Fairness for All Act

I 116TH CONGRESS 1ST SESSION H. R. 5331 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 DECEMBER 6, 2019 Mr. STEWART (for himself, Mr. BISHOP of Utah, Mr. CURTIS, Mr. FITZPATRICK, Mr. SIMPSON, Mr. UPTON, Ms. STEFANIK, Mr. AMODEI, and Mr. JOYCE of Ohio) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Ways and Means, Financial Services, Oversight and Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions 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 02:14 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5331 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 other than religious camps or religious retreat centers; 17 ‘‘(5) any provider of financial services, including 18 banks, credit unions, mortgage houses, brokers, and finan- 19 cial planners; 20 ‘‘(6) for the purpose of classifications enumerated in 21 subsection (a) and not described by section 1557 of the 22 Patient Protection and Affordable Care Act (42 U.S.C. 23 18116(a))— 24 ‘‘(A) any provider of medical services. It shall 25 not constitute a violation of this title to provide a 26 VerDate Sep 11 2014 02:14 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5331 IH service, treatment, therapy, procedure, or drug on 1 the same medical terms or criteria applicable to indi- 2 viduals needing that service, treatment, therapy, pro- 3 cedure or drug, without regard to protected class 4 status; 5 ‘‘(B) any provider of mental health care, except 6 that this section shall not apply when the primary 7 objective is to assist a person in entering or sus- 8 taining a marriage, so long as the provider coordi- 9 nates a referral of the client to another qualified 10 mental health care provider who will provide the 11 needed service and the client is not in imminent dan- 12 ger of harming self or others; 13 ‘‘(C) nothing in subparagraph (B) shall apply 14 to a priest, pastor, rabbi, imam, or minister of any 15 faith while acting substantially in a ministerial ca- 16 pacity; and 17 ‘‘(D) a provider of medical services covered by 18 subparagraph (A) or a provider of mental health 19 care covered by subparagraph (B) may make evi- 20 dence-based medical determinations and may refer 21 patients when necessary for a patient’s best interests 22 and welfare, including professional expertise; 23 ‘‘(7) any place of or provider of transportation serv- 24 ices; 25 VerDate Sep 11 2014 02:14 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5331 IH ‘‘(8) any provider of funeral services or burial plots, 1 except those that primarily limit their services or facilities 2 to those of a particular religion; 3 ‘‘(9) any store, shopping center, or online retailer or 4 provider of online services that has 15 or more employees 5 for each working day in each of 20 or more calendar weeks 6 in the current or preceding calendar year. This employee 7 threshold shall not apply to a claim of discrimination be- 8 cause of race, color, or national origin or to a place of 9 public accommodation covered under paragraphs (1) 10 through (8);’’; and 11 (D) by inserting after paragraph (10) the 12 following: 13 ‘‘(11)(A) The provisions of this title shall not 14 apply to— 15 ‘‘(i) any building or collection of buildings 16 that is used primarily as a denominational 17 headquarters, church administrative office, or 18 church conference center; 19 ‘‘(ii) a place of worship, such as a church, 20 synagogue, mosque, chapel, and its appurtenant 21 properties used primarily for religious purposes; 22 ‘‘(iii) a religious educational institution 23 and its appurtenant properties used primarily 24 for religious purposes; 25 VerDate Sep 11 2014 02:14 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5331 IH ‘‘(iv) in connection with a religious celebra- 1 tion or exercise: a facility that is supervised by 2 a priest, pastor, rabbi, imam, or minister of any 3 faith, or religious certifying body, and that is 4 principally engaged in providing food and bev- 5 erages in compliance with religious dietary re- 6 quirements; or 7 ‘‘(v) any online operations or activities of 8 an organization exempt under this section. 9 ‘‘(B) The following shall not be a place of pub- 10 lic accommodation, even if used for a commercial 11 purpose, except within the area and during the time 12 that the property or facility is open to the public; 13 operated primarily for a commercial purpose; and 14 not primarily related to the inculcation, promotion, 15 or expression of religion— 16 ‘‘(i) other appurtenant properties or facili- 17 ties owned or operated by a church, by another 18 house of worship, or by a religious educational 19 institution; or 20 ‘‘(ii) a property owned or operated pri- 21 marily for noncommercial purposes by a non- 22 profit religious corporation that holds itself out 23 to the public as substantially religious, has as 24 its stated purpose in its organic documents that 25 VerDate Sep 11 2014 02:14 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5331 IH it is religious, and is substantially religious in 1 its current operations. 2 ‘‘(C) This paragraph (11) shall not apply to a 3 person or entity that discriminates because of race, 4 color, or national origin with respect to a property 5 or facility enumerated in (A) or (B). 6 ‘‘(12) Provided that equivalent treatment, serv- 7 ices, facilities, and benefits are made available and 8 without prejudicing rights or protections based on 9 any other protected class status— 10 ‘‘(A) nothing in this title that refers to 11 ‘sex’ shall be construed to prevent a fitness cen- 12 ter, spa, or similar place, whose services or fa- 13 cilities are intended for the exclusive use of per- 14 sons of the same sex, from providing the use of 15 those services or facilities exclusively to persons 16 of that sex or prohibit a place of public accom- 17 modation from temporarily restricting access to 18 a fitness center, spa, pool, or similar place, ac- 19 cording to sex; and 20 ‘‘(B) a place of public accommodation shall 21 reasonably accommodate a patron who requests 22 greater privacy within a facility intended for the 23 exclusive use of persons of the same sex. 24 VerDate Sep 11 2014 19:27 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5331 IH ‘‘(13) Nothing in this title shall be construed to 1 require or prohibit any person, or public or private 2 entity, to provide or pay for any benefit or service, 3 including the use of facilities, related to an abortion. 4 Nothing in this title shall be construed to permit a 5 penalty to be imposed on any person or any indi- 6 vidual because such person or individual is seeking 7 or has received any benefit or service related to a 8 legal abortion.’’; and 9 (3) by adding at the end of subsection (e) the 10 following: 11 ‘‘(f) DEFINITIONS.—For purposes of this title: 12 ‘‘(1) The term ‘gender identity’ means the gen- 13 der-related identity, appearance, mannerisms, or 14 other gender-related characteristics of an individual, 15 without regard to the individual’s designated sex at 16 birth. A person’s gender identity can be shown by 17 providing evidence, including medical history, care or 18 treatment of the gender identity, consistent and uni- 19 form assertion of the gender identity, or other evi- 20 dence that the gender identity is sincerely held, part 21 of a person’s core identity, and not being asserted 22 for an improper purpose. 23 ‘‘(2) The term ‘sexual orientation’ means homo- 24 sexuality, heterosexuality, or bisexuality. 25 VerDate Sep 11 2014 02:14 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5331 IH ‘‘(3) The term ‘online retailer or provider of on- 1 line services’ means a web page by a commercial 2 business not enumerated in paragraph (11) that in- 3 vites the general public to purchase a good or service 4 by use of a credit card or similar payment device 5 over the internet. It does not mean a web page that 6 gives information about a good or service, including 7 quality, price, or availability, but does not permit 8 such purchase directly from the web page. 9 ‘‘(4) The terms ‘religion’ and ‘religious’ include 10 all aspects of religious belief, observance, and prac- 11 tice, whether or not compelled by, or central to, a 12 system of religion. 13 ‘‘(5) The term ‘religious corporation, associa- 14 tion, educational institution, or society’ includes— 15 ‘‘(A) a church, synagogue, mosque, temple, 16 or other house of worship; 17 ‘‘(B) a nonprofit corporation, association, 18 educational institution, society, or other non- 19 profit entity that is, in whole or in substantial 20 part, owned, supported, controlled, or managed 21 by a particular religion or by a particular 22 church, denomination, convention, or associa- 23 tion of churches or other houses of worship; or 24 VerDate Sep 11 2014 02:14 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 5331 IH ‘‘(C) a nonprofit corporation, association, 1 educational institution, society, or other non- 2 profit entity that holds itself out to the public 3 as substantially religious, has as its stated pur- 4 pose in its organic documents that it is reli- 5 gious, and is substantially religious in its cur- 6 rent operations. 7 ‘‘(g) ADDITIONAL FACILITIES NOT REQUIRED.— 8 Nothing in this title shall be construed to require the con- 9 struction of new or additional facilities.’’. 10 SEC. 3. PROHIBITION ON DISCRIMINATION IN FEDERALLY 11 FUNDED PROGRAMS. 12 The Civil Rights Act of 1964 (42 U.S.C. 2000d) is 13 amended— 14 (1) in section 601, by inserting ‘‘sex, sexual ori- 15 entation, gender identity,’’ before ‘‘or national ori- 16 gin.’’; 17 (2) in section 606, by striking ‘‘For the pur- 18 poses of this title’’ and inserting ‘‘Subject to section 19 607, for the purposes of this title’’; and 20 (3) by adding at the end the following: 21 VerDate Sep 11 2014 02:14 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 5331 IH ‘‘SEC. 607. PROGRAM OR ACTIVITY AND PROGRAM DEFINED 1 FOR PURPOSES OF RELIGIOUS ENTITIES AS 2 APPLIED TO SEX, SEXUAL ORIENTATION, OR 3 GENDER IDENTITY. 4 ‘‘For the purposes of this title, as applied to sex, sex- 5 ual orientation, and gender identity, for any religious cor- 6 poration, association, educational institution, or society, 7 the term ‘program or activity’ and the term ‘program’ are 8 limited to any specific program or activity, or part thereof, 9 that receives Federal financial assistance. Any penalty or 10 loss of Federal financial assistance assessed against such 11 a religious entity shall be limited to the program or activ- 12 ity or program, or part thereof, that is determined to have 13 violated section 601. 14 ‘‘SEC. 608. SAFEGUARDS FOR RELIGIOUS ORGANIZATIONS 15 RECEIVING ASSISTANCE. 16 ‘‘(a) IN GENERAL.—An otherwise qualified religious 17 provider shall be eligible to receive Federal financial as- 18 sistance for a particular service without regard to the pro- 19 vider’s religious views or teachings, notwithstanding sec- 20 tion 2000d. Subject to this title, a religious organization 21 that applies for, or participates in, a program or activity 22 receiving Federal financial assistance shall retain its inde- 23 pendence and may continue to carry out its mission, in- 24 cluding the definition, development, and expression of its 25 religious beliefs. 26 VerDate Sep 11 2014 02:14 Dec 12, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5331.IH H5331 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 5331 IH ‘‘(b) SPECIFIC SAFEGUARDS.—Nothing in this title 1 prohibits a religious organization receiving Federal finan- 2 cial assistance from using space in its buildings and other 3 facilities to conduct its program or activities where there 4 is religious art, icons, messages, scriptures, or other sym- 5 bols. Additionally, the organization retains authority over 6 its internal governance and thus may have religious words 7 in the organization’s name, select members of its gov- 8 erning board based on religious criteria, and have religious 9 references in its mission statement and other governing 10 documents. 11 ‘‘(c) EDUCATIONAL AND CHILDCARE INSTITU- 12 TIONS.—A religious educational institution or daycare 13 center may enforce with reasonable consistency written re- 14 ligious standards in its admission criteria, educational pro- 15 grams, student retention policies, or residential life policy, 16 unless those standards are based on race, color, or na- 17 tional origin or would exclude or remove a student solely 18 because of a prohibited classification under section 601 19 with respect to that student’s parent or legal guardian. 20 ‘‘(d) MARRIAGE AND FAMILY EDUCATION, 21 STRENGTHENING, AND COUNSELING PROGRAMS.—For 22 purposes of sexual orientation and gender identity, a reli- 23 gious corporation, association, educational institution, or 24 society receiving Federal financial assistance shall be 25 VerDate Sep 11 2014 02:14 Dec 12, 2019 Jkt 09920 [Text truncated for display. 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