Prohibition on discriminatory processing
Title II — Requirements for Covered Entities, Service Providers, and Third Parties
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(a) Discrimination in economic opportunities A covered entity may not process personal information or contents of communication for advertising, marketing, soliciting, offering, selling, leasing, licensing, renting, or otherwise commercially contracting for employment, finance, health care, credit, insurance, housing, or education opportunities in a manner that discriminates against or otherwise makes opportunities unavailable on the basis of the protected class status of an individual. (b) Public accommodations A covered entity may not process personal information in a manner that segregates, discriminates in, or otherwise makes unavailable the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation on the basis of the protected class status of an individual or a group of individuals. (c) Disparate impact authority Not later than 6 months after the date of the enactment of this Act, the Director shall issue additional requirements related to a disparate impact standard that— (1) describes other circumstances in which an individual or group of individuals may be harmed by an action of a covered entity through the processing of personal information or contents of communication of the protected class status of that individual in a manner not described in subsection (a) or (b); (2) prohibits such action; and (3) provides for enforcement under this Act or through regulation. (d) Regulations Not later than one year after the date of the enactment of this Act, the Director shall promulgate regulations to implement this section and may define any term used under this section, including discriminates against and otherwise makes opportunities unavailable.