemed to have been commenced for the purposes of this 
subsection at the time such statement is sent by registered 
mail to the appropriate State or local authority.
  (d) In the case of any charge filed by a member of the 
Commission alleging an unlawful employment practice occurring 
in a State or political subdivision of a State which has a 
State or local law prohibiting the practice alleged and 
establishing or authorizing a State or local authority to grant 
or seek relief from such practice or to institute criminal 
proceedings with respect thereto upon receiving notice thereof, 
the Commission shall, before taking any action with respect to 
such charge notify the appropriate State or local officials 
and, upon request, afford them a reasonable time, but not less 
than sixty days (provided that such sixty-day period shall be 
extended to one hundred and twenty days during the first year 
after the effective day of such State or local law), unless a 
shorter period is requested, to act under such State or local 
law to remedy the practice alleged.
  (e)(1) A charge under this section shall be filed within one 
hundred and eighty days after the alleged unlawful employment 
practice occurred and notice of the charge (including the date, 
place and circumstances of the alleged unlawful employment 
practice) shall be served upon the person against whom such 
charge is made within ten days thereafter, except that in a 
case of an unlawful employment practice with respect to which 
the person aggrieved has initially instituted proceedings with 
a State or local agency with authority to grant or seek relief 
from such practice or to institute criminal proceedings with 
respect thereto upon receiving notice thereof, such charge 
shall be filed by or on behalf of the person aggrieved within 
three hundred days after the alleged unlawful employment 
practice occurred, or within thirty days after receiving notice 
that the State or local agency has terminated the proceedings 
under State or local law, whichever is earlier, and a copy of 
such charge shall be filed by the Commission with the State or 
local agency.
  (2) For purposes of this section, an unlawful employment 
practice occurs, with respect to a seniority system that has 
been adopted for an intentionally discriminatory purpose in 
violation of this title (whether or not that discriminatory 
purpose is apparent on the face of the seniority provision), 
when the seniority system is adopted, when an individual 
becomes subject to the seniority system, or when a person 
aggrieved is injured by the application of the seniority system 
or provision of the system.
  (3)(A) For purposes of this section, an unlawful employment 
practice occurs, with respect to discrimination in compensation 
in violation of this title, when a discriminatory compensation 
decision or other practice is adopted, when an individual 
becomes subject to a discriminatory compensation decision or 
other practice, or when an individual is affected by 
application of a discriminatory compensation decision or other 
practice, including each time wages, benefits, or other 
compensation is paid, resulting in whole or in part from such a 
decision or other practice.
  (B) In addition to any relief authorized by section 1977A of 
the Revised Statutes (42 U.S.C. 1981a), liability may accrue 
and an aggrieved person may obtain relief as provided in 
subsection (g)(1), including recovery of back pay for up to two 
years preceding the filing of the charge, where the unlawful 
employment practices that have occurred during the charge 
filing period are similar or related to unlawful employment 
practices with regard to discrimination in compensation that 
occurred outside the time for filing a charge.
  (f)(1) If within thirty days after a charge is filed with the 
Commission or within thirty days after expiration of any period 
of reference under subsection (c) or (d), the Commission has 
been unable to secure from the respondent a conciliation 
agreement acceptable to the Commission, the Commission may 
bring a civil action against any respondent not a government, 
governmental agency, or political subdivision named in the 
charge. In the case of a respondent which is a government, 
governmental agency, or political subdivision, if the 
Commission has been unable to secure from the respondent a 
conciliation agreement acceptable to the Commission, the 
Commission shall take no further action and shall refer the 
case to the Attorney General who may bring a civil action 
against such respondent in the appropriate United States 
district court. The person or persons aggrieved shall have the 
right to intervene in a civil action brought by the Commission 
or the Attorney General in a case involving a government, 
governmental agency, or political subdivision. If a charge 
filed with the Commission pursuant to subsection (b) is 
dismissed by the Commission, or if within one hundred and 
eighty days from the filing of such charge or the expiration of 
any period of reference under subsection (c) or (d), whichever 
is later, the Commission has not filed a civil action under 
this section or the Attorney General has not filed a civil 
action in a case involving a government, governmental agency, 
or political subdivision, or the Commission has not entered 
into a conciliation agreement to which the person aggrieved is 
a party, the Commission, or the Attorney General in a case 
involving a government, governmental agency, or political 
subdivision, shall so notify the person aggrieved and within 
ninety days after the giving of such notice a civil action may 
be brought against the respondent named in the charge (A) by 
the person claiming to be aggrieved or (B) if such charge was 
filed by a member of the Commission, by any person whom the 
charge alleges was aggrieved by the alleged unlawful employment 
practice. Upon application by the complainant and in such 
circumstances as the court may deem just, the court may appoint 
an attorney for such complainant and may authorize the 
commencement of the action without the payment of fees, costs, 
or security. Upon timely application, the court may, in its 
discretion, permit the Commission, or the Attorney General in a 
case involving a government, governmental agency, or political 
subdivision, to intervene in such civil action upon 
certification that the case is of general public importance. 
Upon request, the court may, in its discretion, stay further 
proceedings for not more than sixty days pending the 
termination of State or local proceedings described in 
subsection (c) or (d) of this section or further efforts of the 
Commission to obtain voluntary compliance.
  (2) Whenever a charge is filed with the Commission and the 
Commission concludes on the basis of a preliminary 
investigation that prompt judicial action is necessary to carry 
out the purposes of this Act, the Commission, or the Attorney 
General in a case involving a government, governmental agency, 
or political subdivision, may bring an action for appropriate 
temporary or preliminary relief pending final disposition of 
such charge. Any temporary restraining order or other order 
granting preliminary or temporary relief shall be issued in 
accordance with rule 65 of the Federal Rules of Civil 
Procedure. It shall be the duty of a court having jurisdiction 
over proceedings under this section to assign cases for hearing 
at the earliest practicable date and to cause such cases to be 
in every way expedited.
  (3) Each United States district court and each United States 
court of a place subject to the jurisdiction of the United 
States shall have jurisdiction of actions brought under this 
title. Such an action may be brought in any judicial district 
in the State in which the unlawful employment practice is 
alleged to have been committed, in the judicial district in 
which the employment records relevant to such practice are 
maintained and administered, or in the judicial district in 
which the aggrieved person would have worked but for the 
alleged unlawful employment practice, but if the respondent is 
not found within any such district, such an action may be 
brought within the judicial district in which the respondent 
has his principal office. For purposes of sections 1404 and 
1406 of title 28 of the United States Code, the judicial 
district in which the respondent has his principal office shall 
in all cases be considered a district in which the action might 
have been brought.
  (4) It shall be the duty of the chief judge of the district 
(or in his absence, the acting chief judge) in which the case 
is pending immediately to designate a judge in such district to 
hear and determine the case. In the event that no judge in the 
district is available to hear and determine the case, the chief 
judge of the district, or the acting chief judge, as the case 
may be, shall certify this fact to the chief judge of the 
circuit (or in his absence, the acting chief judge) who shall 
then designate a district or circuit judge of the circuit to 
hear and determine the case.
  (5) It shall be the duty of the judge designated pursuant to 
this subsection to assign the case for hearing at the earliest 
practicable date and to cause the case to be in every way 
expedited. If such judge has not scheduled the case for trial 
within one hundred and twenty days after issue has been joined, 
that judge may appoint a master pursuant to rule 53 of the 
Federal Rules of Civil Procedure.
  (g)(1) If the court finds that the respondent has 
intentionally engaged in or is intentionally engaging in an 
unlawful employment practice charged in the complaint, the 
court may enjoin the respondent from engaging in such unlawful 
employment practice, and order such affirmative action as may 
be appropriate, which may include, but is not limited to, 
reinstatement or hiring of employees, with or without back pay 
(payable by the employer, employment agency, or labor 
organization, as the case may be, responsible for the unlawful 
employment practice), or any other equitable relief as the 
court deems appropriate. Back pay liability shall not accrue 
from a date more than two years prior to the filing of a charge 
with the Commission. Interim earnings or amounts earnable with 
reasonable diligence by the person or persons discriminated 
against shall operate to reduce the back pay otherwise 
allowable.
  (2)(A) No order of the court shall require the admission or 
reinstatement of an individual as a member of a union, or the 
hiring, reinstatement, or promotion of an individual as an 
employee, or the payment to him of any back pay, if such 
individual was refused admission, suspended or expelled, or was 
refused employment or advancement or was suspended or 
discharged for any reason other than discrimination on account 
of race, color, religion, [sex,] sex (including sexual 
orientation and gender identity), or national origin or in 
violation of section 704(a).
  (B) On a claim in which an individual proves a violation 
under section 703(m) and a respondent demonstrates that the 
respondent would have taken the same action in the absence of 
the impermissible motivating factor, the court--
          (i) may grant declaratory relief, injunctive relief 
        (except as provided in clause (ii)), and attorney's 
        fees and costs demonstrated to be directly attributable 
        only to the pursuit of a claim under section 703(m); 
        and
          (ii) shall not award damages or issue an order 
        requiring any admission, reinstatement, hiring, 
        promotion, or payment, described in subparagraph (A).
  (h) The provisions of the Act entitled ``An Act to amend the 
Judicial Code and to define and limit the jurisdiction of 
courts sitting in equity, and for other purposes,'' approved 
March 23, 1932 (29 U.S.C. 101-115), shall not apply with 
respect to civil actions brought under this section.
  (i) In any case in which an employer, employment agency, or 
labor organization fails to comply with an order of a court 
issued in a civil action brought under this section, the 
Commission may commence proceedings to compel compliance with 
such order.
  (j) Any civil action brought under this section and any 
proceedings brought under subsection (i) shall be subject to 
appeal as provided in sections 1291 and 1292, title 28, United 
States Code.
  (k) In any action or proceeding under this title the court, 
in its discretion, may allow the prevailing party, other than 
the Commission or the United States, a reasonable attorney's 
fee (including expert fees) as part of the costs, and the 
Commission and the United States shall be liable for costs the 
same as a private person.

           *       *       *       *       *       *       *


           nondiscrimination in federal government employment

  Sec. 717. (a) All personnel actions affecting employees or 
applicants for employment (except with regard to aliens 
employed outside the limits of the United States) in military 
departments as defined in section 102 of title 5, United States 
Code, in executive agencies as defined in section 105 of title 
5, United States Code (including employees and applicants for 
employment who are paid from nonappropriated funds), in the 
United States Postal Service and the Postal Rate Commission, in 
those units of the Government of the District of Columbia 
having positions in the competitive service, and in those units 
of the judicial branch of the Federal Government having 
positions in the competitive service, in the Smithsonian 
Institution, and in the Government Printing Office, the General 
Accounting Office, and the Library of Congress shall be made 
free from any discrimination based on race, color, religion, 
[sex,] sex (including sexual orientation and gender identity), 
or national origin.
  (b) Except as otherwise provided in this subsection, the 
Civil Service Commission shall have authority to enforce the 
provisions of subsection (a) through appropriate remedies, 
including reinstatement or hiring of employees with or without 
back pay, as will effectuate the policies of this section, and 
shall issue such rules, regulations, orders and instructions as 
it deems necessary and appropriate to carry out its 
responsibilities under this section. The Civil Service 
Commission shall--
          (1) be responsible for the annual review and approval 
        of a national and regional equal employment opportunity 
        plan which each department and agency and each 
        appropriate unit referred to in subsection (a) of this 
        section shall submit in order to maintain an 
        affirmative program of equal employment opportunity for 
        all such employees and applicants for employment;
          (2) be responsible for the review and evaluation of 
        the operation of all agency equal employment 
        opportunity programs, periodically obtaining and 
        publishing (on at least a semiannual basis) progress 
        reports from each such department, agency, or unit; and
          (3) consult with and solicit the recommendations of 
        interested individuals, groups, and organizations 
        relating to equal employment opportunity.
The head of each such department, agency, or unit shall comply 
with such rules, regulations, orders, and instructions which 
shall include a provision that an employee or applicant for 
employment shall be notified of any final action taken on any 
complaint of discrimination filed by him thereunder. The plan 
submitted by each department, agency, and unit shall include, 
but not be limited to--
          (1) provision for the establishment of training and 
        education programs designed to provide a maximum 
        opportunity for employees to advance so as to perform 
        at their highest potential; and
          (2) a description of the qualifications in terms of 
        training and experience relating to equal employment 
        opportunity for the principal and operating officials 
        of each such department, agency, or unit responsible 
        for carrying out the equal employment opportunity 
        program and of the allocation of personnel and 
        resources proposed by such department, agency, or unit 
        to carry out its equal employment opportunity program.
With respect to employment in the Library of Congress, 
authorities granted in this subsection to the Civil Service 
Commission shall be exercised by the Librarian of Congress.
  (c) Within 90 days of receipt of notice of final action taken 
by a department, agency, or unit referred to in subsection 
717(a), or by the Civil Service Commission upon an appeal from 
a decision or order of such department, agency, or unit on a 
complaint of discrimination based on race, color, religion, 
[sex] sex (including sexual orientation and gender identity), 
or national origin, brought pursuant to subsection (a) of this 
section, Executive Order 11478 or any succeeding Executive 
orders, or after one hundred and eighty days from the filing of 
the initial charge with the department, agency, or unit or with 
the Civil Service Commission on appeal from a decision or order 
of such department, agency, or unit until such time as final 
action may be taken by a department, agency, or unit, an 
employee or applicant for employment, if aggrieved by the final 
disposition of his complaint, or by the failure to take final 
action on his complaint, may file a civil action as provided in 
section 706, in which civil action the head of the department, 
agency, or unit, as appropriate, shall be the defendant.
  (d) The provisions of section 706 (f) through (k), as 
applicable, shall govern civil actions brought hereunder, and 
the same interest to compensate for delay in payment shall be 
available as in cases involving nonpublic parties..
  (e) Nothing contained in this Act shall relieve any 
Government agency or official of its or his primary 
responsibility to assure nondiscrimination in employment as 
required by the Constitution and statutes or of its or his 
responsibilities under Executive Order 11478 relating to equal 
employment opportunity in the Federal Government.
  (f) Section 706(e)(3) shall apply to complaints of 
discrimination in compensation under this section.

           *       *       *       *       *       *       *


  TITLE IX--INTERVENTION AND PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS 
CASES

           *       *       *       *       *       *       *


  Sec. 902. Whenever an action has been commenced in any court 
of the United States seeking relief from the denial of equal 
protection of the laws under the fourteenth amendment to the 
Constitution on account of race, color, religion, sex 
(including sexual orientation and gender identity), or national 
origin, the Attorney General for or in the name of the United 
States may intervene in such action upon timely application if 
the Attorney General certifies that the case is of general 
public importance. In such action the United States shall be 
entitled to the same relief as if it had instituted the action.

           *       *       *       *       *       *       *


                        TITLE XI--MISCELLANEOUS


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.
  [Sec. [1101.]  1102. In any proceeding for criminal contempt 
arising under title II, III, IV, V, VI, or VII of this Act, the 
accused, upon demand therefor, shall be entitled to a trial by 
jury, which shall conform as near as may be to the practice in 
criminal cases. Upon conviction, the accused shall not be fined 
more than $1,000 or imprisoned for more than six months.
   This section shall not apply to contempts committed in the 
presence of the court, or so near thereto as to obstruct the 
administration of justice, nor to the misbehavior, misconduct, 
or disobedience of any officer of the court in respect to 
writs, orders, or process of the court. No person shall be 
convicted of criminal contempt hereunder unless the act or 
omission constituting such contempt shall have been 
intentional, as required in other cases of criminal contempt.
   Nor shall anything herein be construed to deprive courts of 
their power, by civil contempt proceedings, without a jury, to 
secure compliance with or to prevent obstruction of, as 
distinguished from punishment for violations of, any lawful 
writ, process, order, rule, decree, or command of the court in 
accordance with the prevailing usages of law and equity, 
including the power of detention.
  [Sec. [1102.]  1103. No person should be put twice in 
jeopardy under the laws of the United States for the same act 
or omission. For this reason, an acquittal or conviction in a 
prosecution for a specific crime under the laws of the United 
States shall bar a proceeding for criminal contempt, which is 
based upon the same act or omission and which arises under the 
provisions of this Act; and an acquittal or conviction in a 
proceeding for criminal contempt, which arises under the 
provisions of this Act, shall bar a prosecution for a specific 
crime under the laws of the United States based upon the same 
act or omission.
  [Sec. [1103.]  1104. Nothing in this Act shall be construed 
to deny, impair, or otherwise affect any right or authority of 
the Attorney General or of the United States or any agency or 
officer thereof under existing law to institute or intervene in 
any action or proceeding.
  [Sec. [1104.]  1105. Nothing contained in any title of this 
Act shall be construed as indicating an intent on the part of 
Congress to occupy the field in which any such title operates 
to the exclusion of State laws on the same subject matter, nor 
shall any provision of this Act be construed as invalidating 
any provision of State law unless such provision is 
inconsistent with any of the purposes of this Act, or any 
provision thereof.

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. [1105.]  1108. There are hereby authorized to be 
appropriated such sums as are necessary to carry out the 
provisions of this Act.
  [Sec. [1106.]  1109. If any provision of this Act or the 
application thereof to any person or circumstances is held 
invalid, the remainder of the Act and the application of the 
provision to other persons not similarly situated or to other 
circumstances shall not be affected thereby.
                              ----------                              


                 GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991


                 TITLE III--GOVERNMENT EMPLOYEE RIGHTS

SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.

  (a) Short Title.--This title may be cited as the ``Government 
Employee Rights Act of 1991''.
  (b) Purpose.--The purpose of this title is to provide 
procedures to protect the rights of certain government 
employees, with respect to their public employment, to be free 
of discrimination on the basis of race, color, religion, [sex,] 
sex (including sexual orientation and gender identity), 
national origin, age, or disability.
  (c) Definition.--For purposes of this title, ``violation'' 
means a practice that violates section 302(a) of this title.

SEC. 302. DISCRDIINATORY PRACTICES PROHIBITED.

  (a) Practices.--All personnel actions affecting the 
Presidential appointees described in section 303 or the State 
employees described in section 304 shall be made free from any 
discrimination based on--
          (1) race, color, religion, [sex,] sex (including 
        sexual orientation and gender identity), or national 
        origin, within the meaning of section 717 of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-16);
          (2) age, within the meaning of section 15 of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 
        633a); or
          (3) disability, within the meaning of section 501 of 
        the Rehabilitation Act of 1973 (29 U.S.C. 791) and 
        sections 102 through 104 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12112-14).
  (b) Remedies.--The remedies referred to in sections 303(a)(1) 
and 304(a)--
          (1) may include, in the case of a determination that 
        a violation of subsection (a)(l) or (a)(3) has 
        occurred, such remedies as would be appropriate if 
        awarded under sections 706(g), 706(k), and 717(d) of 
        the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g), 
        2000e-5(k), 2000e-16(d)), and such compensatory damages 
        as would be appropriate if awarded under section 1977 
        or sections 1977A(a) and 1977A(b)(2) of the Revised 
        Statutes (42 U.S.C. 1981 and 1981a (a) and (b)(2));
          (2) may include, in the case of a determination that 
        a violation of subsection (a)(2) has occurred, such 
        remedies as would be appropriate if awarded under 
        section 15(c) of the Age Discrimination in Employment 
        Act of 1967 (29 U.S.C. 633a(c)); and
          (3) may not include punitive damages.

           *       *       *       *       *       *       *


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''.
                              ----------                              


                CONGRESSIONAL ACCOUNTABILITY ACT OF 1995




           *       *       *       *       *       *       *
             TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS

PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR 
    STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND 
 RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL RIGHTS 
                    ACT OF 1964, THE AGE DISCRIMINATION IN EMPLOYMENT 
                    ACT OF 1967, THE REHABILITATION ACT OF 1973, AND 
                    TITLE I OF THE AMERICANS WITH DISABILITIES ACT OF 
                    1990.

  (a) Discriminatory Practices Prohibited.--All personnel 
actions affecting covered employees shall be made free from any 
discrimination based on--
          (1) race, color, religion, sex, (including sexual 
        orientation and gender identity), or national origin, 
        within the meaning of section 703 of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e-2);
          (2) age, within the meaning of section 15 of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 
        633a); or
          (3) disability, within the meaning of section 501 of 
        the Rehabilitation Act of 1973 (29 U.S.C. 791) and 
        sections 102 through 104 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12112-12114).
  (b) Remedy.--
          (1) Civil rights.--The remedy for a violation of 
        subsection (a)(1) shall be--
                  (A) such remedy as would be appropriate if 
                awarded under section 706(g) of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000e-5(g)); and
                  (B) such compensatory damages as would be 
                appropriate if awarded under section 1977 of 
                the Revised Statutes (42 U.S.C. 1981), or as 
                would be appropriate if awarded under sections 
                1977A(a)(1), 1977A(b)(2), and, irrespective of 
                the size of the employing office, 
                1977A(b)(3)(D) of the Revised Statutes (42 
                U.S.C. 1981a(a)(1), 1981a(b)(2), and 
                1981a(b)(3)(D)).
          (2) Age discrimination.--The remedy for a violation 
        of subsection (a)(2) shall be--
                  (A) such remedy as would be appropriate if 
                awarded under section 15(c) of the Age 
                Discrimination in Employment Act of 1967 (29 
                U.S.C. 633a(c)); and
                  (B) such liquidated damages as would be 
                appropriate if awarded under section 7(b) of 
                such Act (29 U.S.C. 626(b)).
        In addition, the waiver provisions of section 7(f) of 
        such Act (29 U.S.C. 626(f)) shall apply to covered 
        employees.
          (3) Disabilities discrimination.--The remedy for a 
        violation of subsection (a)(3) shall be--
                  (A) such remedy as would be appropriate if 
                awarded under section 505(a)(1) of the 
                Rehabilitation Act of 1973 (29 U.S.C. 
                794a(a)(1)) or section 107(a) of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 
                12117(a)); and
                  (B) such compensatory damages as would be 
                appropriate if awarded under sections 
                1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, 
                irrespective of the size of the employing 
                office, 1977A(b)(3)(D) of the Revised Statutes 
                (42 U.S.C. 1981a(a)(2), 1981a(a)(3), 
                1981a(b)(2), and 1981a(b)(3)(D)).
  (c) Application to General Accounting Office, Government 
Printing Office, and Library of Congress.--
          (1) Section 717 of the civil rights act of 1964.--
        Section 717(a) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16) is amended by--
                  (A) striking ``legislative and'';
                  (B) striking ``branches'' and inserting 
                ``branch''; and
                  (C) inserting ``Government Printing Office, 
                the General Accounting Office, and the'' after 
                ``and in the''.
          (2) Section 15 of the age discrimination in 
        employment act of 1967.--Section 15(a) of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 
        633a(a)) is amended by--
                  (A) striking ``legislative and'';
                  (B) striking ``branches'' and inserting 
                ``branch''; and
                  (C) inserting ``Government Printing Office, 
                the General Accounting Office, and the'' after 
                ``and in the''.
          (3) Section 509 of the americans with disabilities 
        act of 1990.--Section 509 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12209) is amended--
                  (A) by striking subsections (a) and (b) of 
                section 509;
                  (B) in subsection (c), by striking 
                ``(c)Instrumentalities of Congress.--'' and 
                inserting ``The General Accounting Office, the 
                Government Printing Office, and the Library of 
                Congress shall be covered as follows:'';
                  (C) by striking the second sentence of 
                paragraph (2);
                  (D) in paragraph (4), by striking ``the 
                instrumentalities of the Congress include'' and 
                inserting ``the term`instrumentality of the 
                Congress'means'', by striking ``the Architect 
                of the Capitol, the Congressional Budget 
                Office'', by inserting ``and'' before ``the 
                Library'', and by striking ``the Office of 
                Technology Assessment, and the United States 
                Botanic Garden'';
                  (E) by redesignating paragraph (5) as 
                paragraph (7) and by inserting after paragraph 
                (4) the following new paragraph:
          ``(5) Enforcement of employment rights.--The remedies 
        and procedures set forth in section 717 of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-16) shall be 
        available to any employee of an instrumentality of the 
        Congress who alleges a violation of the rights and 
        protections under sections 102 through 104 of this Act 
        that are made applicable by this section, except that 
        the authorities of the Equal Employment Opportunity 
        Commission shall be exercised by the chief official of 
        the instrumentality of the Congress.''; and
                  (F) by amending the title of the section to 
                read ``INSTRUMENTALITIES OF THE CONGRESS''.
  (d) Effective Date.--This section shall take effect 1 year 
after the date of the enactment of this Act.

           *       *       *       *       *       *       *


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 (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''.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 5, UNITED STATES CODE




           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                  CHAPTER 23--MERIT SYSTEM PRINCIPLES


Sec.
2301. Merit system principles.
2302. Prohibited personnel practices.
2303. Prohibited personnel practices in the Federal Bureau of 
          Investigation.
2304. Prohibited personnel practices affecting the Transportation 
          Security Administration.
2305. Responsibility of the Government Accountability Office.
2306. Coordination with certain other provisions of law.


Sec. 2301. Merit system principles

  (a) This section shall apply to--
          (1) an Executive agency; and
          (2) the Government Publishing Office.
  (b) Federal personnel management should be implemented 
consistent with the following merit system principles:
          (1) Recruitment should be from qualified individuals 
        from appropriate sources in an endeavor to achieve a 
        work force from all segments of society, and selection 
        and advancement should be determined solely on the 
        basis of relative ability, knowledge, and skills, after 
        fair and open competition which assures that all 
        receive equal opportunity.
          (2) All employees and applicants for employment 
        should receive fair and equitable treatment in all 
        aspects of personnel management without regard to 
        political affiliation, race, color, religion, national 
        origin, [sex,] sex (including sexual orientation and 
        gender identity), marital status, age, or handicapping 
        condition, and with proper regard for their privacy and 
        constitutional rights.
          (3) Equal pay should be provided for work of equal 
        value, with appropriate consideration of both national 
        and local rates paid by employers in the private 
        sector, and appropriate incentives and recognition 
        should be provided for excellence in performance.
          (4) All employees should maintain high standards of 
        integrity, conduct, and concern for the public 
        interest.
          (5) The Federal work force should be used efficiently 
        and effectively.
          (6) Employees should be retained on the basis of the 
        adequacy of their performance, inadequate performance 
        should be corrected, and employees should be separated 
        who cannot or will not improve their performance to 
        meet required standards.
          (7) Employees should be provided effective education 
        and training in cases in which such education and 
        training would result in better organizational and 
        individual performance.
          (8) Employees should be--
                  (A) protected against arbitrary action, 
                personal favoritism, or coercion for partisan 
                political purposes, and
                  (B) prohibited from using their official 
                authority or influence for the purpose of 
                interfering with or affecting the result of an 
                election or a nomination for election.
          (9) Employees should be protected against reprisal 
        for the lawful disclosure of information which the 
        employees reasonably believe evidences--
                  (A) a violation of any law, rule, or 
                regulation, or
                  (B) mismanagement, a gross waste of funds, an 
                abuse of authority, or a substantial and 
                specific danger to public health or safety.
  (c) In administering the provisions of this chapter--
          (1) with respect to any agency (as defined in section 
        2302(a)(2)(C) of this title), the President shall, 
        pursuant to the authority otherwise available under 
        this title, take any action, including the issuance of 
        rules, regulations, or directives; and
          (2) with respect to any entity in the executive 
        branch which is not such an agency or part of such an 
        agency, the head of such entity shall, pursuant to 
        authority otherwise available, take any action, 
        including the issuance of rules, regulations, or 
        directives;
which is consistent with the provisions of this title and which 
the President or the head, as the case may be, determines is 
necessary to ensure that personnel management is based on and 
embodies the merit system principles.

Sec. 2302. Prohibited personnel practices

  (a)(1) For the purpose of this title, ``prohibited personnel 
practice'' means any action described in subsection (b).
          (2) For the purpose of this section--
          (A) ``personnel action'' means--
                  (i) an appointment;
                  (ii) a promotion;
                  (iii) an action under chapter 75 of this 
                title or other disciplinary or corrective 
                action;
                  (iv) a detail, transfer, or reassignment;
                  (v) a reinstatement;
                  (vi) a restoration;
                  (vii) a reemployment;
                  (viii) a performance evaluation under chapter 
                43 of this title or under title 38;
                  (ix) a decision concerning pay, benefits, or 
                awards, or concerning education or training if 
                the education or training may reasonably be 
                expected to lead to an appointment, promotion, 
                performance evaluation, or other action 
                described in this subparagraph;
                  (x) a decision to order psychiatric testing 
                or examination;
                  (xi) the implementation or enforcement of any 
                nondisclosure policy, form, or agreement; and
                  (xii) any other significant change in duties, 
                responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered 
position in an agency, and in the case of an alleged prohibited 
personnel practice described in subsection (b)(8), an employee 
or applicant for employment in a Government corporation as 
defined in section 9101 of title 31;
          (B) ``covered position'' means, with respect to any 
        personnel action, any position in the competitive 
        service, a career appointee position in the Senior 
        Executive Service, or a position in the excepted 
        service, but does not include any position which is, 
        prior to the personnel action--
                  (i) excepted from the competitive service 
                because of its confidential, policy-
                determining, policy-making, or policy-
                advocating character; or
                  (ii) excluded from the coverage of this 
                section by the President based on a 
                determination by the President that it is 
                necessary and warranted by conditions of good 
                administration;
          (C) ``agency'' means an Executive agency and the 
        Government Publishing Office, but does not include--
                  (i) a Government corporation, except in the 
                case of an alleged prohibited personnel 
                practice described under subsection (b)(8) or 
                section 2302(b)(9)(A)(i), (B), (C), or (D);
                  (ii)(I) the Federal Bureau of Investigation, 
                the Central Intelligence Agency, the Defense 
                Intelligence Agency, the National Geospatial-
                Intelligence Agency, the National Security 
                Agency, the Office of the Director of National 
                Intelligence, and the National Reconnaissance 
                Office; and
                  (II) as determined by the President, any 
                executive agency or unit thereof the principal 
                function of which is the conduct of foreign 
                intelligence or counterintelligence activities, 
                provided that the determination be made prior 
                to a personnel action; or
                  (iii) the Government Accountability Office; 
                and
          (D) ``disclosure'' means a formal or informal 
        communication or transmission, but does not include a 
        communication concerning policy decisions that lawfully 
        exercise discretionary authority unless the employee or 
        applicant providing the disclosure reasonably believes 
        that the disclosure evidences--
                  (i) any violation of any law, rule, or 
                regulation; or
                  (ii) gross mismanagement, a gross waste of 
                funds, an abuse of authority, or a substantial 
                and specific danger to public health or safety.
  (b) Any employee who has authority to take, direct others to 
take, recommend, or approve any personnel action, shall not, 
with respect to such authority--
          (1) discriminate for or against any employee or 
        applicant for employment--
                  (A) on the basis of race, color, religion, 
                sex, (including sexual orientation and gender 
                identity), or national origin, as prohibited 
                under section 717 of the Civil Rights Act of 
                1964 (42 U.S.C. 2000e-16);
                  (B) on the basis of age, as prohibited under 
                sections 12 and 15 of the Age Discrimination in 
                Employment Act of 1967 (29 U.S.C. 631, 633a);
                  (C) on the basis of sex, as prohibited under 
                section 6(d) of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 206(d));
                  (D) on the basis of handicapping condition, 
                as prohibited under section 501 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 791); or
                  (E) on the basis of marital status or 
                political affiliation, as prohibited under any 
                law, rule, or regulation;
          (2) solicit or consider any recommendation or 
        statement, oral or written, with respect to any 
        individual who requests or is under consideration for 
        any personnel action unless such recommendation or 
        statement is based on the personal knowledge or records 
        of the person furnishing it and consists of--
                  (A) an evaluation of the work performance, 
                ability, aptitude, or general qualifications of 
                such individual; or
                  (B) an evaluation of the character, loyalty, 
                or suitability of such individual;
          (3) coerce the political activity of any person 
        (including the providing of any political contribution 
        or service), or take any action against any employee or 
        applicant for employment as a reprisal for the refusal 
        of any person to engage in such political activity;
          (4) deceive or willfully obstruct any person with 
        respect to such person's right to compete for 
        employment;
          (5) influence any person to withdraw from competition 
        for any position for the purpose of improving or 
        injuring the prospects of any other person for 
        employment;
          (6) grant any preference or advantage not authorized 
        by law, rule, or regulation to any employee or 
        applicant for employment (including defining the scope 
        or manner of competition or the requirements for any 
        position) for the purpose of improving or injuring the 
        prospects of any particular person for employment;
          (7) appoint, employ, promote, advance, or advocate 
        for appointment, employment, promotion, or advancement, 
        in or to a civilian position any individual who is a 
        relative (as defined in section 3110(a)(3) of this 
        title) of such employee if such position is in the 
        agency in which such employee is serving as a public 
        official (as defined in section 3110(a)(2) of this 
        title) or over which such employee exercises 
        jurisdiction or control as such an official;
          (8) take or fail to take, or threaten to take or fail 
        to take, a personnel action with respect to any 
        employee or applicant for employment because of--
                  (A) any disclosure of information by an 
                employee or applicant which the employee or 
                applicant reasonably believes evidences--
                          (i) any violation of any law, rule, 
                        or regulation, or
                          (ii) gross mismanagement, a gross 
                        waste of funds, an abuse of authority, 
                        or a substantial and specific danger to 
                        public health or safety,
                if such disclosure is not specifically 
                prohibited by law and if such information is 
                not specifically required by Executive order to 
                be kept secret in the interest of national 
                defense or the conduct of foreign affairs; or
                  (B) any disclosure to the Special Counsel, or 
                to the Inspector General of an agency or 
                another employee designated by the head of the 
                agency to receive such disclosures, of 
                information which the employee or applicant 
                reasonably believes evidences--
                          (i) any violation (other than a 
                        violation of this section) of any law, 
                        rule, or regulation, or
                          (ii) gross mismanagement, a gross 
                        waste of funds, an abuse of authority, 
                        or a substantial and specific danger to 
                        public health or safety;
          (9) take or fail to take, or threaten to take or fail 
        to take, any personnel action against any employee or 
        applicant for employment because of--
                  (A) the exercise of any appeal, complaint, or 
                grievance right granted by any law, rule, or 
                regulation--
                          (i) with regard to remedying a 
                        violation of paragraph (8); or
                          (ii) other than with regard to 
                        remedying a violation of paragraph (8);
                  (B) testifying for or otherwise lawfully 
                assisting any individual in the exercise of any 
                right referred to in subparagraph (A)(i) or 
                (ii);
                  (C) cooperating with or disclosing 
                information to the Inspector General (or any 
                other component responsible for internal 
                investigation or review) of an agency, or the 
                Special Counsel, in accordance with applicable 
                provisions of law; or
                  (D) refusing to obey an order that would 
                require the individual to violate a law, rule, 
                or regulation;
          (10) discriminate for or against any employee or 
        applicant for employment on the basis of conduct which 
        does not adversely affect the performance of the 
        employee or applicant or the performance of others; 
        except that nothing in this paragraph shall prohibit an 
        agency from taking into account in determining 
        suitability or fitness any conviction of the employee 
        or applicant for any crime under the laws of any State, 
        of the District of Columbia, or of the United States;
          (11)(A) knowingly take, recommend, or approve any 
        personnel action if the taking of such action would 
        violate a veterans' preference requirement; or
                  (B) knowingly fail to take, recommend, or 
                approve any personnel action if the failure to 
                take such action would violate a veterans' 
                preference requirement;
          (12) take or fail to take any other personnel action 
        if the taking of or failure to take such action 
        violates any law, rule, or regulation implementing, or 
        directly concerning, the merit system principles 
        contained in section 2301 of this title;
          (13) implement or enforce any nondisclosure policy, 
        form, or agreement, if such policy, form, or agreement 
        does not contain the following statement: ``These 
        provisions are consistent with and do not supersede, 
        conflict with, or otherwise alter the employee 
        obligations, rights, or liabilities created by existing 
        statute or Executive order relating to (1) classified 
        information, (2) communications to Congress, (3) the 
        reporting to an Inspector General of a violation of any 
        law, rule, or regulation, or mismanagement, a gross 
        waste of funds, an abuse of authority, or a substantial 
        and specific danger to public health or safety, or (4) 
        any other whistleblower protection. The definitions, 
        requirements, obligations, rights, sanctions, and 
        liabilities created by controlling Executive orders and 
        statutory provisions are incorporated into this 
        agreement and are controlling.''; or
          (14) access the medical record of another employee or 
        an applicant for employment as a part of, or otherwise 
        in furtherance of, any conduct described in paragraphs 
        (1) through (13).
This subsection shall not be construed to authorize the 
withholding of information from Congress or the taking of any 
personnel action against an employee who discloses information 
to Congress. For purposes of paragraph (8), (i) any presumption 
relating to the performance of a duty by an employee whose 
conduct is the subject of a disclosure as defined under 
subsection (a)(2)(D) may be rebutted by substantial evidence, 
and (ii) a determination as to whether an employee or applicant 
reasonably believes that such employee or applicant has 
disclosed information that evidences any violation of law, 
rule, regulation, gross mismanagement, a gross waste of funds, 
an abuse of authority, or a substantial and specific danger to 
public health or safety shall be made by determining whether a 
disinterested observer with knowledge of the essential facts 
known to and readily ascertainable by the employee or applicant 
could reasonably conclude that the actions of the Government 
evidence such violations, mismanagement, waste, abuse, or 
danger.
  (c)(1) In this subsection--
                  (A) the term ``new employee'' means an 
                individual--
                          (i) appointed to a position as an 
                        employee on or after the date of 
                        enactment of this subsection; and
                          (ii) who has not previously served as 
                        an employee; and
                  (B) the term ``whistleblower protections'' 
                means the protections against and remedies for 
                a prohibited personnel practice described in 
                paragraph (8) or subparagraph (A)(i), (B), (C), 
                or (D) of paragraph (9) of subsection (b).
          (2) The head of each agency shall be responsible 
        for--
          (A) preventing prohibited personnel practices;
          (B) complying with and enforcing applicable civil 
        service laws, rules, and regulations and other aspects 
        of personnel management; and
          (C) ensuring, in consultation with the Special 
        Counsel and the Inspector General of the agency, that 
        employees of the agency are informed of the rights and 
        remedies available to the employees under this chapter 
        and chapter 12, including--
                  (i) information with respect to whistleblower 
                protections available to new employees during a 
                probationary period;
                  (ii) the role of the Office of Special 
                Counsel and the Merit Systems Protection Board 
                with respect to whistleblower protections; and
                  (iii) the means by which, with respect to 
                information that is otherwise required by law 
                or Executive order to be kept classified in the 
                interest of national defense or the conduct of 
                foreign affairs, an employee may make a lawful 
                disclosure of the information to--
                          (I) the Special Counsel;
                          (II) the Inspector General of an 
                        agency;
                          (III) Congress; or
                          (IV) another employee of the agency 
                        who is designated to receive such a 
                        disclosure.
          (3) The head of each agency shall ensure that the 
        information described in paragraph (2) is provided to 
        each new employee of the agency not later than 180 days 
        after the date on which the new employee is appointed.
          (4) The head of each agency shall make available 
        information regarding whistleblower protections 
        applicable to employees of the agency on the public 
        website of the agency and on any online portal that is 
        made available only to employees of the agency, if such 
        portal exists.
          (5) Any employee to whom the head of an agency 
        delegates authority for any aspect of personnel 
        management shall, within the limits of the scope of the 
        delegation, be responsible for the activities described 
        in paragraph (2).
  (d) This section shall not be construed to extinguish or 
lessen any effort to achieve equal employment opportunity 
through affirmative action or any right or remedy available to 
any employee or applicant for employment in the civil service 
under--
          (1) section 717 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16), prohibiting discrimination on the 
        basis of race, color, religion, sex, (including sexual 
        orientation and gender identity), or national origin;
          (2) sections 12 and 15 of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 631, 633a), 
        prohibiting discrimination on the basis of age;
          (3) under section 6(d) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 206(d)), prohibiting 
        discrimination on the basis of sex;
          (4) section 501 of the Rehabilitation Act of 1973 (29 
        U.S.C. 791), prohibiting discrimination on the basis of 
        handicapping condition; or
          (5) the provisions of any law, rule, or regulation 
        prohibiting discrimination on the basis of marital 
        status or political affiliation.
  (e)(1) For the purpose of this section, the term ``veterans' 
preference requirement'' means any of the following provisions 
of law:
                  (A) Sections 2108, 3305(b), 3309, 3310, 3311, 
                3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 
                3320, 3351, 3352, 3363, 3501, 3502(b), 3504, 
                and 4303(e) and (with respect to a preference 
                eligible referred to in section 7511(a)(1)(B)) 
                subchapter II of chapter 75 and section 7701.
                  (B) Sections 943(c)(2) and 1784(c) of title 
                10.
                  (C) Section 1308(b) of the Alaska National 
                Interest Lands Conservation Act.
                  (D) Section 301(c) of the Foreign Service Act 
                of 1980.
                  (E) Sections 106(f), 7281(e), and 7802(5) of 
                title 38.
                  (F) Section 1005(a) of title 39.
                  (G) Any other provision of law that the 
                Director of the Office of Personnel Management 
                designates in regulations as being a veterans' 
                preference requirement for the purposes of this 
                subsection.
                  (H) Any regulation prescribed under 
                subsection (b) or (c) of section 1302 and any 
                other regulation that implements a provision of 
                law referred to in any of the preceding 
                subparagraphs.
          (2) Notwithstanding any other provision of this 
        title, no authority to order corrective action shall be 
        available in connection with a prohibited personnel 
        practice described in subsection (b)(11). Nothing in 
        this paragraph shall be considered to affect any 
        authority under section 1215 (relating to disciplinary 
        action).
  (f)(1) A disclosure shall not be excluded from subsection 
(b)(8) because--
                  (A) the disclosure was made to a supervisor 
                or to a person who participated in an activity 
                that the employee or applicant reasonably 
                believed to be covered by subsection 
                (b)(8)(A)(i) and (ii);
                  (B) the disclosure revealed information that 
                had been previously disclosed;
                  (C) of the employee's or applicant's motive 
                for making the disclosure;
                  (D) the disclosure was not made in writing;
                  (E) the disclosure was made while the 
                employee was off duty;
                  (F) the disclosure was made before the date 
                on which the individual was appointed or 
                applied for appointment to a position; or
                  (G) of the amount of time which has passed 
                since the occurrence of the events described in 
                the disclosure.
          (2) If a disclosure is made during the normal course 
        of duties of an employee, the principal job function of 
        whom is to regularly investigate and disclose 
        wrongdoing (referred to in this paragraph as the 
        ``disclosing employee''), the disclosure shall not be 
        excluded from subsection (b)(8) if the disclosing 
        employee demonstrates that an employee who has the 
        authority to take, direct other individuals to take, 
        recommend, or approve any personnel action with respect 
        to the disclosing employee took, failed to take, or 
        threatened to take or fail to take a personnel action 
        with respect to the disclosing employee in reprisal for 
        the disclosure made by the disclosing employee.

           *       *       *       *       *       *       *


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''.

           *       *       *       *       *       *       *

                              ----------                              


                            FAIR HOUSING ACT




           *       *       *       *       *       *       *
TITLE VIII--FAIR HOUSING

           *       *       *       *       *       *       *



                              definitions

  Sec. 802. As used in this title--
  (a) ``Secretary'' means the Secretary of Housing and Urban 
Development.
  (b) ``Dwelling'' means any building, structure, or portion 
thereof which is occupied as, or designed or intended for 
occupancy as, a residence by one or more families, and any 
vacant land which is offered for sale or lease for the 
construction or location thereon of any such building, 
structure, or portion thereof.
  (c) ``Family'' includes a single individual.
  (d) ``Person'' includes one or more individuals, 
corporations, partnerships, associations, labor organizations, 
legal representatives, mutual companies, joint-stock companies, 
trusts, unincorporated organizations, trustees, trustees in 
cases under title 11 of the United States Code, receivers, and 
fiduciaries.
  (e) ``To rent'' includes to lease, to sublease, to let and 
otherwise to grant for a consideration the right to occupy 
premises not owned by the occupant.
  (f) ``Discriminatory housing practice'' means an act that is 
unlawful under section 804, 805, 806, or 818.
  (g) ``State'' means any of the several States, the District 
of Columbia, the Commonwealth of Puerto Rico, or any of the 
territories and possessions of the United States.
  (h) ``Handicap'' means, with respect to a person--
          (1) a physical or mental impairment which 
        substantially limits one or more of such person's major 
        life activities,
          (2) a record of having such an impairment, or
          (3) being regarded as having such an impairment,
but such term does not include current, illegal use of or 
addiction to a controlled substance (as defined in section 102 
of the Controlled Substances Act (21 U.S.C. 802)).
  (i) ``Aggrieved person'' includes any person who--
          (1) claims to have been injured by a discriminatory 
        housing practice; or
          (2) believes that such person will be injured by a 
        discriminatory housing practice that is about to occur.
  (j) ``Complainant'' means the person (including the 
Secretary) who files a complaint under section 810.
  (k) ``Familial status'' means one or more individuals (who 
have not attained the age of 18 years) being domiciled with--
          (1) a parent or another person having legal custody 
        of such individual or individuals; or
          (2) the designee of such parent or other person 
        having such custody, with the written permission of 
        such parent or other person.
The protections afforded against discrimination on the basis of 
familial status shall apply to any person who is pregnant or is 
in the process of securing legal custody of any individual who 
has not attained the age of 18 years.
  (l) ``Conciliation'' means the attempted resolution of issues 
raised by a complaint, or by the investigation of such 
complaint, through informal negotiations involving the 
aggrieved person, the respondent, and the Secretary.
  (m) ``Conciliation agreement'' means a written agreement 
setting forth the resolution of the issues in conciliation.
  (n) ``Respondent'' means--
          (1) the person or other entity accused in a complaint 
        of an unfair housing practice; and
          (2) any other person or entity identified in the 
        course of investigation and notified as required with 
        respect to respondents so identified under section 
        810(a).
  (o) ``Prevailing party'' has the same meaning as such term 
has in section 722 of the Revised Statutes of the United States 
(42 U.S.C. 1988).
  (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.

           *       *       *       *       *       *       *


 discrimination in the sale or rental of housing and other prohibited 
                               practices

  Sec. 804. As made applicable by section 803 and except as 
exempted by sections 803(b) and 807, it shall be unlawful--
  (a) To refuse to sell or rent after the making of a bona fide 
offer, or to refuse to negotiate for the sale or rental of, or 
otherwise make unavailable or deny, a dwelling to any person 
because of race, color, religion, sex, (including sexual 
orientation and gender identity), familial status, or national 
origin.
  (b) To discriminate against any person in the terms, 
conditions, or privileges of sale or rental of a dwelling, or 
in the provision of services or facilities in connection 
therewith, because of race, color, religion, sex, (including 
sexual orientation and gender identity), familial status, or 
national origin.
  (c) To make, print, or publish, or cause to be made, printed, 
or published any notice, statement, or advertisement, with 
respect to the sale or rental of a dwelling that indicates any 
preference, limitation, or discrimination based on race, color, 
religion, sex, (including sexual orientation and gender 
identity), handicap, familial status, or national origin, or an 
intention to make any such preference, limitation, or 
discrimination.
  (d) To represent to any person because of race, color, 
religion, sex, (including sexual orientation and gender 
identity), handicap, familial status, or national origin that 
any dwelling is not available for inspection, sale, or rental 
when such dwelling is in fact so available.
  (e) For profit, to induce or attempt to induce any person to 
sell or rent any dwelling by representations regarding the 
entry or prospective entry into the neighborhood of a person or 
persons of a particular race, color, religion, sex, (including 
sexual orientation and gender identity), handicap, familial 
status, or national origin.
  (f)(1) To discriminate in the sale or rental, or to otherwise 
make unavailable or deny, a dwelling to any buyer or renter 
because of a handicap of--
          (A) that buyer or renter,
          (B) a person residing in or intending to reside in 
        that dwelling after it is so sold, rented, or made 
        available; or
          (C) any person associated with that buyer or renter.
  (2) To discriminate against any person in the terms, 
conditions, or privileges of sale or rental of a dwelling, or 
in the provision of services or facilities in connection with 
such dwelling, because of a handicap of--
          (A) that person; or
          (B) a person residing in or intending to reside in 
        that dwelling after it is so sold, rented, or made 
        available; or
          (C) any person associated with that person.
  (3) For purposes of this subsection, discrimination 
includes--
          (A) a refusal to permit, at the expense of the 
        handicapped person, reasonable modifications of 
        existing premises occupied or to be occupied by such 
        person if such modifications may be necessary to afford 
        such person full enjoyment of the premises except that, 
        in the case of a rental, the landlord may where it is 
        reasonable to do so condition permission for a 
        modification on the renter agreeing to restore the 
        interior of the premises to the condition that existed 
        before the modification, reasonable wear and tear 
        excepted.
          (B) a refusal to make reasonable accommodations in 
        rules, policies, practices, or services, when such 
        accommodations may be necessary to afford such person 
        equal opportunity to use and enjoy a dwelling; or
          (C) in connection with the design and construction of 
        covered multifamily dwellings for first occupancy after 
        the date that is 30 months after the date of enactment 
        of the Fair Housing Amendments Act of 1988, a failure 
        to design and construct those dwellings in such a 
        manner that--
                  (i) the public use and common use portions of 
                such dwellings are readily accessible to and 
                usable by handicapped persons;
                  (ii) all the doors designed to allow passage 
                into and within all premises within such 
                dwellings are sufficiently wide to allow 
                passage by handicapped persons in wheelchairs; 
                and
                  (iii) all premises within such dwellings 
                contain the following features of adaptive 
                design:
                          (I) an accessible route into and 
                        through the dwelling;
                          (II) light switches, electrical 
                        outlets, thermostats, and other 
                        environmental controls in accessible 
                        locations;
                          (III) reinforcements in bathroom 
                        walls to allow later installation of 
                        grab bars; and
                          (IV) usable kitchens and bathrooms 
                        such that an individual in a wheelchair 
                        can maneuver about the space.
  (4) Compliance with the appropriate requirements of the 
American National Standard for buildings and facilities 
providing accessibility and usability for physically 
handicapped people (commonly cited as ``ANSI A117.1'') suffices 
to satisfy the requirements of paragraph (3)(C)(iii).
  (5)(A) If a State or unit of general local government has 
incorporated into its laws the requirements set forth in 
paragraph (3)(C), compliance with such laws shall be deemed to 
satisfy the requirements of that paragraph.
  (B) A State or unit of general local government may review 
and approve newly constructed covered multifamily dwellings for 
the purpose of making determinations as to whether the design 
and construction requirements of paragraph (3)(C) are met.
  (C) The Secretary shall encourage, but may not require, 
States and units of local government to include in their 
existing procedures for the review and approval of newly 
constructed covered multifamily dwellings, determinations as to 
whether the design and construction of such dwellings are 
consistent with paragraph (3)(C), and shall provide technical 
assistance to States and units of local government and other 
persons to implement the requirements of paragraph (3)(C).
  (D) Nothing in this title shall be construed to require the 
Secretary to review or approve the plans, designs or 
construction of all covered multifamily dwellings, to determine 
whether the design and construction of such dwellings are 
consistent with the requirements of paragraph 3(C).
  (6)(A) Nothing in paragraph (5) shall be construed to affect 
the authority and responsibility of the Secretary or a State or 
local public agency certified pursuant to section 810(f)(3) of 
this Act to receive and process complaints or otherwise engage 
in enforcement activities under this title.
  (B) Determinations by a State or a unit of general local 
government under paragraphs (5) (A) and (B) shall not be 
conclusive in enforcement proceedings under this title.
  (7) As used in this subsection, the term ``covered 
multifamily dwellings'' means--
          (A) buildings consisting of 4 or more units if such 
        buildings have one or more elevators; and
          (B) ground floor units in other buildings consisting 
        of 4 or more units.
  (8) Nothing in this title shall be construed to invalidate or 
limit any law of a State or political subdivision of a State, 
or other jurisdiction in which this title shall be effective, 
that requires dwellings to be designed and constructed in a 
manner that affords handicapped persons greater access than is 
required by this title.
  (9) Nothing in this subsection requires that a dwelling be 
made available to an individual whose tenancy would constitute 
a direct threat to the health or safety of other individuals or 
whose tenancy would result in substantial physical damage to 
the property of others.

     discrimination in residential real estate-related transactions

  Sec. 805. (a) In General.--It shall be unlawful for any 
person or other entity whose business includes engaging in 
residential real estate-related transactions to discriminate 
against any person in making available such a transaction, or 
in the terms or conditions of such a transaction, because of 
race, color, religion, sex, (including sexual orientation and 
gender identity), handicap, familial status, or national 
origin.
  (b) Definition.--As used in this section, the term 
``residential real estate-related transaction'' means any of 
the following:
          (1) The making or purchasing of loans or providing 
        other financial assistance--
                  (A) for purchasing, constructing, improving, 
                repairing, or maintaining a dwelling; or
                  (B) secured by residential real estate.
          (2) The selling, brokering, or appraising of 
        residential real property.
  (c) Appraisal Exemption.--Nothing in this title prohibits a 
person engaged in the business of furnishing appraisals of real 
property to take into consideration factors other than race, 
color, religion, national origin, sex, (including sexual 
orientation and gender identity), handicap, or familial status.

         discrimination in the provision of brokerage services

  Sec. 806. After December 31, 1968, it shall be unlawful to 
deny any person access to or membership or participation in any 
multiple-listing service, real estate brokers' organization or 
other service, organization, or facility relating to the 
business of selling or renting dwellings, or to discriminate 
against him in the terms or conditions of such access, 
membership, or participation, on account of race, color, 
religion, sex, (including sexual orientation and gender 
identity), handicap, familial status, or national origin.

           *       *       *       *       *       *       *


                             administration

  Sec. 808. (a) The authority and responsibility for 
administering this Act shall be in the Secretary of Housing and 
Urban Development.
  (b) The Department of Housing and Urban Development shall be 
provided an additional Assistant Secretary.
  (c) The Secretary may delegate any of his functions, duties 
and powers to employees of the Department of Housing and Urban 
Development or to boards of such employees, including 
functions, duties, and powers with respect to investigating, 
conciliating, hearing, determining, ordering, certifying, 
reporting, or otherwise acting as to any work, business, or 
matter under this title. The persons to whom such delegations 
are made with respect to hearing functions, duties, and powers 
shall be appointed and shall serve in the Department of Housing 
and Urban Development in compliance with sections 3105, 3344, 
5372, and 7521 of title 5 of the United States Code. Insofar as 
possible, conciliation meetings shall be held in the cities or 
other localities where the discriminatory housing practices 
allegedly occurred. The Secretary shall by rule prescribe such 
rights of appeal from the decisions of his hearing examiners to 
other hearing examiners or to other officers in the Department, 
to boards of officers or to himself, as shall be appropriate 
and in accordance with law.
  (d) All executive departments and agencies shall administer 
their programs and activities relating to housing and urban 
development (including any Federal agency having regulatory or 
supervisory authority over financial institution) development 
in a manner affirmatively to further the purposes of this title 
and shall cooperate with the Secretary to further such 
purposes.
  (e) The Secretary of Housing and Urban Development shall--
          (1) make studies with respect to the nature and 
        extent of discriminatory housing practices in 
        representative communities, urban, suburban, and rural 
        throughout the United States;
          (2) publish and disseminate reports, recommendations, 
        and information derived from such studies, including an 
        annual report to the Congress--
                  (A) specifying the nature and extent of 
                progress made nationally in eliminating 
                discriminatory housing practices and furthering 
                the purposes of this title, obstacles remaining 
                to achieving equal housing opportunity, and 
                recommendations for further legislative or 
                executive action; and
                  (B) containing tabulations of the number of 
                instances (and the reasons therefor) in the 
                preceding year in which--
                          (i) investigations are not completed 
                        as required by section 810(a)(1)(B);
                          (ii) determinations are not made 
                        within the time specified in section 
                        810(g); and
                          (iii) hearings are not commenced or 
                        findings and conclusions are not made 
                        as required by section 812(g);
          (3) cooperate with and render technical assistance to 
        Federal, State, local, and other public or private 
        agencies, organizations, and institutions which are 
        formulating or carrying on programs to prevent or 
        eliminate discriminatory housing practices;
          (4) cooperate with and render such technical and 
        other assistance to the Community Relations Service as 
        may be appropriate to further its activities in 
        preventing or eliminating discriminatory housing 
        practices
          (5) administer the programs and activities relating 
        to housing and urban development in a manner 
        affirmatively to further the policies of this title; 
        and
          (6) annually report to the Congress, and make 
        available to the public, data on the race, color, 
        religion, sex, (including sexual orientation and gender 
        identity), national origin, age, handicap, and family 
        characteristics of persons and households who are 
        applicants for, participants in, or beneficiaries or 
        potential beneficiaries of, programs administered by 
        the Department to the extent such characteristics are 
        within the coverage of the provisions of law and 
        Executive orders referred to in subsection (f) which 
        apply to such programs (and in order to develop the 
        data to be included and made available to the public 
        under this subsection, the Secretary shall, without 
        regard to any other provision of law, collect such 
        information relating to those characteristics as the 
        Secretary determines to be necessary or appropriate).
  (f) The provisions of law and Executive orders to which 
subsection (e)(6) applies are--
          (1) title VI of the Civil Rights Act of 1964;
          (2) title VIII of the Civil Rights Act of 1968;
          (3) section 504 of the Rehabilitation Act of 1973;
          (4) the Age Discrimination Act of 1975;
          (5) the Equal Credit Opportunity Act;
          (6) section 1978 of the Revised Statutes (42 U.S.C. 
        1982);
          (7) section 8(a) of the Small Business Act;
          (8) section 527 of the National Housing Act;
          (9) section 109 of the Housing and Community 
        Development Act of 1974;
          (10) section 3 of the Housing and Urban Development 
        Act of 1968;
          (11) Executive orders 11063, 11246, 11625, 12250, 
        12259, and 12432; and
          (12) any other provision of law which the Secretary 
        specifies by publication in the Federal Register for 
        the purpose of this subsection.

           *       *       *       *       *       *       *


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''.
                              ----------                              


                        CIVIL RIGHTS ACT OF 1968




           *       *       *       *       *       *       *
                                TITLE IX


            prevention of intimidation in fair housing cases

  Sec. 901. Whoever, whether or not acting under color of law, 
by force or threat of force willfully injures, intimidates or 
interferes with or attempts to injure, intimidate or interfere 
with--
          (a) any person because of his race, color, religion, 
        sex, (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)), 
        handicap (as such term is defined in section 802 of 
        this Act), familial status (as such term is defined in 
        section 802 of this Act), or national origin and 
        because he is or has been selling, purchasing, renting, 
        financing, occupying, or contracting or negotiating for 
        the sale, purchase, rental, financing or occupation of 
        any dwelling, or applying for or participating in any 
        service, organization, or facility relating to the 
        business of selling or renting dwellings; or
          (b) any person because he is or has been, or in order 
        to intimidate such person or any other person or any 
        class of persons from--
                  (1) participating, without discrimination on 
                account of race, color, religion, sex, 
                (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)), handicap (as such term is 
                defined in section 802 of this Act), familial 
                status (as such term is defined in section 802 
                of this Act), or national origin, in any of the 
                activities, services, organizations or 
                facilities described in subsection 901(a); or
                  (2) affording another person or class of 
                persons opportunity or protection so to 
                participate; or
          (c) any citizen because he is or has been, or in 
        order to discourage such citizen or any other citizen 
        from lawfully aiding or encouraging other persons to 
        participate, without discrimination on account of race, 
        color, religion, sex, (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)), handicap (as such term is defined in 
        section 802 of this Act), familial status (as such term 
        is defined in section 802 of this Act), or national 
        origin, in any of the activities, services, 
        organizations or facilities described in subsection 
        901(a), or participating lawfully in speech or peaceful 
        assembly opposing any denial of the opportunity to so 
        participate--
shall be fined under title 18, United States Code, or 
imprisoned not more than one year, or both; and if bodily 
injury results from the acts committed in violation of this 
section or if such acts include the use, attempted use, or 
threatened use of a dangerous weapon, explosives, or fire shall 
be fined under title 18, United States Code, or imprisoned not 
more than ten years, or both; and if death results from the 
acts committed in violation of this section or if such acts 
include kidnapping or an attempt to kidnap, aggravated sexual 
abuse or an attempt to commit aggravated sexual abuse, or an 
attempt to kill, shall be fined under title 18, United States 
Code, or imprisoned for any term of years or for life, or both.

           *       *       *       *       *       *       *

                              ----------                              


                      EQUAL CREDIT OPPORTUNITY ACT




           *       *       *       *       *       *       *
TITLE VII--EQUAL CREDIT OPPORTUNITY

           *       *       *       *       *       *       *


Sec. 701. Prohibited discrimination; reasons for adverse action

  (a) It shall be unlawful for any creditor to discriminate 
against any applicant, with respect to any aspect of a credit 
transaction--
          (1) on the basis of race, color, religion, national 
        origin, sex (including sexual orientation and gender 
        identity), or marital status, or age (provided the 
        applicant has the capacity to contract);
          (2) because all or part of the applicant's income 
        derives from any public assistance program; or
          (3) because the applicant has in good faith exercised 
        any right under the Consumer Credit Protection Act.
  (b) It shall not constitute discrimination for purposes of 
this title for a creditor--
          (1) to make an inquiry of marital status if such 
        inquiry is for the purpose of ascertaining the 
        creditor's rights and remedies applicable to the 
        particular extension of credit and not to discriminate 
        in a determination of credit-worthiness;
          (2) to make an inquiry of the applicant's age or of 
        whether the applicant's income derives from any public 
        assistance program if such inquiry is for the purpose 
        of determining the amount and probable continuance of 
        income levels, credit history, or other pertinent 
        element of credit-worthiness as provided in regulations 
        of the Board;
          (3) to use any empirically derived credit system 
        which considers age if such system is demonstrably and 
        statistically sound in accordance with regulations of 
        the Bureau, except that in the operation of such system 
        the age of an elderly applicant may not be assigned a 
        negative factor or value;
          (4) to make an inquiry or to consider the age of an 
        elderly applicant when the age of such applicant is to 
        be used by the creditor in the extension of credit in 
        favor of such applicant; or
          (5) to make an inquiry under section 704B, in 
        accordance with the requirements of that section.
  (c) It is not a violation of this section for a creditor to 
refuse to extend credit offered pursuant to--
          (1) any credit assistance program expressly 
        authorized by law for an economically disadvantaged 
        class of persons;
          (2) any credit assistance program administered by a 
        nonprofit organization for its members or an 
        economically disadvantaged class of persons; or
          (3) any special purpose credit program offered by a 
        profit-making organization to meet special social needs 
        which meets standards prescribed in regulations by the 
        Board;
if such refusal is required by or made pursuant to such 
program.
  (d)(1) Within thirty days (or such longer reasonable time as 
specified in regulations of the Bureau for any class of credit 
transaction) after receipt of a completed application for 
credit, a creditor shall notify the applicant of its action on 
the application.
  (2) Each applicant against whom adverse action is taken shall 
be entitled to a statement of reasons for such action from the 
creditor. A creditor satisfies this obligation by--
          (A) providing statements of reasons in writing as a 
        matter of course to applicants against whom adverse 
        action is taken; or
          (B) giving written notification of adverse action 
        which discloses (i) the applicant's right to a 
        statement of reasons within thirty days after receipt 
        by the creditor of a request made within sixty days 
        after such notification, and (ii) the identity of the 
        person or office from which such statement may be 
        obtained. Such statement may be given orally, if the 
        written notification advises the applicant of his right 
        to have the statement of reasons confirmed in writing 
        on written request.
  (3) A statement of reasons meets the requirements of this 
section only if it contains the specific reasons for the 
adverse action taken.
  (4) Where a creditor has been requested by a third party to 
make a specific extension of credit directly or indirectly to 
an applicant, the notification and statement of reasons 
required by this subsection may be made directly by such 
creditor, or indirectly through the third party, provided in 
either case that the identity of the creditor is disclosed.
  (5) The requirements of paragraphs (2), (3), or (4) may be 
satisfied by verbal statements or notifications in the case of 
any creditor who did not act on more than one hundred and fifty 
applications during the calendar year preceding the calendar 
year in which the adverse action is taken, as determined under 
regulations of the Board.
  (6) For purposes of this subsection, the term ``adverse 
action'' means a denial or revocation of credit, a change in 
the terms of an existing credit arrangement, or a refusal to 
grant credit in substantially the amount or on substantially 
the terms requested. Such term does not include a refusal to 
extend additional credit under an existing credit arrangement 
where the applicant is delinquent or otherwise in default, or 
where such additional credit would exceed a previously 
established credit limit.
  (e) Copies Furnished to Applicants.--
          (1) In general.--Each creditor shall furnish to an 
        applicant a copy of any and all written appraisals and 
        valuations developed in connection with the applicant's 
        application for a loan that is secured or would have 
        been secured by a first lien on a dwelling promptly 
        upon completion, but in no case later than 3 days prior 
        to the closing of the loan, whether the creditor grants 
        or denies the applicant's request for credit or the 
        application is incomplete or withdrawn.
          (2) Waiver.--The applicant may waive the 3 day 
        requirement provided for in paragraph (1), except where 
        otherwise required in law.
          (3) Reimbursement.--The applicant may be required to 
        pay a reasonable fee to reimburse the creditor for the 
        cost of the appraisal, except where otherwise required 
        in law.
          (4) Free copy.--Notwithstanding paragraph (3), the 
        creditor shall provide a copy of each written appraisal 
        or valuation at no additional cost to the applicant.
          (5) Notification to applicants.--At the time of 
        application, the creditor shall notify an applicant in 
        writing of the right to receive a copy of each written 
        appraisal and valuation under this subsection.
          (6) Valuation defined.--For purposes of this 
        subsection, the term ``valuation'' shall include any 
        estimate of the value of a dwelling developed in 
        connection with a creditor's decision to provide 
        credit, including those values developed pursuant to a 
        policy of a government sponsored enterprise or by an 
        automated valuation model, a broker price opinion, or 
        other methodology or mechanism.

Sec. 702. Definitions

  (a) The definitions and rules of construction set forth in 
this section are applicable for the purposes of this title.
  (b) The term ``applicant'' means any person who applies to a 
creditor directly for an extension, renewal, or continuation of 
credit, or applies to a creditor indirectly by use of an 
existing credit plan for an amount exceeding a previously 
established credit limit.
  (c) The term ``Bureau'' means the Bureau of Consumer 
Financial Protection.
  (d) The term ``credit'' means the right granted by a creditor 
to a debtor to defer payment of debt or to incur debts and 
defer its payment or to purchase property or services and defer 
payment therefor.
  (e) The term ``creditor'' means any person who regularly 
extends, renews, or continues credit; any person who regularly 
arranges for the extension, renewal, or continuation of credit; 
or any assignee of an original creditor who participates in the 
decision to extend, renew, or continue credit.
  (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.
  [(f)] (h) The term ``person'' means a natural person, a 
corporation, government or governmental subdivision or agency, 
trust, estate, partnership, cooperative, or association.
  [(g)] (i) Any reference to any requirement imposed under this 
title or any provision thereof includes reference to the 
regulations of the Bureau under this title or the provision 
thereof in question.
  (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.

           *       *       *       *       *       *       *


Sec. 705. Relation to State laws

  (a) A request for the signature of both parties to a marriage 
for the purpose of creating a valid lien, passing clear title, 
waiving inchoate rights to property, or assigning earnings, 
shall not constitute discrimination under this title: Provided, 
however, That this provision shall not be construed to permit a 
creditor to take sex (including sexual orientation and gender 
identity), or marital status into account in connection with 
the evaluation of creditworthiness of any applicant.
  (b) Consideration or application of State property laws 
directly or indirectly affecting creditworthiness shall not 
constitute discrimination for purposes of this title.
  (c) Any provision of State law which prohibits the separate 
extension of consumer credit to each party to a marriage shall 
not apply in any case where each party to a marriage 
voluntarily applies for separate credit from the same creditor: 
Provided, That in any case where such a State law is so 
preempted, each party to the marriage shall be solely 
responsible for the debt so contracted.
  (d) When each party to a marriage separately and voluntarily 
applies for and obtains separate credit accounts with the same 
creditor, those accounts shall not be aggregated or otherwise 
combined for purposes of determining permissible finance 
charges or permissible loan ceilings under the laws of any 
State or of the United States.
  (e) Where the same act or omission constitutes a violation of 
this title and of applicable State law, a person aggrieved by 
such conduct may bring a legal action to recover monetary 
damages either under this title or under such State law, but 
not both. This election of remedies shall not apply to court 
actions in which the relief sought does not include monetary 
damages or to administrative actions.
  (f) This title does not annul, alter, or affect, or exempt 
any person subject to the provisions of this title from 
complying with, the laws of any State with respect to credit 
discrimination, except to the extent that those laws are 
inconsistent with any provision of this title, and then only to 
the extent of the inconsistency. The Bureau is authorized to 
determine whether such inconsistencies exist. The Bureau may 
not determine that any State law is inconsistent with any 
provision of this title if the Bureau determines that such law 
gives greater protection to the applicant.
  (g) The Bureau shall by regulation exempt from the 
requirements of sections 701 and 702 of this title any class of 
credit transactions within any State if it determines that 
under the law of that State that class of transactions is 
subject to requirements substantially similar to those imposed 
under this title or that such law gives greater protection to 
the applicant, and that there is adequate provision for 
enforcement. Failure to comply with any requirement of such 
State law in any transaction so exempted shall constitute a 
violation of this title for the purposes of section 706.

Sec. 706. Civil liability

  (a) Any creditor who fails to comply with any requirement 
imposed under this title shall be liable to the aggrieved 
applicant for any actual damages sustained by such applicant 
acting either in an individual capacity or as a member of a 
class.
  (b) Any creditor, other than a government or governmental 
subdivision or agency, who fails to comply with any requirement 
imposed under this title shall be liable to the aggrieved 
applicant for punitive damages in an amount not greater than 
$10,000, in addition to any actual damages provided in 
subsection (a), except that in the case of a class action the 
total recovery under this subsection shall not exceed the 
lesser of $500,000 or 1 per centum of the net worth of the 
creditor. In determining the amount of such damages in any 
action, the court shall consider, among other relevant factors, 
the amount of any actual damages awarded, the frequency and 
persistence of failures of compliance by the creditor, the 
resources of the creditor, the number of persons adversely 
affected, and the extent to which the creditor's failure of 
compliance was intentional.
  (c) Upon application by an aggrieved applicant, the 
appropriate United States district court or any other court of 
competent jurisdiction may grant such equitable and declaratory 
relief as is necessary to enforce the requirements imposed 
under this title.
  (d) In the case of any successful action under subsection 
(a), (b), or (c), the costs of the action, together with a 
reasonable attorney's fee as determined by the court, shall be 
added to any damages awarded by the court under such 
subsection.
  (e) No provision of this title imposing liability shall apply 
to any act done or omitted in good faith in conformity with any 
official rule, regulation, or interpretation thereof by the 
Bureau or in conformity with any interpretation or approval by 
an official or employee of the Bureau of Consumer Financial 
Protection duly authorized by the Bureau to issue such 
interpretations or approvals under such procedures as the 
Bureau may prescribe therefor, notwithstanding that after such 
act or omission has occurred, such rule, regulation, 
interpretation, or approval is amended, rescinded, or 
determined by judicial or other authority to be invalid for any 
reason.
  (f) Any action under this section may be brought in the 
appropriate United States district court without regard to the 
amount in controversy, or in any other court of competent 
jurisdiction. No such action shall be brought later than 5 
years after the date of the occurrence of the violation, except 
that--
          (1) whenever any agency having responsibility for 
        administrative enforcement under section 704 commences 
        an enforcement proceeding within 5 years after the date 
        of the occurrence of the violation,
          (2) whenever the Attorney General commences a civil 
        action under this section within 5 years after the date 
        of the occurrence of the violation,
then any applicant who has been a victim of the discrimination 
which is the subject of such proceeding or civil action may 
bring an action under this section not later than one year 
after the commencement of that proceeding or action.
  (g) The agencies having responsibility for administrative 
enforcement under section 704, if unable to obtain compliance 
with section 701, are authorized to refer the matter to the 
Attorney General with a recommendation that an appropriate 
civil action be instituted. Each agency referred to in 
paragraphs (1), (2), and (9) of section 704(a) shall refer the 
matter to the Attorney General whenever the agency has reason 
to believe that 1 or more creditors has engaged in a pattern or 
practice of discouraging or denying applications for credit in 
violation of section 701(a). Each such agency may refer the 
matter to the Attorney General whenever the agency has reason 
to believe that 1 or more creditors has violated section 
701(a).
  (h) When a matter is referred to the Attorney General 
pursuant to subsection (g), or whenever he has reason to 
believe that one or more creditors are engaged in a pattern or 
practice in violation of this title, the Attorney General may 
bring a civil action in any appropriate United States district 
court for such relief as may be appropriate, including actual 
and punitive damages and injunctive relief.
  (i) No person aggrieved by a violation of this title and by a 
violation of section 805 of the Civil Rights Act of 1968 shall 
recover under this title and section 812 of the Civil Rights 
Act of 1968, if such violation is based on the same 
transaction.
  (j) Nothing in this title shall be construed to prohibit the 
discovery of a creditor's credit granting standards under 
appropriate discovery procedures in the court or agency in 
which an action or proceeding is brought.
  (k) Notice to HUD of Violations.--Whenever an agency referred 
to in paragraph (1), (2), or (3) of section 704(a)--
          (1) has reason to believe, as a result of receiving a 
        consumer complaint, conducting a consumer compliance 
        examination, or otherwise, that a violation of this 
        title has occurred;
          (2) has reason to believe that the alleged violation 
        would be a violation of the Fair Housing Act; and
          (3) does not refer the matter to the Attorney General 
        pursuant to subsection (g),
the agency shall notify the Secretary of Housing and Urban 
Development of the violation, and shall notify the applicant 
that the Secretary of Housing and Urban Development has been 
notified of the alleged violation and that remedies for the 
violation may be available under the Fair Housing Act.
  (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''.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 28, UNITED STATES CODE




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PART V--PROCEDURE

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                   CHAPTER 121--JURIES; TRIAL BY JURY


Sec.
1861. Declaration of policy.
     * * * * * * *
1879. Rules of construction and claims.

           *       *       *       *       *       *       *


Sec. 1862. Discrimination prohibited

  No citizen shall be excluded from service as a grand or petit 
juror in the district courts of the United States or in the 
Court of International Trade on account of race, color, 
religion, sex, (including sexual orientation and gender 
identity), national origin, or economic status.

           *       *       *       *       *       *       *


Sec. 1867. Challenging compliance with selection procedures

  (a) In criminal cases, before the voir dire examination 
begins, or within seven days after the defendant discovered or 
could have discovered, by the exercise of diligence, the 
grounds therefor, whichever is earlier, the defendant may move 
to dismiss the indictment or stay the proceedings against him 
on the ground of substantial failure to comply with the 
provisions of this title in selecting the grand or petit jury.
  (b) In criminal cases, before the voir dire examination 
begins, or within seven days after the Attorney General of the 
United States discovered or could have discovered, by the 
exercise of diligence, the grounds therefor, whichever is 
earlier, the Attorney General may move to dismiss the 
indictment or stay the proceedings on the ground of substantial 
failure to comply with the provisions of this title in 
selecting the grand or petit jury.
  (c) In civil cases, before the voir dire examination begins, 
or within seven days after the party discovered or could have 
discovered, by the exercise of diligence, the grounds therefor, 
whichever is earlier, any party may move to stay the 
proceedings on the ground of substantial failure to comply with 
the provisions of this title in selecting the petit jury.
  (d) Upon motion filed under subsection (a), (b), or (c) of 
this section, containing a sworn statement of facts which, if 
true, would constitute a substantial failure to comply with the 
provisions of this title, the moving party shall be entitled to 
present in support of such motion the testimony of the jury 
commission or clerk, if available, any relevant records and 
papers not public or otherwise available used by the jury 
commissioner or clerk, and any other relevant evidence. If the 
court determines that there has been a substantial failure to 
comply with the provisions of this title in selecting the grand 
jury, the court shall stay the proceedings pending the 
selection of a grand jury in conformity with this title or 
dismiss the indictment, whichever is appropriate. If the court 
determines that there has been a substantial failure to comply 
with the provisions of this title in selecting the petit jury, 
the court shall stay the proceedings pending the selection of a 
petit jury in conformity with this title.
  (e) The procedures prescribed by this section shall be the 
exclusive means by which a person accused of a Federal crime, 
the Attorney General of the United States or a party in a civil 
case may challenge any jury on the ground that such jury was 
not selected in conformity with the provisions of this title. 
Nothing in this section shall preclude any person or the United 
States from pursuing any other remedy, civil or criminal, which 
may be available for the vindication or enforcement of any law 
prohibiting discrimination on account of race, color, religion, 
sex, (including sexual orientation and gender identity), 
national origin or economic status in the selection of persons 
for service on grand or petit juries.
  (f) The contents of records or papers used by the jury 
commission or clerk in connection with the jury selection 
process shall not be disclosed, except pursuant to the district 
court plan or as may be necessary in the preparation or 
presentation of a motion under subsection (a), (b), or (c) of 
this section, until after the master jury wheel has been 
emptied and refilled pursuant to section 1863(b)(4) of this 
title and all persons selected to serve as jurors before the 
master wheel was emptied have completed such service. The 
parties in a case shall be allowed to inspect, reproduce, and 
copy such records or papers at all reasonable times during the 
preparation and pendency of such a motion. Any person who 
discloses the contents of any record or paper in violation of 
this subsection may be fined not more than $1,000 or imprisoned 
not more than one year, or both.

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Sec. 1869. Definitions

  For purposes of this chapter--
  (a) ``clerk'' and ``clerk of the court'' shall mean the clerk 
of the district court of the United States, any authorized 
deputy clerk, and any other person authorized by the court to 
assist the clerk in the performance of functions under this 
chapter;
  (b) ``chief judge'' shall mean the chief judge of any 
district court of the United States;
  (c) ``voter registration lists'' shall mean the official 
records maintained by State or local election officials of 
persons registered to vote in either the most recent State or 
the most recent Federal general election, or, in the case of a 
State or political subdivision thereof that does not require 
registration as a prerequisite to voting, other official lists 
of persons qualified to vote in such election. The term shall 
also include the list of eligible voters maintained by any 
Federal examiner pursuant to the Voting Rights Act of 1965 
where the names on such list have not been included on the 
official registration lists or other official lists maintained 
by the appropriate State or local officials. With respect to 
the districts of Guam and the Virgin Islands, ``voter 
registration lists'' shall mean the official records maintained 
by territorial election officials of persons registered to vote 
in the most recent territorial general election;
  (d) ``lists of actual voters'' shall mean the official lists 
of persons actually voting in either the most recent State or 
the most recent Federal general election;
  (e) ``division'' shall mean: (1) one or more statutory 
divisions of a judicial district; or (2) in statutory divisions 
that contain more than one place of holding court, or in 
judicial districts where there are no statutory divisions, such 
counties, parishes, or similar political subdivisions 
surrounding the places where court is held as the district 
court plan shall determine: Provided, That each county, parish, 
or similar political subdivision shall be included in some such 
division;
  (f) ``district court of the United States'', ``district 
court'', and ``court'' shall mean any district court 
established by chapter 5 of this title, and any court which is 
created by Act of Congress in a territory and is invested with 
any jurisdiction of a district court established by chapter 5 
of this title;
  (g) ``jury wheel'' shall include any device or system similar 
in purpose or function, such as a properly programed electronic 
data processing system or device;
  (h) ``juror qualification form'' shall mean a form prescribed 
by the Administrative Office of the United States Courts and 
approved by the Judicial Conference of the United States, which 
shall elicit the name, address, age, race, occupation, 
education, length of residence within the judicial district, 
distance from residence to place of holding court, prior jury 
service, and citizenship of a potential juror, and whether he 
should be excused or exempted from jury service, has any 
physical or mental infirmity impairing his capacity to serve as 
juror, is able to read, write, speak, and understand the 
English language, has pending against him any charge for the 
commission of a State or Federal criminal offense punishable by 
imprisonment for more than one year, or has been convicted in 
any State or Federal court of record of a crime punishable by 
imprisonment for more than one year and has not had his civil 
rights restored. The form shall request, but not require, any 
other information not inconsistent with the provisions of this 
title and required by the district court plan in the interests 
of the sound administration of justice. The form shall also 
elicit the sworn statement that his responses are true to the 
best of his knowledge. Notarization shall not be required. The 
form shall contain words clearly informing the person that the 
furnishing of any information with respect to his religion, 
national origin, or economic status is not a prerequisite to 
his qualification for jury service, that such information need 
not be furnished if the person finds it objectionable to do so, 
and that information concerning race is required solely to 
enforce nondiscrimination in jury selection and has no bearing 
on an individual's qualification for jury service.
  (i) ``public officer'' shall mean a person who is either 
elected to public office or who is directly appointed by a 
person elected to public office;
  (j) ``undue hardship or extreme inconvenience'', as a basis 
for excuse from immediate jury service under section 1866(c)(1) 
of this chapter, shall mean great distance, either in miles or 
traveltime, from the place of holding court, grave illness in 
the family or any other emergency which outweighs in immediacy 
and urgency the obligation to serve as a juror when summoned, 
or any other factor which the court determines to constitute an 
undue hardship or to create an extreme inconvenience to the 
juror; and in addition, in situations where it is anticipated 
that a trial or grand jury proceeding may require more than 
thirty days of service, the court may consider, as a further 
basis for temporary excuse, severe economic hardship to an 
employer which would result from the absence of a key employee 
during the period of such service; [and]
  (k) ``jury summons'' shall mean a summons issued by a clerk 
of court, jury commission, or their duly designated deputies, 
containing either a preprinted or stamped seal of court, and 
containing the name of the issuing clerk imprinted in 
preprinted, type, or facsimile manner on the summons or the 
envelopes transmitting the summons[.];
  (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.

           *       *       *       *       *       *       *


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''.

           *       *       *       *       *       *       *

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


            Signed,
                                   Doug Collins,
                                     Ranking Member.
                                   Louie Gohmert.
                                   Matt Gaetz.
                                   Mike Johnson.
                                   Tom McClintock.
                                   Debbie Lesko.
                                   Kelly Armstrong.
                                   W. Gregory Steube.
                                   Guy Reschenthaler.
                                   Andy Biggs.

                                  [all]