S. 1503 — Equality Act

This section states congressional findings that (1) discrimination on the basis of sex, sexual orientation, gender identity, pregnancy, childbirth, related medical conditions, or sex stereotypes constitutes sex discrimination, often intersecting with multiple protected characteristics; (2) LGBTQ individuals and women face such discrimination in public accommodations (e.g., restaurants, health care facilities, shelters, transportation), employment, housing, and federally funded programs, including exclusion, harassment, violence, sexual harassment, differential pricing, and denial of services; (3) conversion therapy harms LGBTQ individuals and constitutes discrimination; and (4) federal courts, including in Bostock v. Clayton County (2020), have interpreted Title VII's sex discrimination prohibition to encompass sexual orientation and gender identity, justifying comprehensive remedies under the Civil Rights Act of 1964.

This section expands the prohibition on discrimination or segregation in public accommodations under Title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.)—which currently covers race, color, religion, or national origin—to also prohibit discrimination on the basis of sex (including sexual orientation and gender identity). The section further (1) broadens the definition of covered public accommodations in section 201(b) by revising paragraph (3) to include any stadium or other place or establishment providing exhibition, entertainment, recreation, exercise, amusement, public gathering, or public display; (2) adds new paragraphs (4) and (5) to cover any establishment providing a good, service, or program (e.g., store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, funeral parlor, or provider of health care, accounting, or legal services) and any transportation service (e.g., train, bus, car, taxi, airline service, station, or depot); and (3) redesignates former paragraph (4) as paragraph (6). The section also applies the expanded prohibition to state laws in section 202 and adds a rule of construction clarifying that references to an establishment include an individual whose operations affect commerce and who provides a good, service, or program, and are not limited to a physical facility or place. (Thus, the changes extend protections to online services, individual providers affecting commerce, and a wider array of goods, services, and transportation.)

This section amends Title IV of the Civil Rights Act of 1964 to expand the definition of "desegregation"—which prohibits student assignment to or within public schools based on protected characteristics—by inserting "(including sexual orientation and gender identity)" after "sex" in three provisions: (1) the general definitions section, (2) the civil actions provision authorizing the Attorney General to file suit against school boards engaging in a discriminatory "pattern or practice," and (3) the prohibition on classification and assignment of students by protected characteristics. (Thus, these protections now explicitly cover discrimination based on sexual orientation and gender identity alongside race, color, religion, sex, or national origin.)

This section expands Title VII of the Civil Rights Act of 1964—which prohibits employment discrimination by employers with 15 or more employees (42 U.S.C. 2000e(b)) based on race, color, religion, sex, or national origin—by inserting “(including sexual orientation and gender identity)” after each reference to “sex” in core provisions on unlawful employment practices (sec. 703), other unlawful practices such as retaliation (sec. 704(b)), remedies and claims (sec. 706(g)), and federal government employment (sec. 717); adds to bona fide occupational qualification exceptions (secs. 703(e)(1), 704(b)) a requirement to recognize individuals as qualified in accordance with their gender identity; and applies section 1106 rules of construction to Title VII (as new sec. 701A). This section further applies similar insertions of “(including sexual orientation and gender identity)” after “sex,” along with section 1106 rules of construction (with adaptations to include additional categories such as age and disability), to— (1) the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.), covering executive branch political appointees, certain employees of the Library of Congress and government corporations, and applicants to presidential appointments (as new sec. 305); (2) the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.), extending protections to legislative branch employees; and (3) chapter 23 of title 5, U.S. Code, under the Civil Service Reform Act of 1978, prohibiting personnel actions based on protected categories in the federal merit system (as new sec. 2307).

This section amends Title XI of the Civil Rights Act of 1964 (i.e., miscellaneous provisions applicable to Titles II [public accommodations], III [public facilities], IV [desegregation of public education], VI [federally assisted programs], VII [employment], and IX [federally funded education programs], collectively "covered titles") by (1) redesignating existing sections 1101–1104 and 1105–1106 as sections 1102–1105 and 1108–1109, respectively; (2) inserting new section 1101 to define terms used in covered titles—including expanding "sex" to encompass sexual orientation (i.e., homosexuality, heterosexuality, or bisexuality), gender identity (i.e., gender-related identity, appearance, mannerisms, or characteristics regardless of sex assigned at birth), sex stereotypes, pregnancy/childbirth/related conditions, and sex characteristics (including intersex traits); "race," "color," "religion," or "national origin" to include association with such persons or perception thereof; and establishing rules requiring equal treatment for pregnancy-related conditions and prohibiting denial of access to shared facilities (e.g., restrooms, locker rooms) based on gender identity; and (3) inserting new sections 1106 and 1107 to provide rules of construction clarifying that these amendments do not limit other sex discrimination protections or claims/remedies (including under 42 U.S.C. 1983 [§1983 actions for constitutional violations] or 1985), create negative inferences regarding such protections, and stating that the Religious Freedom Restoration Act (42 U.S.C. 2000bb et seq.) provides no claim, defense, or basis to challenge covered titles.

This section amends the Fair Housing Act (42 U.S.C. 3601 et seq.) to explicitly include sexual orientation and gender identity (as defined in section 1101(a) of the Civil Rights Act of 1964) within the prohibition on housing discrimination based on sex. (1) It adds definitions to section 802 (42 U.S.C. 3602) specifying that protected classes—race, color, religion, sex (including sexual orientation and gender identity), handicap, familial status, or national origin—extend to individuals associated with such persons or perceived (even inaccurately) to have such characteristics; (2) inserts "(including sexual orientation and gender identity)" after "sex" in the prohibition provisions of sections 804 through 806 and 808(e)(6) (42 U.S.C. 3604-3606, 3608); (3) adds sections 821 and 822 applying specified rules of construction (sections 1101(b) and 1106 of the Civil Rights Act of 1964) and claims procedures (section 1107) to the Fair Housing Act and related intimidation provisions; and (4) amends the criminal intimidation provision (42 U.S.C. 3631) to cover sexual orientation and gender identity. (Thus, the amendments prohibit housing discrimination based on a person's own sexual orientation or gender identity, their association with others who have such characteristics, or perceptions thereof.)

This section amends the Equal Credit Opportunity Act (ECOA) to expand prohibitions on creditor discrimination in any aspect of a credit transaction on the basis of sex to explicitly include sexual orientation and gender identity— (1) in the list of prohibited bases (i.e., alongside race, color, religion, national origin, marital status, and age); (2) by adding definitions cross-referencing section 1101(a) of the Civil Rights Act of 1964 and extending protections to discrimination based on an applicant's association with a person having a protected characteristic or a creditor's perception (even if inaccurate) of the applicant's protected characteristic; (3) in the provision relating to certain state laws; and (4) by incorporating civil liability standards from section 1107 of the Civil Rights Act of 1964 and certain enforcement procedures from sections 1101(b) and 1106 of that Act.

This section amends the Jury Selection and Service Act (Chapter 121 of title 28, United States Code), which governs federal grand and petit jury selection and prohibits discrimination based on specified characteristics, as follows: (1) inserts “(including sexual orientation and gender identity)” after “sex” in sections 1862 (prohibiting discrimination in selection policies) and 1867(e) (governing challenges to noncompliance); (2) adds to section 1869 definitions of gender identity, sex, and sexual orientation referencing section 1101(a) of the Civil Rights Act of 1964, and expands the meanings of race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin to include characteristics of associated persons or perceived characteristics (even if inaccurate); and (3) adds new section 1879 applying sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 (rules of construction and claims) to the chapter, treating references to a “covered title” as references to this chapter. This section also makes a conforming amendment to the table of sections for the chapter.