Prohibited unlawful employment action

Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended by adding at the end the following: (o) (1) It shall be an unlawful employment practice for an employer to take an action described in subsection (a) because an employee engages in covered expression, that describes, asserts, or reinforces the binary or biological nature of sex. For purposes of this paragraph, the term covered expression means expression, inside or outside of a workplace, through means including speech, writing, or a depiction, or owning or using an item that contains speech, writing, or a depiction, and includes the use of pronouns. (2) It shall be an unlawful employment practice for an employer to take an action described in subsection (a) because an employee requests or uses a single-sex area that is a bathroom, changing area, or other area where physical privacy is desirable. (3) It shall not be a defense to the use of a practice described in paragraph (1) or (2) that use of the practice is job related for the position in question or consistent with business necessity..