Nondiscrimination in the Armed Forces

Chapter 49 of title 10, United States Code, is amended by inserting after section 974 the following new section: 975. Prohibition on discrimination (a) Prohibition (1) Subject to paragraph (2), discrimination within the Department of Defense against an individual on the basis of race, color, religion, sex, national origin, gender identity, or sexual orientation, is prohibited. (2) A qualification established or applied regarding eligibility for service in an armed force shall take into account only the ability of an individual to meet— (A) general occupational standards for military service; and (B) the particular military occupational specialty. (b) Definitions In this section: (1) 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. (2) The term sex includes— (A) a sex stereotype; (B) pregnancy, childbirth, or a related medical condition; and (C) sex characteristics, including intersex traits. (3) The term sex stereotype includes— (A) stereotypical notions of masculinity or femininity; (B) an expectation of how an individual represents or communicates their gender to others through behavior, clothing, hairstyle, activity, voice, mannerism, or body characteristic; (C) the expectation that an individual will consistently identify with only one gender; and (D) an expectation regarding the appropriateness of a role for a certain sex..