An amendment numbered 3 printed in House Report 110-422 to expand ENDA's protections to persons discriminated against based on gender identity, defined as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. The amendment includes language concerning shared facilities, dress, and grooming standards, as well as a paragraph stating that the construction of additional facilities are not required.

1. 1

   Change 1: Inserts new text after section 3(a)(5)

   Inserts

   Inserted: (6) Gender identity.--The term "gender identity" means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth.

   Original wording

   In section 3(a), after paragraph (5) insert the following (and redesignate succeeding paragraphs accordingly):

2. 2

   Change 2: Inserts new text after section 8(a)(2)

   Inserts

   Inserted: (3) Certain shared facilities.--Nothing in this Act shall be construed to establish an unlawful employment practice based on actual or perceived gender identity due to the denial of access to shared shower or dressing facilities in which being seen unclothed is unavoidable, provided that the employer provides reasonable access to adequate facilities that are not inconsistent with the employee's gender identity as established with the employer at the time of employment or upon notification to the employer that the employee has undergone or is undergoing gender transition, whichever is later.

   Inserted: (4) Additional facilities not required.--Nothing in this Act shall be construed to require the construction of new or additional facilities.

   Inserted: (5) Dress and grooming standards.--Nothing in this Act shall prohibit an employer from requiring an employee, during the employee's hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of Federal, State, or local law, provided that the employer permits any employee who has undergone gender transition prior to the time of employment, and any employee who has notified the employer that the employee has undergone or is undergoing gender transition after the time of employment, to adhere to the same dress or grooming standards for the gender to which the employee has transitioned or is transitioning.

   Original wording

   In section 8(a), insert after paragraph (2) the following (and redesignate succeeding paragraph accordingly):

Read automatically from the Congressional Record. Check the original before relying on it.

As printed