HR 7005
Customer Non-Discrimination Act
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Bill overview
The Customer Non-Discrimination Act expands protections against discrimination in public accommodations. It amends the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity as protected categories, broadening the definition of ‘public accommodation’ to encompass a wider range of businesses and services. The bill also clarifies definitions related to these categories and establishes rules regarding access to shared facilities.
Key provisions
- Expands the definition of ‘public accommodation’ to include a broader range of businesses and services.
- Adds sex, sexual orientation, and gender identity as protected categories under the Civil Rights Act of 1964.
- Defines ‘gender identity’ as an individual’s gender-related identity.
- Establishes rules regarding access to shared facilities (restrooms, locker rooms, etc.) based on an individual’s gender identity.
- Clarifies definitions of ‘race,’ ‘color,’ ‘religion,’ ‘sex,’ ‘sexual orientation,’ ‘gender identity,’ ‘national origin,’ ‘including,’ and ‘sex’.
- Prohibits discrimination based on sex stereotypes.
- Specifies that pregnancy, childbirth, or related medical conditions will not receive less favorable treatment than other physical conditions.
- States that the Religious Freedom Restoration Act does not preempt claims related to this legislation.
Who is affected
- Businesses providing goods, services, or programs (including online retailers)
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Eleanor Holmes [D-DC-At Large] Norton
Henry C. "Hank" Johnson
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119th CONGRESS — 2d Session
H. R. 7005
IN THE HOUSE OF REPRESENTATIVES
A BILL
To prohibit discrimination in public accommodations on the basis of sex, gender identity, and sexual orientation, and for other purposes.
This Act may be cited as the Customer Non-Discrimination Act
.
Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended—
in subsection (a), by inserting sex (including sexual orientation and gender identity),
before or national origin
; and
in subsection (b)—
in paragraph (3), by striking stadium
and all that follows and inserting stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, gathering, or display;
;
by redesignating paragraph (4) as paragraph (6); and
by inserting after paragraph (3) the following:
any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services;
any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and
Section 202 of such Act (42 U.S.C. 2000a–1) is amended by inserting sex (including sexual orientation and gender identity),
before or national origin
.
Title II of such Act (42 U.S.C. 2000a et seq.) is amended by adding at the end the following:
The term race, color, religion, sex (including sexual orientation and gender identity), or national origin, used with respect to an individual, includes—
The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.
The term including means including, but not limited to, consistent with the term’s standard meaning in Federal law.
The term sex includes—
a sex stereotype;
pregnancy, childbirth, or a related medical condition;
sexual orientation or gender identity; and
The term sexual orientation means homosexuality, heterosexuality, or bisexuality.
(with respect to sex) pregnancy, childbirth, or a related medical condition shall not receive less favorable treatment than other physical conditions; and
(with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity.
Nothing in this title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype.
A reference in this title to an establishment—
shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and
shall not be construed to be limited to a physical facility or place.
The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under this title or provide a basis for challenging the application or enforcement of this title.