Equality Act This bill prohibits discrimination based on sex, sexual orientation, or gender identity with respect to businesses, employment, housing, federally funded programs, and other settings. Specifically, the bill expands Title II and Title VI of the Civil Rights Act of 1964 to prohibit public accommodations and federally funded programs, respectively, from discriminating based on sex, sexual orientation, or gender identity. It also includes stores, transit services, recreational facilities, and establishments that provide health care, accounting, or legal services as public accommodations under Title II. The bill also expands Title IV (desegregation of public schools) and Title VII (employment discrimination) to specifically include sexual orientation and gender identity. (The Supreme Court held in Bostock v. Clayton County that Title VII's prohibition of employment discrimination based on sex also prohibits employment discrimination based on sexual orientation or gender identity.) The bill similarly expands the Fair Housing Act (discrimination in public and private housing) to include sexual orientation and gender identity. It also prohibits discrimination based on sexual orientation or gender identity by creditors and with respect to jury selection. The bill defines sex for purposes of the aforementioned provisions to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics.
If enacted, SB5 would facilitate a comprehensive approach to addressing discrimination faced by LGBTQ individuals and others based on gender identity. It is poised to reinforce existing laws by making explicit that discrimination based on sexual orientation and gender identity is inherently a form of sex discrimination. The changes may lead to greater accountability for businesses, schools, and other institutions, providing clearer pathways for individuals seeking redress against discriminatory actions in multiple contexts, including employment, healthcare access, and housing.
Senate Bill 5, referred to as the Equality Act, seeks to expand protections against discrimination based on sex, sexual orientation, and gender identity. The bill proposes amendments to several titles of the Civil Rights Act of 1964, thereby ensuring that these forms of discrimination are explicitly prohibited in various sectors including employment, housing, public accommodations, and federally funded programs. Notably, it aims to clarify definitions related to sex discrimination, encompassing not just biological sex, but also sexual orientation and gender identity, thereby broadening the scope of protected categories under the law.
The major points of contention surrounding SB5 include concerns about the implications for religious freedom and the potential pushback from certain organizations and individuals who may see this as an infringement on their rights to operate according to their beliefs. Critics may argue that the bill could unintentionally penalize individuals or organizations that express opposition on religious grounds concerning gender and sexuality issues. Proponents argue that the need for nondiscrimination protections far outweighs these concerns, highlighting the urgency of addressing systemic discrimination against marginalized identities.