Clarifying sexual orientation discrimination and gender identity discrimination are unlawful sex discrimination

(a) Employment (1) Rules of construction Title VII of the Civil Rights Act of 1964 is amended by inserting after section 701 (42 U.S.C. 2000e) the following: 701A. Rules of construction Section 1106 shall apply to this title except that for purposes of that application, a reference in that section to an unlawful practice shall be considered to be a reference to an unlawful employment practice.. (2) Unlawful employment practices Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended— (A) in the section header, by striking Sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; (B) except in subsection (e), by striking sex, each place it appears and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; (C) in subsection (e)(1), by striking enterprise, and inserting enterprise, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity,; and (D) in subsection (h), by striking sex the second place it appears and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),. (3) Other unlawful employment practices Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(b)) is amended— (A) by striking sex, the first place it appears and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; and (B) by striking employment. and inserting employment, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity.. (4) Claims Section 706(g)(2)(A) of the Civil Rights Act of 1964 (2000e–5(g)(2)(A)) is amended by striking sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),. (5) Employment by Federal Government Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) is amended— (A) in subsection (a), by striking sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; and (B) in subsection (c), by striking sex and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),. (6) Government Employee Rights Act of 1991 The Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.) is amended— (A) in section 301(b), by striking sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; (B) in section 302(a)(1), by striking sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; and (C) by adding at the end the following: 305. Rules of construction and claims Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this title except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin shall be considered to be a reference to race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), national origin, age, or disability.. (7) Congressional Accountability Act of 1995 The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended— (A) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by striking sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; and (B) by adding at the end of title II (42 U.S.C. 1311 et seq.) the following: 209. Rules of construction and claims Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to section 201 (and remedial provisions of this Act related to section 201) except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin shall be considered to be a reference to race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), national origin, age, or disability.. (8) Civil Service Reform Act of 1978 Chapter 23 of title 5, United States Code, is amended— (A) in section 2301(b)(2), by striking sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; (B) in section 2302— (i) in subsection (b)(1)(A), by striking sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; and (ii) in subsection (d)(1), by striking sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),; and (C) by adding at the end the following: 2307. Rules of construction and claims Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter (and remedial provisions of this title related to this chapter) except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin shall be considered to be a reference to race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), national origin, age, disability, marital status, or political affiliation.. (b) 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 title VII: (1) Race; color; religion; sex; sexual orientation; gender identity; national origin The term race, color, religion, sex, or national origin, used with respect to an individual, includes— (A) the race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), 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, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), 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) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (b) Rules In title VII— (1) with respect to sex, an individual's pregnancy, childbirth, or 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 title VII 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, a medical condition related to pregnancy or childbirth 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 title VII, prohibiting a practice on the basis of sex, including under the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.). (b) Claims and remedies not precluded Nothing in section 1101 or title VII 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, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), 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 BE HEARD in the Workplace Act, regulation, or policy, and including the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.). (c) No negative inference Nothing in section 1101 or title VII shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex (including the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.)), does not prohibit discrimination on the basis of gender identity, sex stereotype, and pregnancy, childbirth, or related medical conditions. 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, title VII, or provide a basis for challenging the application or enforcement of title VII..