Fairness for All Act

I 117TH CONGRESS 1ST SESSION H. R. 1440 To prohibit discrimination on the basis of sex, sexual orientation, and gender identity; and to protect the free exercise of religion. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 26, 2021 Mr. STEWART (for himself, Mr. KINZINGER, Mr. GARBARINO, Mr. MOORE of Utah, Mr. FITZPATRICK, Mr. OWENS, Mr. GIMENEZ, Mr. JACOBS of New York, Ms. TENNEY, Ms. STEFANIK, Mr. UPTON, Mr. VAN DREW, Miss GONZA´LEZ-COLO´N, Mr. CURTIS, Ms. SALAZAR, Mr. DIAZ-BALART, Mr. AMODEI, Mr. SIMPSON, Ms. MALLIOTAKIS, Mr. STIVERS, and Mr. REED) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Oversight and Reform, House Administration, Financial Services, and Ways and Means, 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 A BILL To prohibit discrimination on the basis of sex, sexual orienta- tion, and gender identity; and to protect the free exercise of religion. 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 ‘‘Fairness for All Act’’. 4 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1440 IH SEC. 2. PROHIBITION AGAINST DISCRIMINATION OR SEG- 1 REGATION IN PLACES OF PUBLIC ACCOMMO- 2 DATION. 3 Section 201 of the Civil Rights Act of 1964 (42 4 U.S.C. 2000a) is amended— 5 (1) in subsection (a), by inserting ‘‘sex, sexual 6 orientation, gender identity,’’ before ‘‘or national ori- 7 gin’’; 8 (2) in subsection (b)— 9 (A) in paragraph (3), by striking ‘‘and’’ at 10 the end; 11 (B) by redesignating paragraph (4) as 12 paragraph (10); 13 (C) by inserting after paragraph (3) the 14 following: 15 ‘‘(4) any place of exercise, recreation, or amusement, 16 except religious camps or religious retreat centers unless 17 such camps or retreat centers discriminate because of 18 race, color, or national origin; 19 ‘‘(5) any provider of financial services, including 20 banks, credit unions, mortgage houses, brokers, and finan- 21 cial planners; 22 ‘‘(6) for the purpose of classifications enumerated in 23 subsection (a) and not described by section 1557 of the 24 Patient Protection and Affordable Care Act (42 U.S.C. 25 18116(a))— 26 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1440 IH ‘‘(A) any provider of medical services. It shall 1 not constitute a violation of this title to provide a 2 service, treatment, therapy, procedure, or drug on 3 the same medical terms or criteria applicable to indi- 4 viduals needing that service, treatment, therapy, pro- 5 cedure or drug, without regard to protected class 6 status; 7 ‘‘(B) any provider of mental health care, except 8 that this section shall not apply when the primary 9 objective is to assist a person in entering or sus- 10 taining a marriage, so long as the provider coordi- 11 nates a referral of the client to another qualified 12 mental health care provider who will provide the 13 needed service and the client is not in imminent dan- 14 ger of harming self or others; 15 ‘‘(C) nothing in subparagraph (B) shall apply 16 to a priest, pastor, rabbi, imam, or minister of any 17 faith while acting substantially in a ministerial ca- 18 pacity; and 19 ‘‘(D) a provider of medical services covered by 20 subparagraph (A) or a provider of mental health 21 care covered by subparagraph (B) may make evi- 22 dence-based medical determinations and may refer 23 patients when necessary for a patient’s best interests 24 and welfare, including professional expertise; 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1440 IH ‘‘(7) any place of or provider of transportation serv- 1 ices; 2 ‘‘(8) any provider of funeral services or burial plots, 3 except those that primarily limit their services or facilities 4 to those of a particular religion, unless such provider dis- 5 criminates because of race, color, or national origin; 6 ‘‘(9) any store, shopping center, or online retailer or 7 provider of online services that has 15 or more employees 8 for each working day in each of 20 or more calendar weeks 9 in the current or preceding calendar year. This employee 10 threshold shall not apply to a claim of discrimination be- 11 cause of race, color, or national origin or to a place of 12 public accommodation covered under paragraphs (1) 13 through (8);’’; and 14 (D) by inserting after paragraph (10) the 15 following: 16 ‘‘(11)(A) The provisions of this title shall not 17 apply to— 18 ‘‘(i) any building or collection of buildings 19 that is used primarily as a denominational 20 headquarters, church administrative office, or 21 church conference center; 22 ‘‘(ii) a place of worship, such as a church, 23 synagogue, mosque, chapel, and its appurtenant 24 properties used primarily for religious purposes; 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1440 IH ‘‘(iii) a religious educational institution 1 and its appurtenant properties used primarily 2 for religious purposes; 3 ‘‘(iv) in connection with a religious celebra- 4 tion or exercise: a facility that is supervised by 5 a priest, pastor, rabbi, imam, or minister of any 6 faith, or religious certifying body, and that is 7 principally engaged in providing food and bev- 8 erages in compliance with religious dietary re- 9 quirements; or 10 ‘‘(v) any online operations or activities of 11 an organization exempt under this section. 12 ‘‘(B) The following shall not be a place of pub- 13 lic accommodation, even if used for a commercial 14 purpose, except within the area and during the time 15 that the property or facility is open to the public; 16 operated primarily for a commercial purpose; and 17 not primarily related to the inculcation, promotion, 18 or expression of religion— 19 ‘‘(i) other appurtenant properties or facili- 20 ties owned or operated by a church, by another 21 house of worship, or by a religious educational 22 institution; or 23 ‘‘(ii) a property owned or operated pri- 24 marily for noncommercial purposes by a non- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1440 IH profit religious corporation that holds itself out 1 to the public as substantially religious, has as 2 its stated purpose in its organic documents that 3 it is religious, and is substantially religious in 4 its current operations. 5 ‘‘(C) Subparagraphs (A) and (B) shall not 6 apply to a person or entity that discriminates be- 7 cause of race, color, or national origin with respect 8 to a property or facility enumerated in subparagraph 9 (A) or (B). 10 ‘‘(12) Provided that equivalent treatment, serv- 11 ices, facilities, and benefits are made available and 12 without prejudicing rights or protections based on 13 any other protected class status— 14 ‘‘(A) nothing in this title that refers to 15 ‘sex’ shall be construed to prevent a fitness cen- 16 ter, spa, or similar place, whose services or fa- 17 cilities are intended for the exclusive use of per- 18 sons of the same sex, from providing the use of 19 those services or facilities exclusively to persons 20 of that sex or prohibit a place of public accom- 21 modation from temporarily restricting access to 22 a fitness center, spa, pool, or similar place, ac- 23 cording to sex; and 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1440 IH ‘‘(B) a place of public accommodation shall 1 reasonably accommodate a patron who requests 2 greater privacy within a facility intended for the 3 exclusive use of persons of the same sex. 4 ‘‘(13) Nothing in this title shall be construed to 5 require or prohibit any person, or public or private 6 entity, to provide or pay for any benefit or service, 7 including the use of facilities, related to an abortion. 8 Nothing in this title shall be construed to permit a 9 penalty to be imposed on any person or any indi- 10 vidual because such person or individual is seeking 11 or has received any benefit or service related to a 12 legal abortion.’’; and 13 (3) by adding at the end of subsection (e) the 14 following: 15 ‘‘(f) DEFINITIONS.—For purposes of this title: 16 ‘‘(1) The term ‘gender identity’ means the gen- 17 der-related identity, appearance, mannerisms, or 18 other gender-related characteristics of an individual, 19 without regard to the individual’s designated sex at 20 birth. A person’s gender identity can be shown by 21 providing evidence, including medical history, care or 22 treatment of the gender identity, consistent and uni- 23 form assertion of the gender identity, or other evi- 24 dence that the gender identity is sincerely held, part 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1440 IH of a person’s core identity, and not being asserted 1 for an improper purpose. 2 ‘‘(2) The term ‘sexual orientation’ means homo- 3 sexuality, heterosexuality, or bisexuality. 4 ‘‘(3) The term ‘online retailer or provider of on- 5 line services’ means a web page by a commercial 6 business not enumerated in paragraph (11) that in- 7 vites the general public to purchase a good or service 8 by use of a credit card or similar payment device 9 over the internet. It does not mean a web page that 10 gives information about a good or service, including 11 quality, price, or availability, but does not permit 12 such purchase directly from the web page. 13 ‘‘(4) The terms ‘religion’ and ‘religious’ include 14 all aspects of religious belief, observance, and prac- 15 tice, whether or not compelled by, or central to, a 16 system of religion. 17 ‘‘(5) The term ‘religious corporation, associa- 18 tion, educational institution, or society’ includes— 19 ‘‘(A) a church, synagogue, mosque, temple, 20 or other house of worship; 21 ‘‘(B) a nonprofit corporation, association, 22 educational institution, society, or other non- 23 profit entity that is, in whole or in substantial 24 part, owned, supported, controlled, or managed 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1440 IH by a particular religion or by a particular 1 church, denomination, convention, or associa- 2 tion of churches or other houses of worship; or 3 ‘‘(C) a nonprofit corporation, association, 4 educational institution, society, or other non- 5 profit entity that holds itself out to the public 6 as substantially religious, has as its stated pur- 7 pose in its organic documents that it is reli- 8 gious, and is substantially religious in its cur- 9 rent operations. 10 ‘‘(g) ADDITIONAL FACILITIES NOT REQUIRED.— 11 Nothing in this title shall be construed to require the con- 12 struction of new or additional facilities.’’. 13 SEC. 3. PROHIBITION ON DISCRIMINATION IN FEDERALLY 14 FUNDED PROGRAMS. 15 The Civil Rights Act of 1964 (42 U.S.C. 2000d) is 16 amended— 17 (1) in section 601, by inserting ‘‘sex, sexual ori- 18 entation, gender identity,’’ before ‘‘or national ori- 19 gin.’’; 20 (2) in section 601, by adding at the end the fol- 21 lowing: 22 ‘‘Nothing in sections 602 through 614 of this title shall 23 be construed to alter or amend this section with respect 24 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1440 IH to discrimination on the ground of race, color, or national 1 origin.’’; 2 (3) in section 606, by striking ‘‘For the pur- 3 poses of this title’’ and inserting ‘‘Subject to section 4 607, for the purposes of this title’’; and 5 (4) by adding at the end the following: 6 ‘‘SEC. 607. PROGRAM OR ACTIVITY AND PROGRAM DEFINED 7 FOR PURPOSES OF RELIGIOUS ENTITIES AS 8 APPLIED TO SEX, SEXUAL ORIENTATION, OR 9 GENDER IDENTITY. 10 ‘‘For the purposes of this title, as applied to sex, sex- 11 ual orientation, and gender identity, for any religious cor- 12 poration, association, educational institution, or society, 13 the term ‘program or activity’ and the term ‘program’ are 14 limited to any specific program or activity, or part thereof, 15 that receives Federal financial assistance. Any penalty or 16 loss of Federal financial assistance assessed against such 17 a religious entity shall be limited to the program or activ- 18 ity or program, or part thereof, that is determined to have 19 violated section 601. 20 ‘‘SEC. 608. SAFEGUARDS FOR RELIGIOUS ORGANIZATIONS 21 RECEIVING ASSISTANCE. 22 ‘‘(a) IN GENERAL.—An otherwise qualified religious 23 provider shall be eligible to receive Federal financial as- 24 sistance for a particular service without regard to the pro- 25 VerDate Sep 11 2014 23:49 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1440 IH vider’s religious views or teachings, notwithstanding sec- 1 tion 2000d. Subject to this title, a religious organization 2 that applies for, or participates in, a program or activity 3 receiving Federal financial assistance shall retain its inde- 4 pendence and may continue to carry out its mission, in- 5 cluding the definition, development, and expression of its 6 religious beliefs. 7 ‘‘(b) SPECIFIC SAFEGUARDS.—Nothing in this title 8 prohibits a religious organization receiving Federal finan- 9 cial assistance from using space in its buildings and other 10 facilities to conduct its program or activities where there 11 is religious art, icons, messages, scriptures, or other sym- 12 bols. Additionally, the organization retains authority over 13 its internal governance and thus may have religious words 14 in the organization’s name, select members of its gov- 15 erning board based on religious criteria, and have religious 16 references in its mission statement and other governing 17 documents. 18 ‘‘(c) EDUCATIONAL AND CHILDCARE INSTITU- 19 TIONS.—A religious educational institution or daycare 20 center may enforce with reasonable consistency written re- 21 ligious standards in its admission criteria, educ [Text truncated for display. Full text available on Congress.gov.]