Miscellaneous

Title XI of the Civil Rights Act of 1964 is amended— (1) by redesignating sections 1101 through 1104 (42 U.S.C. 2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h–5, 2000h–6) as sections 1102 through 1105 and sections 1108 and 1109, respectively; (2) by inserting after the title heading the following: 1101. Definitions and rules (a) Definitions In titles II, III, IV, VI, VII, and IX (referred to individually in sections 1106 and 1107 as a covered title): (1) Race; color; religion; sex; sexual orientation; gender identity; national origin The term race, color, religion, sex (including sexual orientation and gender identity), or national origin, used with respect to an individual, includes— (A) the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of another person with whom the individual is associated or has been associated; and (B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of the individual. (2) Gender identity 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. (3) Including The term including means including, but not limited to, consistent with the term's standard meaning in Federal law. (4) Sex The term sex includes— (A) a sex stereotype; (B) pregnancy, childbirth, or a related medical condition; (C) sexual orientation or gender identity; and (D) sex characteristics, including intersex traits. (5) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (b) Rules In a covered title referred to in subsection (a)— (1) (with respect to sex) pregnancy, childbirth, or a related medical condition shall not receive less favorable treatment than other physical conditions; and (2) (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.; and (3) by inserting after section 1105 the following: 1106. Rules of construction (a) Sex Nothing in section 1101 or the provisions of a covered title incorporating a term defined or a rule specified in that section shall be construed— (1) to limit the protection against an unlawful practice on the basis of pregnancy, childbirth, or a related medical condition provided by section 701(k); or (2) to limit the protection against an unlawful practice on the basis of sex available under any provision of Federal law other than that covered title, prohibiting a practice on the basis of sex. (b) Claims and remedies not precluded Nothing in section 1101 or a covered title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex (including sexual orientation and gender identity), or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a Federal law amended by the Equality Act, regulation, or policy. (c) No negative inference Nothing in section 1101 or a covered 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. 1107. Claims 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, a covered title, or provide a basis for challenging the application or enforcement of a covered title..