Customer Non-Discrimination Act

I 116TH CONGRESS 1ST SESSION H. R. 2687 To prohibit discrimination in public accommodations on the basis of sex, gender identity, and sexual orientation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 10, 2019 Mrs. WATSON COLEMAN (for herself, Mr. BLUMENAUER, Ms. CLARKE of New York, Mr. COHEN, Mrs. DEMINGS, Ms. ESHOO, Mr. KILMER, Ms. LEE of California, Mr. LOWENTHAL, Ms. MCCOLLUM, Mr. MOULTON, Ms. NORTON, Mr. PASCRELL, Mr. PAYNE, Mr. POCAN, Mr. PRICE of North Carolina, Mr. RUIZ, Mr. RYAN, Ms. SCHAKOWSKY, Mr. SMITH of Wash- ington, Mr. SWALWELL of California, and Mr. TONKO) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary A BILL To prohibit discrimination in public accommodations 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 ‘‘Customer Non-Dis- 4 crimination Act’’. 5 VerDate Sep 11 2014 19:04 May 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2687.IH H2687 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2687 IH SEC. 2. PUBLIC ACCOMMODATIONS. 1 (a) PROHIBITION ON DISCRIMINATION OR SEGREGA- 2 TION IN PUBLIC ACCOMMODATIONS.—Section 201 of the 3 Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended— 4 (1) in subsection (a), by inserting ‘‘sex (includ- 5 ing sexual orientation and gender identity),’’ before 6 ‘‘or national origin’’; and 7 (2) in subsection (b)— 8 (A) in paragraph (3), by striking ‘‘sta- 9 dium’’ and all that follows and inserting ‘‘sta- 10 dium or other place of or establishment that 11 provides exhibition, entertainment, recreation, 12 exercise, amusement, gathering, or display;’’; 13 (B) by redesignating paragraph (4) as 14 paragraph (6); and 15 (C) by inserting after paragraph (3) the 16 following: 17 ‘‘(4) any establishment that provides a good, 18 service, or program, including a store, shopping cen- 19 ter, online retailer or service provider, salon, bank, 20 gas station, food bank, service or care center, shel- 21 ter, travel agency, or funeral parlor, or establish- 22 ment that provides health care, accounting, or legal 23 services; 24 ‘‘(5) any train service, bus service, car service, 25 taxi service, airline service, station, depot, or other 26 VerDate Sep 11 2014 19:04 May 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2687.IH H2687 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2687 IH place of or establishment that provides transpor- 1 tation service; and’’. 2 (b) PROHIBITION ON DISCRIMINATION OR SEGREGA- 3 TION UNDER LAW.—Section 202 of such Act (42 U.S.C. 4 2000a–1) is amended by inserting ‘‘sex (including sexual 5 orientation and gender identity),’’ before ‘‘or national ori- 6 gin’’. 7 (c) DEFINITIONS AND RULES OF CONSTRUCTION.— 8 Title II of such Act (42 U.S.C. 2000a et seq.) is amended 9 by adding at the end the following: 10 ‘‘SEC. 208. DEFINITIONS AND RULES. 11 ‘‘(a) DEFINITIONS.— 12 ‘‘(1) RACE; COLOR; RELIGION; SEX; SEXUAL 13 ORIENTATION; GENDER IDENTITY; NATIONAL ORI- 14 GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex (includ- 15 ing sexual orientation and gender identity)’, or ‘na- 16 tional origin’, used with respect to an individual, in- 17 cludes— 18 ‘‘(A) the race, color, religion, sex (includ- 19 ing sexual orientation and gender identity), or 20 national origin, respectively, of another person 21 with whom the individual is associated or has 22 been associated; and 23 ‘‘(B) a perception or belief, even if inac- 24 curate, concerning the race, color, religion, sex 25 VerDate Sep 11 2014 19:04 May 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2687.IH H2687 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2687 IH (including sexual orientation and gender iden- 1 tity), or national origin, respectively, of the in- 2 dividual. 3 ‘‘(2) GENDER IDENTITY.—The term ‘gender 4 identity’ means the gender-related identity, appear- 5 ance, mannerisms, or other gender-related character- 6 istics of an individual, regardless of the individual’s 7 designated sex at birth. 8 ‘‘(3) INCLUDING.—The term ‘including’ means 9 including, but not limited to, consistent with the 10 term’s standard meaning in Federal law. 11 ‘‘(4) SEX.—The term ‘sex’ includes— 12 ‘‘(A) a sex stereotype; 13 ‘‘(B) pregnancy, childbirth, or a related 14 medical condition; 15 ‘‘(C) sexual orientation or gender identity; 16 and 17 ‘‘(D) sex characteristics, including intersex 18 traits. 19 ‘‘(5) SEXUAL ORIENTATION.—The term ‘sexual 20 orientation’ means homosexuality, heterosexuality, or 21 bisexuality. 22 ‘‘(b) RULES.—In this title— 23 ‘‘(1) (with respect to sex) pregnancy, childbirth, 24 or a related medical condition shall not receive less 25 VerDate Sep 11 2014 19:04 May 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2687.IH H2687 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2687 IH favorable treatment than other physical conditions; 1 and 2 ‘‘(2) (with respect to gender identity) an indi- 3 vidual shall not be denied access to a shared facility, 4 including a restroom, a locker room, and a dressing 5 room, that is in accordance with the individual’s 6 gender identity. 7 ‘‘SEC. 209. RULES OF CONSTRUCTION. 8 ‘‘(a) CLAIMS AND REMEDIES NOT PRECLUDED.— 9 Nothing in this title shall be construed to limit the claims 10 or remedies available to any individual for an unlawful 11 practice on the basis of race, color, religion, sex (including 12 sexual orientation and gender identity), or national origin 13 including claims brought pursuant to section 1979 or 14 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or 15 any other law, including the Federal law amended by the 16 Customer Non-Discrimination Act, regulation, or policy. 17 ‘‘(b) NO NEGATIVE INFERENCE.—Nothing in this 18 title shall be construed to support any inference that any 19 Federal law prohibiting a practice on the basis of sex does 20 not prohibit discrimination on the basis of pregnancy, 21 childbirth, or a related medical condition, sexual orienta- 22 tion, gender identity, or a sex stereotype. 23 ‘‘(c) SCOPE OF AN ESTABLISHMENT.—A reference in 24 this title to an establishment— 25 VerDate Sep 11 2014 19:04 May 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2687.IH H2687 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2687 IH ‘‘(1) shall be construed to include an individual 1 whose operations affect commerce and who is a pro- 2 vider of a good, service, or program; and 3 ‘‘(2) shall not be construed to be limited to a 4 physical facility or place. 5 ‘‘SEC. 210. CLAIMS. 6 ‘‘The Religious Freedom Restoration Act of 1993 (42 7 U.S.C. 2000bb et seq.) shall not provide a claim con- 8 cerning, or a defense to a claim under this title or provide 9 a basis for challenging the application or enforcement of 10 this title.’’. 11 Æ VerDate Sep 11 2014 19:04 May 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2687.IH H2687 pamtmann on DSKBFK8HB2PROD with BILLS