Federal

Equality Act

Source: Congress.gov · 7,208 words in original text

What This Bill Does

This bill adds sexual orientation and gender identity to existing federal laws that already prohibit discrimination based on sex. It applies these protections to jobs, housing, credit, public spaces like restaurants and stores, education, and jury service. The bill says discrimination based on sexual orientation or gender identity is a form of sex discrimination under federal law. ##

Who It Affects

Employers, landlords, banks and lenders, businesses that serve the public (restaurants, stores, hotels, salons, etc.), schools, adoption and foster care agencies, airlines and transportation companies, federal contractors and agencies, and anyone involved in jury selection. ##

Key Provisions

• Adds sexual orientation and gender identity protections to rules about public accommodations (Sec. 3), meaning stores, restaurants, hotels, transportation services and other businesses cannot discriminate based on these characteristics. • Extends these same protections to employment discrimination laws (Sec. 7), covering private employers, federal employees, and Congress. • Applies protections to housing discrimination laws (Sec. 10), making it illegal to refuse housing, loans or services based on sexual orientation or gender identity. • Extends protections to credit discrimination (Sec. 11), so lenders cannot deny mortgages, credit cards or loans based on sexual orientation or gender identity. • Prevents discrimination in jury selection (Sec. 12), making it illegal for lawyers to remove potential jurors based on actual or perceived sexual orientation or gender identity. ##

What Changes

Federal laws that currently ban sex discrimination in employment, housing, credit, education and public accommodations will now explicitly include sexual orientation and gender identity as protected categories. Schools cannot segregate or discriminate based on these characteristics. Employers must treat pregnancy the same as other medical conditions. Individuals must be allowed to use facilities that match their gender identity. The Religious Freedom Restoration Act cannot be used as a legal defense to claims of discrimination under these federal laws. ##

Important Definitions

**Gender Identity**: The gender-related identity, appearance, mannerisms or other gender-related characteristics of a person, regardless of what sex was listed at birth. (Sec. 9) **Sexual Orientation**: Homosexuality, heterosexuality or bisexuality. (Sec. 9) **Sex**: Includes sex stereotypes, pregnancy or childbirth or related medical conditions, sexual orientation, gender identity, and sex characteristics including intersex traits. (Sec. 9) **Sex Stereotypes**: Beliefs about how people should look or act based on their sex. (Sec. 9) **Perception or Belief**: Discrimination counts even if the belief about someone's characteristics is inaccurate. (Sec. 9) ##

I 118TH CONGRESS 1ST SESSION H. R. 15 To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 21, 2023 Mr. TAKANO (for himself, Ms. ADAMS, Mr. AGUILAR, Mr. ALLRED, Mr. AUCHINCLOSS, Ms. BALINT, Ms. BARRAGA´N, Mrs. BEATTY, Mr. BERA, Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BOWMAN, Mr. BOYLE of Pennsylvania, Ms. BROWN, Ms. BROWNLEY, Ms. BUDZINSKI, Ms. BUSH, Ms. CARAVEO, Mr. CARBAJAL, Mr. CA´RDENAS, Mr. CARSON, Mr. CARTER of Louisiana, Mr. CARTWRIGHT, Mr. CASAR, Mr. CASE, Mr. CASTEN, Ms. CASTOR of Florida, Mr. CASTRO of Texas, Mrs. CHERFILUS-MCCORMICK, Ms. CHU, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLEAVER, Mr. CLYBURN, Mr. COHEN, Mr. CONNOLLY, Mr. CORREA, Mr. COSTA, Mr. COURTNEY, Ms. CRAIG, Ms. CROCKETT, Mr. CROW, Mr. CUELLAR, Ms. DAVIDS of Kansas, Mr. DAVIS of Illinois, Mr. DAVIS of North Caro- lina, Ms. DEAN of Pennsylvania, Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mr. DELUZIO, Mr. DESAULNIER, Mrs. DINGELL, Mr. DOG- GETT, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. EVANS, Mrs. FLETCHER, Mr. FOSTER, Mrs. FOUSHEE, Ms. LOIS FRANKEL of Florida, Mr. FROST, Mr. GALLEGO, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. ROBERT GARCIA of California, Mr. GARCI´A of Illinois, Ms. PEREZ, Mr. GOLDEN of Maine, Mr. GOLDMAN of New York, Mr. GOMEZ, Mr. VICENTE GONZALEZ of Texas, Mr. GOTTHEIMER, Mr. GREEN of Texas, Mr. GRIJALVA, Mr. HARDER of California, Mrs. HAYES, Mr. HIGGINS of New York, Mr. HIMES, Mr. HORSFORD, Ms. HOULAHAN, Mr. HOYER, Ms. HOYLE of Oregon, Mr. HUFFMAN, Mr. IVEY, Mr. JACKSON of North Carolina, Mr. JACKSON of Illinois, Ms. JACKSON LEE, Ms. JACOBS, Ms. JAYAPAL, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. KAMLAGER- DOVE, Ms. KAPTUR, Mr. KEATING, Ms. KELLY of Illinois, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIM of New Jersey, Mr. KRISHNAMOORTHI, Ms. KUSTER, Mr. LANDSMAN, Mr. LARSEN of Wash- ington, Mr. LARSON of Connecticut, Ms. LEE of California, Ms. LEE of Pennsylvania, Ms. LEE of Nevada, Ms. LEGER FERNANDEZ, Mr. LEVIN, Mr. LIEU, Ms. LOFGREN, Mr. LYNCH, Mr. MAGAZINER, Ms. MANNING, Ms. MATSUI, Mrs. MCBATH, Mrs. MCCLELLAN, Ms. MCCOLLUM, Mr. MCGARVEY, Mr. MCGOVERN, Mr. MEEKS, Mr. MENENDEZ, Ms. MENG, VerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H15.IH H15 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 15 IH Mr. MFUME, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. MOSKOWITZ, Mr. MOULTON, Mr. MRVAN, Mr. MULLIN, Mr. NADLER, Mrs. NAPOLI- TANO, Mr. NEAL, Mr. NEGUSE, Mr. NICKEL, Mr. NORCROSS, Ms. NOR- TON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PAPPAS, Mr. PASCRELL, Mr. PAYNE, Ms. PELOSI, Mrs. PELTOLA, Mr. PETERS, Ms. PETTERSEN, Mr. PHILLIPS, Ms. PINGREE, Ms. PLASKETT, Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. QUIGLEY, Mrs. RAMIREZ, Mr. RASKIN, Ms. ROSS, Mr. RUIZ, Mr. RUPPERSBERGER, Mr. RYAN, Mr. SABLAN, Ms. SALINAS, Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Ms. SCHOLTEN, Ms. SCHRIER, Mr. SCOTT of Virginia, Mr. DAVID SCOTT of Georgia, Ms. SE- WELL, Mr. SHERMAN, Ms. SHERRILL, Ms. SLOTKIN, Mr. SMITH of Wash- ington, Mr. SORENSEN, Mr. SOTO, Ms. SPANBERGER, Ms. STANSBURY, Mr. STANTON, Ms. STEVENS, Ms. STRICKLAND, Mr. SWALWELL, Mrs. SYKES, Mr. THANEDAR, Mr. THOMPSON of California, Mr. THOMPSON of Mississippi, Ms. TITUS, Ms. TLAIB, Ms. TOKUDA, Mr. TONKO, Mr. TORRES of New York, Mrs. TORRES of California, Mrs. TRAHAN, Mr. TRONE, Ms. UNDERWOOD, Mr. VARGAS, Mr. VASQUEZ, Mr. VEASEY, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mrs. WATSON COLEMAN, Ms. WEXTON, Ms. WILD, Ms. WILLIAMS of Georgia, and Ms. WILSON of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Financial Services, House Administration, and Oversight and Accountability, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Equality Act’’. 4 SEC. 2. FINDINGS AND PURPOSE. 5 (a) FINDINGS.—Congress finds the following: 6 VerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 15 IH (1) Discrimination can occur on the basis of the 1 sex, sexual orientation, gender identity, pregnancy, 2 childbirth, or a related medical condition of an indi- 3 vidual, as well as because of sex-based stereotypes. 4 Each of these factors alone can serve as the basis 5 for discrimination, and each is a form of sex dis- 6 crimination. 7 (2) A single instance of discrimination may 8 have more than one basis. For example, discrimina- 9 tion against a married same-sex couple could be 10 based on the sex stereotype that marriage should 11 only be between heterosexual couples, the sexual ori- 12 entation of the two individuals in the couple, or 13 both. In addition, some persons are subjected to dis- 14 crimination based on a combination or the intersec- 15 tion of multiple protected characteristics. Discrimi- 16 nation against a pregnant lesbian could be based on 17 her sex, her sexual orientation, her pregnancy, or on 18 the basis of multiple factors. 19 (3) Lesbian, gay, bisexual, transgender, and 20 queer (referred to as ‘‘LGBTQ’’) people commonly 21 experience discrimination in securing access to pub- 22 lic accommodations—including restaurants, senior 23 centers, stores, places of or establishments that pro- 24 vide entertainment, health care facilities, shelters, 25 VerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 15 IH government offices, youth service providers including 1 adoption and foster care providers, and transpor- 2 tation. Forms of discrimination include the exclusion 3 and denial of entry, unequal or unfair treatment, 4 harassment, and violence. This discrimination pre- 5 vents the full participation of LGBTQ people in so- 6 ciety and disrupts the free flow of commerce. 7 (4) Women also have faced discrimination in 8 many establishments such as stores and restaurants, 9 and places or establishments that provide other 10 goods or services, such as entertainment or transpor- 11 tation, including sexual harassment, differential pric- 12 ing for substantially similar products and services, 13 and denial of services because they are pregnant or 14 breastfeeding. 15 (5) Many employers already and continue to 16 take proactive steps, beyond those required by some 17 States and localities, to ensure they are fostering 18 positive and respectful cultures for all employees. 19 Many places of public accommodation also recognize 20 the economic imperative to offer goods and services 21 to as many consumers as possible. 22 (6) Regular and ongoing discrimination against 23 LGBTQ people, as well as women, in accessing pub- 24 lic accommodations contributes to negative social 25 VerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 15 IH and economic outcomes, and in the case of public ac- 1 commodations operated by State and local govern- 2 ments, abridges individuals’ constitutional rights. 3 (7) The discredited practice known as ‘‘conver- 4 sion therapy’’ is a form of discrimination that harms 5 LGBTQ people by undermining individuals’ sense of 6 self worth, increasing suicide ideation and substance 7 abuse, exacerbating family conflict, and contributing 8 to second-class status. 9 (8) Both LGBTQ people and women face wide- 10 spread discrimination in employment and various 11 services, including by entities that receive Federal fi- 12 nancial assistance. Such discrimination— 13 (A) is particularly troubling and inappro- 14 priate for programs and services funded wholly 15 or in part by the Federal Government; 16 (B) undermines national progress toward 17 equal treatment regardless of sex, sexual ori- 18 entation, or gender identity; and 19 (C) is inconsistent with the constitutional 20 principle of equal protection under the Four- 21 teenth Amendment to the Constitution of the 22 United States. 23 (9) Federal courts have widely recognized that, 24 in enacting the Civil Rights Act of 1964, Congress 25 VerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 15 IH validly invoked its powers under the Fourteenth 1 Amendment to provide a full range of remedies in 2 response to persistent, widespread, and pervasive 3 discrimination by both private and government ac- 4 tors. 5 (10) Discrimination by State and local govern- 6 ments on the basis of sexual orientation or gender 7 identity in employment, housing, and public accom- 8 modations, and in programs and activities receiving 9 Federal financial assistance, violates the Equal Pro- 10 tection Clause of the Fourteenth Amendment to the 11 Constitution of the United States. In many cir- 12 cumstances, such discrimination also violates other 13 constitutional rights such as those of liberty and pri- 14 vacy under the due process clause of the Fourteenth 15 Amendment. 16 (11) Individuals who are LGBTQ, or are per- 17 ceived to be LGBTQ, have been subjected to a his- 18 tory and pattern of persistent, widespread, and per- 19 vasive discrimination on the bases of sexual orienta- 20 tion and gender identity by both private sector and 21 Federal, State, and local government actors, includ- 22 ing in employment, housing, and public accommoda- 23 tions, and in programs and activities receiving Fed- 24 eral financial assistance. This discrimination inflicts 25 VerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 15 IH a range of tangible and intangible harms, sometimes 1 even including serious physical injury or death. An 2 explicit and comprehensive national solution is need- 3 ed to address this discrimination, including the full 4 range of remedies available under the Civil Rights 5 Act of 1964. 6 (12) Discrimination based on sexual orientation 7 includes discrimination based on an individual’s ac- 8 tual or perceived romantic, emotional, physical, or 9 sexual attraction to other persons, or lack thereof, 10 on the basis of gender. LGBTQ people, including 11 gender nonbinary people, also commonly experience 12 discrimination because of sex-based stereotypes. 13 Many people are subjected to discrimination because 14 of others’ perceptions or beliefs regarding their sex- 15 ual orientation. Even if these perceptions are incor- 16 rect, the identity imputed by others forms the basis 17 of discrimination. 18 (13) Numerous provisions of Federal law ex- 19 pressly prohibit discrimination on the basis of sex, 20 and Federal courts and agencies have correctly in- 21 terpreted these prohibitions on sex discrimination to 22 include discrimination based on sexual orientation, 23 gender identity, and sex stereotypes. In particular, 24 the Supreme Court of the United States correctly 25 VerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 15 IH held in Bostock v. Clayton County, 140 S. Ct. 1731 1 (2020) that the prohibition on employment discrimi- 2 nation because of sex under title VII of the Civil 3 Rights Act of 1964 inherently includes discrimina- 4 tion because of sexual orientation or transgender 5 status. 6 (14) This Act makes explicit that existing Fed- 7 eral statutes prohibiting sex discrimination in em- 8 ployment (including in access to benefits), 9 healthcare, housing, education, credit, and jury serv- 10 ice also prohibit sexual orientation and gender iden- 11 tity discrimination. 12 (15) LGBTQ people often face discrimination 13 when seeking to rent or purchase housing, as well as 14 in every other aspect of obtaining and maintaining 15 housing. LGBTQ people in same-sex relationships 16 are often discriminated against when two names as- 17 sociated with one gender appear on a housing appli- 18 cation, and transgender people often encounter dis- 19 crimination when credit checks or inquiries reveal a 20 former name. 21 (16) National surveys, including a study com- 22 missioned by the Department of Housing and Urban 23 Development, show that housing discrimination 24 against LGBTQ people is very prevalent. For in- 25 VerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 15 IH stance, when same-sex couples inquire about housing 1 that is available for rent, they are less likely to re- 2 ceive positive responses from landlords. A national 3 matched-pair testing investigation found that nearly 4 one-half of same-sex couples had encountered ad- 5 verse, differential treatment when seeking elder 6 housing. According to other studies, transgender 7 people have half the homeownership rate of non- 8 transgender people and about 1 in 5 transgender 9 people experience homelessness. Another survey 10 found that 82 percent of gender nonbinary people 11 experiencing homelessness lacked access to shelter. 12 (17) As a result of the absence of explicit prohi- 13 bitions against discrimination on the basis of sexual 14 orientation and gender identity, credit applicants 15 who are LGBTQ, or are perceived to be LGBTQ, 16 have unequal opportunities to establish credit. 17 LGBTQ people can experience being denied a mort- 18 gage, credit card, student loan, or many other types 19 of credit simply because of their sexual orientation 20 or gender identity. 21 (18) Numerous studies demonstrate that 22 LGBTQ people, especially transgender people and 23 women, are economically disadvantaged and at a 24 higher risk for poverty compared with other groups 25 VerDate Sep 11 2014 04:42 Jun 22, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 15 IH of people. For example, the poverty rate for older 1 women in same-sex couples is twice that of older dif- 2 ferent-sex couples. 3 (19) The right to an impartial jury of one’s 4 peers and the reciprocal right to jury servic [Text truncated for display. Full text available on Congress.gov.]

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