Sec. 2. Prohibition against discrimination or segregation in places of public accommodation
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/bill/116/hr/5331/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 201 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a ) is amended— in subsection (a), by inserting sex, sexual orientation, gender identity, before or national origin ; in subsection (b)— in paragraph (3), by striking and at the end; by redesignating paragraph
(4)as paragraph (10); by inserting after paragraph
(3)the following: any place of exercise, recreation, or amusement, other than religious camps or religious retreat centers; any provider of financial services, including banks, credit unions, mortgage houses, brokers, and financial planners; for the purpose of classifications enumerated in subsection
(a)and not described by section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116(a) )— any provider of medical services. It shall not constitute a violation of this title to provide a service, treatment, therapy, procedure, or drug on the same medical terms or criteria applicable to individuals needing that service, treatment, therapy, procedure or drug, without regard to protected class status; any provider of mental health care, except that this section shall not apply when the primary objective is to assist a person in entering or sustaining a marriage, so long as the provider coordinates a referral of the client to another qualified mental health care provider who will provide the needed service and the client is not in imminent danger of harming self or others; nothing in subparagraph
(B)shall apply to a priest, pastor, rabbi, imam, or minister of any faith while acting substantially in a ministerial capacity; and a provider of medical services covered by subparagraph
(A)or a provider of mental health care covered by subparagraph
(B)may make evidence-based medical determinations and may refer patients when necessary for a patient’s best interests and welfare, including professional expertise; any place of or provider of transportation services; any provider of funeral services or burial plots, except those that primarily limit their services or facilities to those of a particular religion; any store, shopping center, or online retailer or provider of online services that has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. This employee threshold shall not apply to a claim of discrimination because of race, color, or national origin or to a place of public accommodation covered under paragraphs
(1)through (8); ; and by inserting after paragraph
(10)the following: The provisions of this title shall not apply to— any building or collection of buildings that is used primarily as a denominational headquarters, church administrative office, or church conference center; a place of worship, such as a church, synagogue, mosque, chapel, and its appurtenant properties used primarily for religious purposes; a religious educational institution and its appurtenant properties used primarily for religious purposes; in connection with a religious celebration or exercise: a facility that is supervised by a priest, pastor, rabbi, imam, or minister of any faith, or religious certifying body, and that is principally engaged in providing food and beverages in compliance with religious dietary requirements; or any online operations or activities of an organization exempt under this section. The following shall not be a place of public accommodation, even if used for a commercial purpose, except within the area and during the time that the property or facility is open to the public; operated primarily for a commercial purpose; and not primarily related to the inculcation, promotion, or expression of religion— other appurtenant properties or facilities owned or operated by a church, by another house of worship, or by a religious educational institution; or a property owned or operated primarily for noncommercial purposes by a nonprofit religious corporation that holds itself out to the public as substantially religious, has as its stated purpose in its organic documents that it is religious, and is substantially religious in its current operations. This paragraph
(11)shall not apply to a person or entity that discriminates because of race, color, or national origin with respect to a property or facility enumerated in
(A)or (B). Provided that equivalent treatment, services, facilities, and benefits are made available and without prejudicing rights or protections based on any other protected class status— nothing in this title that refers to sex shall be construed to prevent a fitness center, spa, or similar place, whose services or facilities are intended for the exclusive use of persons of the same sex, from providing the use of those services or facilities exclusively to persons of that sex or prohibit a place of public accommodation from temporarily restricting access to a fitness center, spa, pool, or similar place, according to sex; and a place of public accommodation shall reasonably accommodate a patron who requests greater privacy within a facility intended for the exclusive use of persons of the same sex. Nothing in this title shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this title shall be construed to permit a penalty to be imposed on any person or any individual because such person or individual is seeking or has received any benefit or service related to a legal abortion. ; and by adding at the end of subsection
(e)the following: For purposes of this title: The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, without regard to the individual’s designated sex at birth. A person’s gender identity can be shown by providing evidence, including medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person’s core identity, and not being asserted for an improper purpose. The term sexual orientation means homosexuality, heterosexuality, or bisexuality. The term online retailer or provider of online services means a web page by a commercial business not enumerated in paragraph
(11)that invites the general public to purchase a good or service by use of a credit card or similar payment device over the internet. It does not mean a web page that gives information about a good or service, including quality, price, or availability, but does not permit such purchase directly from the web page. The terms religion and religious include all aspects of religious belief, observance, and practice, whether or not compelled by, or central to, a system of religion. The term religious corporation, association, educational institution, or society includes— a church, synagogue, mosque, temple, or other house of worship; a nonprofit corporation, association, educational institution, society, or other nonprofit entity that is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular church, denomination, convention, or association of churches or other houses of worship; or a nonprofit corporation, association, educational institution, society, or other nonprofit entity that holds itself out to the public as substantially religious, has as its stated purpose in its organic documents that it is religious, and is substantially religious in its current operations. Nothing in this title shall be construed to require the construction of new or additional facilities. .
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Sec. 2
Prohibition against discrimination or segregation in places of public accommodation
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