[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Pages S1279-S1283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4632. Mr. MERKLEY (for himself, Ms. Baldwin, and Mr. Booker)
submitted an amendment intended to be proposed by him to the bill S.
1383, to establish the Veterans Advisory Committee on Equal Access, and
for other purposes; which was ordered to lie on the table; as follows:
Strike all 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:
[[Page S1280]]
(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
[[Page S1281]]
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 well-being, 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
[[Page S1282]]
``(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 (42 U.S.C. 3604), by inserting
``(including sexual orientation and gender identity),'' after
``sex,'' each place that term appears;
(3) in section 805 (42 U.S.C. 3605), by inserting
``(including sexual orientation and gender identity),'' after
``sex,'' each place that term appears;
(4) in section 806 (42 U.S.C. 3606), by inserting
``(including sexual orientation and gender identity),'' after
``sex,'';
(5) in section 808(e)(6) (42 U.S.C. 3608(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,
[[Page S1283]]
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.''.
______