H.R. 5House116th Congress (2019-2021)Passed House

Equality Act

Introduced March 13, 2019

AI-Generated Summary

Updated April 13, 2026 at 11:48 PM UTC

The Equality Act would make it illegal to discriminate against people because of their sex, sexual orientation, or gender identity in many areas of public life, including jobs, housing, credit, schools, and places open to the public. It updates existing civil‑rights laws to add these protections, defines key terms, and says that religious‑freedom claims cannot be used to avoid compliance. The bill affects LGBTQ individuals, women, pregnant people, and any businesses, employers, or government programs that provide goods, services, or funding.

Key Provisions

  • Adds “sexual orientation and gender identity” to the list of protected classes under the Civil Rights Act of 1964, covering public accommodations, education, employment, and federally funded programs.
  • Amends Title II (public accommodations) to forbid discrimination in places such as restaurants, hotels, stores, online services, and transportation based on sex, sexual orientation, or gender identity.
  • Updates Title VII (employment) so employers, labor unions, and the federal government cannot discriminate because of sexual orientation or gender identity, and clarifies that gender identity can satisfy bona‑fide occupational qualifications.
  • Expands the Fair Housing Act and related housing statutes to protect against discrimination because of sexual orientation, gender identity, or sex‑related conditions like pregnancy.
  • Amends the Equal Credit Opportunity Act to prohibit credit discrimination on the basis of sexual orientation or gender identity.
  • Adds protections for LGBTQ individuals in jury selection, adoption/foster care, and other federal programs, and states that the Religious Freedom Restoration Act cannot be used as a defense against these civil‑rights violations.
  • Provides definitions for “sex,” “gender identity,” and “sexual orientation” and includes language that discrimination based on stereotypes, pregnancy, or related conditions is also prohibited.

Legislative Activity

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25 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

May 20, 2019

View full timeline
HouseIntro Referral

Introduced in House

March 13, 2019

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Financial Services, Oversight and Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

March 13, 2019

HouseCommittee

Committee Hearings Held.

April 2, 2019

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 1, 2019

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 10.

May 1, 2019

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 116-56, Part I.

May 10, 2019

HouseCommittee

Committee on Education and Labor discharged.

May 10, 2019

HouseCommittee

Committee on Financial Services discharged.

May 10, 2019

HouseCommittee

Committee on Oversight and Reform discharged.

May 10, 2019

HouseCommittee

Committee on House Administration discharged.

May 10, 2019

HouseCalendars

Placed on the Union Calendar, Calendar No. 34.

May 10, 2019

HouseFloor

Rules Committee Resolution H. Res. 377 Reported to House. Rule provides for consideration of H.R. 5, H.R. 312 and H.R. 987. The resolution provides for 90 minutes of debate on H.R. 5, under a closed rule. Section 2 of the resolution provides for 60 minutes of debate on H.R. 312, under a closed rule and section 3 provides 90 minutes of debate on H.R. 987, under a structured rule.

May 14, 2019 • 8:32 PM

HouseFloor

Considered under the provisions of rule H. Res. 377. (consideration: CR H3931-3950)

May 17, 2019 • 9:17 AM

HouseFloor

Rule provides for consideration of H.R. 5, H.R. 312 and H.R. 987. The resolution provides for 90 minutes of debate on H.R. 5, under a closed rule. Section 2 of the resolution provides for 60 minutes of debate on H.R. 312, under a closed rule and section 3 provides 90 minutes of debate on H.R. 987, under a structured rule.

May 17, 2019 • 9:17 AM

HouseFloor

DEBATE - The House proceeded with 90 minutes of debate on H.R. 5.

May 17, 2019 • 9:18 AM

HouseFloor

The previous question was ordered pursuant to the rule.

May 17, 2019 • 11:22 AM

HouseFloor

POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule 19, the Chair postponed further proceedings on H.R. 5.

May 17, 2019 • 11:22 AM

HouseFloor

Considered as unfinished business. (consideration: CR H3950-3953)

May 17, 2019 • 11:46 AM

HouseFloor

Mr. Steube moved to recommit with instructions to the Committee on the Judiciary. (text: CR H3950)

May 17, 2019 • 11:47 AM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Steube motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of the bill a new section that nothing in this Act or any amendment made by this Act may be construed to diminish any protections under title IX of the Education Amendments of 1972.

May 17, 2019 • 11:48 AM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection.

May 17, 2019 • 11:58 AM

HouseFloor

On motion to recommit with instructions Failed by recorded vote: 181 - 228 (Roll no. 216).

May 17, 2019 • 12:06 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 236 - 173 (Roll no. 217).(text: CR H3931-3934)

May 17, 2019 • 12:14 PM

HouseFloor

On passage Passed by recorded vote: 236 - 173 (Roll no. 217). (text: CR H3931-3934)

May 17, 2019 • 12:14 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 17, 2019 • 12:14 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

May 20, 2019

Floor Debate

20 members

What members said about H.R. 5 on the floor

8 Republicans12 Democrats
Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · May 15, 2019

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 377 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Mar 14, 2019

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H. Con. Res. 24. Mr. Speaker, I yield…

Tom Cole
Rep. Tom ColeR-OK-4 · May 15, 2019

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I want to begin by thanking the gentlewoman from Pennsylvania (Ms. Scanlon), my good friend, for yielding me the customary 30…

Doug Collins
Rep. Doug CollinsR-GA-9 · May 17, 2019

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I thank the gentleman from California for being here today and covering for us. Madam Speaker, again, we have talked about…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · May 10, 2019

Mr. Speaker, I thank my friend from Louisiana, the Republican whip, for yielding. On Monday, there will be no votes expected in the House. On Tuesday, the House will meet at 12 p.m. for morning-hour…

Show 8 more
Doug Collins
Rep. Doug CollinsR-GA-9 · Mar 14, 2019

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I intend to support this resolution, but as a matter of time and coming through this week, I have 30 minutes, so I might as well…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · May 10, 2019

Mr. Speaker, I rise for the purpose of inquiring of the majority leader the schedule for next week. Mr. Speaker, I yield to the gentleman from Maryland (Mr. Hoyer), who is the majority leader. Madam…

Al Green
Rep. Al GreenD-TX-9 · May 16, 2019

Madam Speaker, I thank the gentlewoman for yielding. Before getting into my message, I would like to acknowledge that I am an ally of the LGBTQ community. I do this and announce my support for H.R. 5…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 14, 2019

Mr. Speaker, I thank the chairman very much for yielding. I, too, add my appreciation to Mr. Collins' eagerness to adhere to what I think is an appropriate policy that reasserts the article I…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · May 17, 2019

Madam Speaker, pursuant to House Resolution 377, I call up the bill (H.R. 5) to prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes, and ask…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · May 17, 2019

Madam Speaker, I rise to support H.R. 5, the Equality Act. I have to stop for a second and take in this momentous occasion, for I have the honor of being on the floor of the U.S. House of…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 15, 2019

Madam Speaker, I rise in strong support of the rule governing debate of H.R. 5, the Equality Act, and the underlying legislation. I am proud to be an original co-sponsor of this legislation and I…

Tom McClintock
Rep. Tom McClintockR-CA-4 · May 17, 2019

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, there are some fundamental principles that we all ought to be able to agree on: Don't hurt other people; respect the right of…

Show 11 more
Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · May 17, 2019

Mr. Speaker, I thank the gentleman for yielding. I am so proud that the gentleman is in the Chair, as well as others who will preside in the course of this historic debate today, Angie Craig being…

James P. McGovern
Rep. James P. McGovernD-MA-2 · May 15, 2019

Madam Speaker, I want to thank the gentlewoman from Pennsylvania (Ms. Scanlon) for yielding me the time. So maybe it is just me. You know, I am still suffering from trauma, having served in the…

Chris Pappas
Rep. Chris PappasD-NH-1 · Mar 14, 2019

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the subject of my Special Order. Mr. Speaker, there…

Katie Porter
Rep. Katie PorterD-CA-45 · May 16, 2019

Madam Speaker, despite the enactment of marriage equality in 2015, same-gender couples continue to experience persistent and pervasive discrimination when it comes to home ownership. A recent study…

Rashida Tlaib
Rep. Rashida TlaibD-MI-13 · May 16, 2019

Madam Speaker, I rise today to uplift my LGBTQ neighbors at home in the 13th Congressional District. I want them to know that I uplift them today, and always, as their unwavering advocate in the…

Bradley Byrne
Rep. Bradley ByrneR-AL-1 · May 17, 2019

Mr. Speaker, I rise in strong opposition to H.R. 5. As many of my colleagues have stated, there are a number of very troubling issues with this legislation. In my mind, perhaps none is more troubling…

Louie Gohmert
Rep. Louie GohmertR-TX-1 · May 17, 2019

Mr. Speaker, I appreciate the efforts of my friends across the aisle who believe that they are acting on behalf of equality. I realize that they believe that their way of approaching things includes…

Vicky Hartzler
Rep. Vicky HartzlerR-MO-4 · May 17, 2019

Mr. Speaker, I rise today in strong opposition to H.R. 5, a deceptively named bill that is anything but equalizing. In fact, this bill legalizes discrimination, government-imposed, top-down…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 17, 2019

Mr. Speaker, I thank the gentleman very much, and I thank Mr. Cicilline. Let me refute the suggestion that this is a bill that was rushed to the floor. This is a work that has been germinating for 5…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · May 17, 2019

Madam Speaker, I thank the gentleman from California for yielding and for his tireless work exposing the deep flaws in this bill. Madam Speaker, I rise as the leader of the Republicans on the…

Adam B. Schiff
Rep. Adam B. SchiffD-CA-28 · Mar 14, 2019

Mr. Speaker, I thank the gentleman from New York (Mr. Nadler) for yielding and for his sponsorship of this important legislation. I rise in strong support. Special Counsel Robert Mueller was…

Bill Text

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Referred in SenateIssued May 20, 2019

IIB

116th CONGRESS

1st Session

H. R. 5

IN THE SENATE OF THE UNITED STATES

May 20, 2019

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.

1.

Short title

This Act may be cited as the Equality Act.

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.

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:

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.

.

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.

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.

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,.

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:

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:

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:

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:

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.

.

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,.

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:

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:

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.

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.

.

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:

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.

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.

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.

.

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:

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.

.

Passed the House of Representatives May 17, 2019.

Cheryl L. Johnson,

Clerk.