S. 2037 — Restoring Biological Truth to the Workplace Act

This section amends Section 703 of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin, by adding a new subsection (o) that— (1) prohibits employers from taking adverse employment actions described in subsection (a) because an employee engages in "covered expression" (i.e., speech, writing, depictions, use of pronouns, or owning/using items containing such expression, inside or outside the workplace) that describes, asserts, or reinforces the binary or biological nature of sex; (2) prohibits such actions because an employee requests or uses a single-sex area (i.e., bathroom, changing area, or other area where physical privacy is desirable); and (3) eliminates the defenses that these practices are job-related for the position in question or consistent with business necessity.