[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5 Placed on Calendar Senate (PCS)]

<DOC>





                                                         Calendar No. 9
117th CONGRESS
  1st Session
                                 H. R. 5


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2021

                                Received

                March 2 (legislative day, March 1), 2021

                          Read the first time

                             March 2, 2021

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equality Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Discrimination can occur on the basis of the sex, 
        sexual orientation, gender identity, pregnancy, childbirth, or 
        a related medical condition of an individual, as well as 
        because of sex-based stereotypes. Each of these factors alone 
        can serve as the basis for discrimination, and each is a form 
        of sex discrimination.
            (2) A single instance of discrimination may have more than 
        one basis. For example, discrimination against a married same-
        sex couple could be based on the sex stereotype that marriage 
        should only be between heterosexual couples, the sexual 
        orientation of the two individuals in the couple, or both. In 
        addition, some persons are subjected to discrimination based on 
        a combination or the intersection of multiple protected 
        characteristics. Discrimination against a pregnant lesbian 
        could be based on her sex, her sexual orientation, her 
        pregnancy, or on the basis of multiple factors.
            (3) Lesbian, gay, bisexual, transgender, and queer 
        (referred to as ``LGBTQ'') people commonly experience 
        discrimination in securing access to public accommodations--
        including restaurants, senior centers, stores, places of or 
        establishments that provide entertainment, health care 
        facilities, shelters, government offices, youth service 
        providers including adoption and foster care providers, and 
        transportation. Forms of discrimination include the exclusion 
        and denial of entry, unequal or unfair treatment, harassment, 
        and violence. This discrimination prevents the full 
        participation of LGBTQ people in society and disrupts the free 
        flow of commerce.
            (4) Women also have faced discrimination in many 
        establishments such as stores and restaurants, and places or 
        establishments that provide other goods or services, such as 
        entertainment or transportation, including sexual harassment, 
        differential pricing for substantially similar products and 
        services, and denial of services because they are pregnant or 
        breastfeeding.
            (5) Many employers already and continue to take proactive 
        steps, beyond those required by some States and localities, to 
        ensure they are fostering positive and respectful cultures for 
        all employees. Many places of public accommodation also 
        recognize the economic imperative to offer goods and services 
        to as many consumers as possible.
            (6) Regular and ongoing discrimination against LGBTQ 
        people, as well as women, in accessing public accommodations 
        contributes to negative social and economic outcomes, and in 
        the case of public accommodations operated by State and local 
        governments, abridges individuals' constitutional rights.
            (7) The discredited practice known as ``conversion 
        therapy'' is a form of discrimination that harms LGBTQ people 
        by undermining individuals' sense of self worth, increasing 
        suicide ideation and substance abuse, exacerbating family 
        conflict, and contributing to second-class status.
            (8) Both LGBTQ people and women face widespread 
        discrimination in employment and various services, including by 
        entities that receive Federal financial assistance. Such 
        discrimination--
                    (A) is particularly troubling and inappropriate for 
                programs and services funded wholly or in part by the 
                Federal Government;
                    (B) undermines national progress toward equal 
                treatment regardless of sex, sexual orientation, or 
                gender identity; and
                    (C) is inconsistent with the constitutional 
                principle of equal protection under the Fourteenth 
                Amendment to the Constitution of the United States.
            (9) Federal courts have widely recognized that, in enacting 
        the Civil Rights Act of 1964, Congress validly invoked its 
        powers under the Fourteenth Amendment to provide a full range 
        of remedies in response to persistent, widespread, and 
        pervasive discrimination by both private and government actors.
            (10) Discrimination by State and local governments on the 
        basis of sexual orientation or gender identity in employment, 
        housing, and public accommodations, and in programs and 
        activities receiving Federal financial assistance, violates the 
        Equal Protection Clause of the Fourteenth Amendment to the 
        Constitution of the United States. In many circumstances, such 
        discrimination also violates other constitutional rights such 
        as those of liberty and privacy under the due process clause of 
        the Fourteenth Amendment.
            (11) Individuals who are LGBTQ, or are perceived to be 
        LGBTQ, have been subjected to a history and pattern of 
        persistent, widespread, and pervasive discrimination on the 
        bases of sexual orientation and gender identity by both private 
        sector and Federal, State, and local government actors, 
        including in employment, housing, and public accommodations, 
        and in programs and activities receiving Federal financial 
        assistance. This discrimination inflicts a range of tangible 
        and intangible harms, sometimes even including serious physical 
        injury or death. An explicit and comprehensive national 
        solution is needed to address this discrimination, including 
        the full range of remedies available under the Civil Rights Act 
        of 1964.
            (12) Discrimination based on sexual orientation includes 
        discrimination based on an individual's actual or perceived 
        romantic, emotional, physical, or sexual attraction to other 
        persons, or lack thereof, on the basis of gender. LGBTQ people, 
        including gender nonbinary people, also commonly experience 
        discrimination because of sex-based stereotypes. Many people 
        are subjected to discrimination because of others' perceptions 
        or beliefs regarding their sexual orientation. Even if these 
        perceptions are incorrect, the identity imputed by others forms 
        the basis of discrimination.
            (13) Numerous provisions of Federal law expressly prohibit 
        discrimination on the basis of sex, and Federal courts and 
        agencies have correctly interpreted these prohibitions on sex 
        discrimination to include discrimination based on sexual 
        orientation, gender identity, and sex stereotypes. In 
        particular, the Supreme Court of the United States correctly 
        held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020) that 
        the prohibition on employment discrimination because of sex 
        under title VII of the Civil Rights Act of 1964 inherently 
        includes discrimination because of sexual orientation or 
        transgender status.
            (14) This Act makes explicit that existing Federal statutes 
        prohibiting sex discrimination in employment (including in 
        access to benefits), healthcare, housing, education, credit, 
        and jury service also prohibit sexual orientation and gender 
        identity discrimination.
            (15) LGBTQ people often face discrimination when seeking to 
        rent or purchase housing, as well as in every other aspect of 
        obtaining and maintaining housing. LGBTQ people in same-sex 
        relationships are often discriminated against when two names 
        associated with one gender appear on a housing application, and 
        transgender people often encounter discrimination when credit 
        checks or inquiries reveal a former name.
            (16) National surveys, including a study commissioned by 
        the Department of Housing and Urban Development, show that 
        housing discrimination against LGBTQ people is very prevalent. 
        For instance, when same-sex couples inquire about housing that 
        is available for rent, they are less likely to receive positive 
        responses from landlords. A national matched-pair testing 
        investigation found that nearly one-half of same-sex couples 
        had encountered adverse, differential treatment when seeking 
        elder housing. According to other studies, transgender people 
        have half the homeownership rate of non-transgender people and 
        about 1 in 5 transgender people experience homelessness. 
        Another survey found that 82 percent of gender nonbinary people 
        experiencing homelessness lacked access to shelter.
            (17) As a result of the absence of explicit prohibitions 
        against discrimination on the basis of sexual orientation and 
        gender identity, credit applicants who are LGBTQ, or are 
        perceived to be LGBTQ, have unequal opportunities to establish 
        credit. LGBTQ people can experience being denied a mortgage, 
        credit card, student loan, or many other types of credit simply 
        because of their sexual orientation or gender identity.
            (18) Numerous studies demonstrate that LGBTQ people, 
        especially transgender people and women, are economically 
        disadvantaged and at a higher risk for poverty compared with 
        other groups of people. For example, the poverty rate for older 
        women in same-sex couples is twice that of older different-sex 
        couples.
            (19) The right to an impartial jury of one's peers and the 
        reciprocal right to jury service are fundamental to the free 
        and democratic system of justice in the United States and are 
        based in the Bill of Rights. There is, however, an unfortunate 
        and long-documented history in the United States of attorneys 
        discriminating against LGBTQ individuals, or those perceived to 
        be LGBTQ, in jury selection. Failure to bar peremptory 
        challenges based on the actual or perceived sexual orientation 
        or gender identity of an individual not only erodes a 
        fundamental right, duty, and obligation of being a citizen of 
        the United States, but also unfairly creates a second class of 
        citizenship for LGBTQ victims, witnesses, plaintiffs, and 
        defendants.
            (20) Numerous studies document the shortage of qualified 
        and available homes for the approximately 424,000 youth in the 
        child welfare system and the negative outcomes for the many 
        youth who live in group care as opposed to a loving home or who 
        age out of care without a permanent family placement. Although 
        same-sex couples are 7 times more likely to foster or adopt 
        than their different-sex counterparts, many child-placing 
        agencies refuse to serve same-sex couples and LGBTQ 
        individuals. This has resulted in a reduction of the pool of 
        qualified and available homes for youth in the child welfare 
        system who need placement on a temporary or permanent basis. It 
        also sends a negative message about LGBTQ people to children 
        and youth in the child welfare system about who is, and who is 
        not, considered fit to be a parent. While the priority should 
        be on providing the supports necessary to keep children with 
        their families, when removal is required, barring 
        discrimination in foster care and adoption will increase the 
        number of homes available to foster children waiting for foster 
        and adoptive families.
            (21) LGBTQ youth are overrepresented in the foster care 
        system by at least a factor of two and report twice the rate of 
        poor treatment while in care compared to their non-LGBTQ 
        counterparts. LGBTQ youth in foster care have a higher average 
        number of placements, higher likelihood of living in a group 
        home, and higher rates of hospitalization for emotional reasons 
        and of juvenile justice involvement than their non-LGBTQ peers 
        because of the high level of bias and discrimination that they 
        face and the difficulty of finding affirming foster placements. 
        Further, due to their physical distance from friends and 
        family, traumatic experiences, and potentially unstable living 
        situations, all youth involved with child welfare services are 
        at risk for being targeted by traffickers seeking to exploit 
        children. Barring discrimination in child welfare services will 
        ensure improved treatment and outcomes for LGBTQ foster 
        children.
            (22) Courts consistently have found that the government has 
        a compelling interest in preventing and remedying 
        discrimination. For example, the Supreme Court of the United 
        States found there to be a compelling government interest in 
        eliminating sex discrimination in Board of Directors of Rotary 
        International v. Rotary Club of Duarte, 481 U.S. 537, 549 
        (1987). Because discrimination based on sexual orientation or 
        gender identity inherently is a form of sex discrimination, as 
        held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), this 
        Act furthers the compelling government interest in providing 
        redress for the serious harms to mental and physical health, 
        financial security and wellbeing, civic participation, freedom 
        of movement and opportunity, personal dignity, and physical 
        safety that result from discrimination. Consistent with the 
        role nondiscrimination laws play in protecting lives and 
        livelihoods, alleviating suffering, and improving individual 
        and public health, the Supreme Court of the United States has 
        long recognized, under the decision in Heart of Atlanta Motel, 
        Inc. v. United States, 379 U.S. 241 (1964), that these laws 
        also benefit society as a whole by ending the ``disruptive 
        effect'' discrimination has on travel and commerce, and by 
        creating a level field for all participants in a given sector.
            (23) As with all prohibitions on invidious discrimination, 
        this Act furthers the government's compelling interest in the 
        least restrictive way because only by forbidding discrimination 
        is it possible to avert or redress the harms described in this 
        subsection.
    (b) Purpose.--It is the purpose of this Act to expand as well as 
clarify, confirm and create greater consistency in the protections and 
remedies against discrimination on the basis of all covered 
characteristics and to provide guidance and notice to individuals, 
organizations, corporations, and agencies regarding their obligations 
under the law.

SEC. 3. PUBLIC ACCOMMODATIONS.

    (a) Prohibition on Discrimination or Segregation in Public 
Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 
2000a) is amended--
            (1) in subsection (a), by inserting ``sex (including sexual 
        orientation and gender identity),'' before ``or national 
        origin''; and
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking ``stadium'' and 
                all that follows and inserting ``stadium or other place 
                of or establishment that provides exhibition, 
                entertainment, recreation, exercise, amusement, public 
                gathering, or public display;'';
                    (B) by redesignating paragraph (4) as paragraph 
                (6); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) any establishment that provides a good, service, or 
        program, including a store, shopping center, online retailer or 
        service provider, salon, bank, gas station, food bank, service 
        or care center, shelter, travel agency, or funeral parlor, or 
        establishment that provides health care, accounting, or legal 
        services;
            ``(5) any train service, bus service, car service, taxi 
        service, airline service, station, depot, or other place of or 
        establishment that provides transportation service; and''.
    (b) Prohibition on Discrimination or Segregation Under Law.--
Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting 
``sex (including sexual orientation and gender identity),'' before ``or 
national origin''.
    (c) Rule of Construction.--Title II of such Act (42 U.S.C. 2000a et 
seq.) is amended by adding at the end the following:

``SEC. 208. RULE OF CONSTRUCTION.

    ``A reference in this title to an establishment--
            ``(1) shall be construed to include an individual whose 
        operations affect commerce and who is a provider of a good, 
        service, or program; and
            ``(2) shall not be construed to be limited to a physical 
        facility or place.''.

SEC. 4. DESEGREGATION OF PUBLIC FACILITIES.

    Section 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000b(a)) 
is amended by inserting ``sex (including sexual orientation and gender 
identity),'' before ``or national origin''.

SEC. 5. DESEGREGATION OF PUBLIC EDUCATION.

    (a) Definitions.--Section 401(b) of the Civil Rights Act of 1964 
(42 U.S.C. 2000c(b)) is amended by inserting ``(including sexual 
orientation and gender identity),'' before ``or national origin''.
    (b) Civil Actions by the Attorney General.--Section 407 of such Act 
(42 U.S.C. 2000c-6) is amended, in subsection (a)(2), by inserting 
``(including sexual orientation and gender identity),'' before ``or 
national origin''.
    (c) Classification and Assignment.--Section 410 of such Act (42 
U.S.C. 2000c-9) is amended by inserting ``(including sexual orientation 
and gender identity),'' before ``or national origin''.

SEC. 6. FEDERAL FUNDING.

    Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
amended by inserting ``sex (including sexual orientation and gender 
identity),'' before ``or national origin,''.

SEC. 7. EMPLOYMENT.

    (a) Rules of Construction.--Title VII of the Civil Rights Act of 
1964 is amended by inserting after section 701 (42 U.S.C. 2000e) the 
following:

``SEC. 701A. RULES OF CONSTRUCTION.

    ``Section 1106 shall apply to this title except that for purposes 
of that application, a reference in that section to an `unlawful 
practice' shall be considered to be a reference to an `unlawful 
employment practice'.''.
    (b) Unlawful Employment Practices.--Section 703 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e-2) is amended--
            (1) in the section header, by striking ``sex,'' and 
        inserting ``sex (including sexual orientation and gender 
        identity),'';
            (2) except in subsection (e), by striking ``sex,'' each 
        place it appears and inserting ``sex (including sexual 
        orientation and gender identity),'';
            (3) in subsection (e)(1), by striking ``enterprise,'' and 
        inserting ``enterprise, if, in a situation in which sex is a 
        bona fide occupational qualification, individuals are 
        recognized as qualified in accordance with their gender 
        identity,''; and
            (4) in subsection (h), by striking ``sex'' the second place 
        it appears and inserting ``sex (including sexual orientation 
        and gender identity),''.
    (c) Other Unlawful Employment Practices.--Section 704(b) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-3(b)) is amended--
            (1) by striking ``sex,'' the first place it appears and 
        inserting ``sex (including sexual orientation and gender 
        identity),''; and
            (2) by striking ``employment.'' and inserting ``employment, 
        if, in a situation in which sex is a bona fide occupational 
        qualification, individuals are recognized as qualified in 
        accordance with their gender identity.''.
    (d) Claims.--Section 706(g)(2)(A) of the Civil Rights Act of 1964 
(2000e-5(g)(2)(A)) is amended by striking ``sex,'' and inserting ``sex 
(including sexual orientation and gender identity),''.
    (e) Employment by Federal Government.--Section 717 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended--
            (1) in subsection (a), by striking ``sex,'' and inserting 
        ``sex (including sexual orientation and gender identity),''; 
        and
            (2) in subsection (c), by striking ``sex'' and inserting 
        ``sex (including sexual orientation and gender identity),''.
    (f) Government Employee Rights Act of 1991.--The Government 
Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) is amended--
            (1) in section 301(b), by striking ``sex,'' and inserting 
        ``sex (including sexual orientation and gender identity),'';
            (2) in section 302(a)(1), by striking ``sex,'' and 
        inserting ``sex (including sexual orientation and gender 
        identity),''; and
            (3) by adding at the end the following:

``SEC. 305. RULES OF CONSTRUCTION AND CLAIMS.

    ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 
shall apply to this title except that for purposes of that application, 
a reference in that section 1106 to `race, color, religion, sex 
(including sexual orientation and gender identity), or national origin' 
shall be considered to be a reference to `race, color, religion, sex, 
sexual orientation, gender identity, national origin, age, or 
disability'.''.
    (g) Congressional Accountability Act of 1995.--The Congressional 
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended--
            (1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by inserting 
        ``(including sexual orientation and gender identity),'' before 
        ``or national origin,''; and
            (2) by adding at the end of title II (42 U.S.C. 1311 et 
        seq.) the following:

``SEC. 209. RULES OF CONSTRUCTION AND CLAIMS.

    ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 
shall apply to section 201 (and remedial provisions of this Act related 
to section 201) except that for purposes of that application, a 
reference in that section 1106 to `race, color, religion, sex 
(including sexual orientation and gender identity), or national origin' 
shall be considered to be a reference to `race, color, religion, sex 
(including sexual orientation and gender identity), national origin, 
age, or disability'.''.
    (h) Civil Service Reform Act of 1978.--Chapter 23 of title 5, 
United States Code, is amended--
            (1) in section 2301(b)(2), by striking ``sex,'' and 
        inserting ``sex (including sexual orientation and gender 
        identity),'';
            (2) in section 2302--
                    (A) in subsection (b)(1)(A), by inserting 
                ``(including sexual orientation and gender identity),'' 
                before ``or national origin,''; and
                    (B) in subsection (d)(1), by inserting ``(including 
                sexual orientation and gender identity),'' before ``or 
                national origin;''; and
            (3) by adding at the end the following:

``SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS.

    ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 
shall apply to this chapter (and remedial provisions of this title 
related to this chapter) except that for purposes of that application, 
a reference in that section 1106 to `race, color, religion, sex 
(including sexual orientation and gender identity), or national origin' 
shall be considered to be a reference to `race, color, religion, sex 
(including sexual orientation and gender identity), national origin, 
age, a handicapping condition, marital status, or political 
affiliation'.''.

SEC. 8. INTERVENTION.

    Section 902 of the Civil Rights Act of 1964 (42 U.S.C. 2000h-2) is 
amended by inserting ``(including sexual orientation and gender 
identity),'' before ``or national origin,''.

SEC. 9. MISCELLANEOUS.

    Title XI of the Civil Rights Act of 1964 is amended--
            (1) by redesignating sections 1101 through 1104 (42 U.S.C. 
        2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h-5, 
        2000h-6) as sections 1102 through 1105 and sections 1108 and 
        1109, respectively;
            (2) by inserting after the title heading the following:

``SEC. 1101. DEFINITIONS AND RULES.

    ``(a) Definitions.--In titles II, III, IV, VI, VII, and IX 
(referred to individually in sections 1106 and 1107 as a `covered 
title'):
            ``(1) Race; color; religion; sex; sexual orientation; 
        gender identity; national origin.--The term `race', `color', 
        `religion', `sex' (including `sexual orientation' and `gender 
        identity'), or `national origin', used with respect to an 
        individual, includes--
                    ``(A) the race, color, religion, sex (including 
                sexual orientation and gender identity), or national 
                origin, respectively, of another person with whom the 
                individual is associated or has been associated; and
                    ``(B) a perception or belief, even if inaccurate, 
                concerning the race, color, religion, sex (including 
                sexual orientation and gender identity), or national 
                origin, respectively, of the individual.
            ``(2) Gender identity.--The term `gender identity' means 
        the gender-related identity, appearance, mannerisms, or other 
        gender-related characteristics of an individual, regardless of 
        the individual's designated sex at birth.
            ``(3) Including.--The term `including' means including, but 
        not limited to, consistent with the term's standard meaning in 
        Federal law.
            ``(4) Sex.--The term `sex' includes--
                    ``(A) a sex stereotype;
                    ``(B) pregnancy, childbirth, or a related medical 
                condition;
                    ``(C) sexual orientation or gender identity; and
                    ``(D) sex characteristics, including intersex 
                traits.
            ``(5) Sexual orientation.--The term `sexual orientation' 
        means homosexuality, heterosexuality, or bisexuality.
    ``(b) Rules.--In a covered title referred to in subsection (a)--
            ``(1) (with respect to sex) pregnancy, childbirth, or a 
        related medical condition shall not receive less favorable 
        treatment than other physical conditions; and
            ``(2) (with respect to gender identity) an individual shall 
        not be denied access to a shared facility, including a 
        restroom, a locker room, and a dressing room, that is in 
        accordance with the individual's gender identity.''; and
            (3) by inserting after section 1105 the following:

``SEC. 1106. RULES OF CONSTRUCTION.

    ``(a) Sex.--Nothing in section 1101 or the provisions of a covered 
title incorporating a term defined or a rule specified in that section 
shall be construed--
            ``(1) to limit the protection against an unlawful practice 
        on the basis of pregnancy, childbirth, or a related medical 
        condition provided by section 701(k); or
            ``(2) to limit the protection against an unlawful practice 
        on the basis of sex available under any provision of Federal 
        law other than that covered title, prohibiting a practice on 
        the basis of sex.
    ``(b) Claims and Remedies Not Precluded.--Nothing in section 1101 
or a covered title shall be construed to limit the claims or remedies 
available to any individual for an unlawful practice on the basis of 
race, color, religion, sex (including sexual orientation and gender 
identity), or national origin including claims brought pursuant to 
section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or 
any other law, including a Federal law amended by the Equality Act, 
regulation, or policy.
    ``(c) No Negative Inference.--Nothing in section 1101 or a covered 
title shall be construed to support any inference that any Federal law 
prohibiting a practice on the basis of sex does not prohibit 
discrimination on the basis of pregnancy, childbirth, or a related 
medical condition, sexual orientation, gender identity, or a sex 
stereotype.

``SEC. 1107. CLAIMS.

    ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb 
et seq.) shall not provide a claim concerning, or a defense to a claim 
under, a covered title, or provide a basis for challenging the 
application or enforcement of a covered title.''.

SEC. 10. HOUSING.

    (a) Fair Housing Act.--The Fair Housing Act (42 U.S.C. 3601 et 
seq.) is amended--
            (1) in section 802 (42 U.S.C. 3602), by adding at the end 
        the following:
    ``(p) `Gender identity', `sex', and `sexual orientation' have the 
meanings given those terms in section 1101(a) of the Civil Rights Act 
of 1964.
    ``(q) `Race', `color', `religion', `sex' (including `sexual 
orientation' and `gender identity'), `handicap', `familial status', or 
`national origin', used with respect to an individual, includes--
            ``(1) the race, color, religion, sex (including sexual 
        orientation and gender identity), handicap, familial status, or 
        national origin, respectively, of another person with whom the 
        individual is associated or has been associated; and
            ``(2) a perception or belief, even if inaccurate, 
        concerning the race, color, religion, sex (including sexual 
        orientation and gender identity), handicap, familial status, or 
        national origin, respectively, of the individual.'';
            (2) in section 804, 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.''.

            Passed the House of Representatives February 25, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
                                                         Calendar No. 9

117th CONGRESS

  1st Session

                                H. R. 5

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                March 2 (legislative day, March 1), 2021

                          Read the first time

                             March 2, 2021

            Read the second time and placed on the calendar