I
118THCONGRESS
1
STSESSION H. R. 4393
To prohibit discrimination in public accommodations on the basis of sex,
gender identity, and sexual orientation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE27, 2023
Mrs. W
ATSONCOLEMAN(for herself, Mr. CARSON, Mr. POCAN, Ms. NORTON,
Mrs. B
EATTY, Ms. TOKUDA, Ms. LEEof California, Ms. WILLIAMSof
Georgia, Mr. G
RIJALVA, Mr. ESPAILLAT, Mr. JOHNSONof Georgia, and
Mr. C
ARTERof Louisiana) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To prohibit discrimination in public accommodations on the
basis of sex, gender identity, and sexual orientation, and
for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Customer Non-Dis-4
crimination Act’’. 5
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SEC. 2. PUBLIC ACCOMMODATIONS. 1
(a) P
ROHIBITION ONDISCRIMINATION ORSEGREGA-2
TION INPUBLICACCOMMODATIONS.—Section 201 of the 3
Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended— 4
(1) in subsection (a), by inserting ‘‘sex (includ-5
ing sexual orientation and gender identity),’’ before 6
‘‘or national origin’’; and 7
(2) in subsection (b)— 8
(A) in paragraph (3), by striking ‘‘sta-9
dium’’ and all that follows and inserting ‘‘sta-10
dium or other place of or establishment that 11
provides exhibition, entertainment, recreation, 12
exercise, amusement, gathering, or display;’’; 13
(B) by redesignating paragraph (4) as 14
paragraph (6); and 15
(C) by inserting after paragraph (3) the 16
following: 17
‘‘(4) any establishment that provides a good, 18
service, or program, including a store, shopping cen-19
ter, online retailer or service provider, salon, bank, 20
gas station, food bank, service or care center, shel-21
ter, travel agency, or funeral parlor, or establish-22
ment that provides health care, accounting, or legal 23
services; 24
‘‘(5) any train service, bus service, car service, 25
taxi service, airline service, station, depot, or other 26
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place of or establishment that provides transpor-1
tation service; and’’. 2
(b) P
ROHIBITION ONDISCRIMINATION ORSEGREGA-3
TIONUNDERLAW.—Section 202 of such Act (42 U.S.C. 4
2000a–1) is amended by inserting ‘‘sex (including sexual 5
orientation and gender identity),’’ before ‘‘or national ori-6
gin’’. 7
(c) D
EFINITIONS ANDRULES OFCONSTRUCTION.— 8
Title II of such Act (42 U.S.C. 2000a et seq.) is amended 9
by adding at the end the following: 10
‘‘SEC. 208. DEFINITIONS AND RULES. 11
‘‘(a) D
EFINITIONS.— 12
‘‘(1) R
ACE; COLOR; RELIGION; SEX; SEXUAL 13
ORIENTATION; GENDER IDENTITY ; NATIONAL ORI-14
GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex (includ-15
ing sexual orientation and gender identity)’, or ‘na-16
tional origin’, used with respect to an individual, in-17
cludes— 18
‘‘(A) the race, color, religion, sex (includ-19
ing sexual orientation and gender identity), or 20
national origin, respectively, of another person 21
with whom the individual is associated or has 22
been associated; and 23
‘‘(B) a perception or belief, even if inac-24
curate, concerning the race, color, religion, sex 25
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(including sexual orientation and gender iden-1
tity), or national origin, respectively, of the in-2
dividual. 3
‘‘(2) G
ENDER IDENTITY.—The term ‘gender 4
identity’ means the gender-related identity, appear-5
ance, mannerisms, or other gender-related character-6
istics of an individual, regardless of the individual’s 7
designated sex at birth. 8
‘‘(3) I
NCLUDING.—The term ‘including’ means 9
including, but not limited to, consistent with the 10
term’s standard meaning in Federal law. 11
‘‘(4) S
EX.—The term ‘sex’ includes— 12
‘‘(A) a sex stereotype; 13
‘‘(B) pregnancy, childbirth, or a related 14
medical condition; 15
‘‘(C) sexual orientation or gender identity; 16
and 17
‘‘(D) sex characteristics, including intersex 18
traits. 19
‘‘(5) S
EXUAL ORIENTATION .—The term ‘sexual 20
orientation’ means homosexuality, heterosexuality, or 21
bisexuality. 22
‘‘(b) R
ULES.—In this title— 23
‘‘(1) (with respect to sex) pregnancy, childbirth, 24
or a related medical condition shall not receive less 25
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favorable treatment than other physical conditions; 1
and 2
‘‘(2) (with respect to gender identity) an indi-3
vidual shall not be denied access to a shared facility, 4
including a restroom, a locker room, and a dressing 5
room, that is in accordance with the individual’s 6
gender identity. 7
‘‘SEC. 209. RULES OF CONSTRUCTION. 8
‘‘(a) C
LAIMS ANDREMEDIESNOTPRECLUDED.— 9
Nothing in this title shall be construed to limit the claims 10
or remedies available to any individual for an unlawful 11
practice on the basis of race, color, religion, sex (including 12
sexual orientation and gender identity), or national origin 13
including claims brought pursuant to section 1979 or 14
1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or 15
any other law, including the Federal law amended by the 16
Customer Non-Discrimination Act, regulation, or policy. 17
‘‘(b) N
ONEGATIVEINFERENCE.—Nothing in this 18
title shall be construed to support any inference that any 19
Federal law prohibiting a practice on the basis of sex does 20
not prohibit discrimination on the basis of pregnancy, 21
childbirth, or a related medical condition, sexual orienta-22
tion, gender identity, or a sex stereotype. 23
‘‘(c) S
COPE OF ANESTABLISHMENT.—A reference in 24
this title to an establishment— 25
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‘‘(1) shall be construed to include an individual 1
whose operations affect commerce and who is a pro-2
vider of a good, service, or program; and 3
‘‘(2) shall not be construed to be limited to a 4
physical facility or place. 5
‘‘SEC. 210. CLAIMS. 6
‘‘The Religious Freedom Restoration Act of 1993 (42 7
U.S.C. 2000bb et seq.) shall not provide a claim con-8
cerning, or a defense to a claim under this title or provide 9
a basis for challenging the application or enforcement of 10
this title.’’. 11
Æ
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