119 S2037 IS: Restoring Biological Truth to the Workplace Act U.S. Senate 2025-06-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 119th CONGRESS 1st Session S. 2037 IN THE SENATE OF THE UNITED STATES June 11, 2025 Mr. Banks introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title VII of the Civil Rights Act of 1964 to prohibit discrimination against employees on the basis of expression that describes, asserts, or reinforces the binary or biological nature of sex.

1.

Short title

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

2.

Prohibited unlawful employment action

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

3.

Prohibited retaliation

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