Sec. 322. Prohibition on credit discrimination
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Subsection
(a)of section 701 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691 ) is amended to read as follows: It shall be unlawful to discriminate against any person, with respect to any aspect of a credit transaction— on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, age (provided the applicant has the capacity to contract), or disability (as such term is defined in section 3 of the Americans with Disabilities Act of 1990); on the basis of the person’s zip code, or census tract; because all or part of the person's income derives from any public assistance program; or because the person has in good faith exercised any right under the Consumer Credit Protection Act. . The Equal Credit Opportunity Act ( 15 U.S.C. 1691 et seq. ) is amended— in section 701(b)— by striking applicant each place such term appears and inserting person ; and in paragraph (2), by striking applicant’s each place such term appears and inserting person’s ; in section 702— by redesignating subsection
(g)as subsection (h); and by inserting after subsection
(f)the following: The term aggrieved person includes any person who— claims to have been injured by a discriminatory credit practice; or believes that such person will be injured by a discriminatory credit practice. ; in section 704A— in subsection (b)(1), by striking applicant each place such term appears and inserting aggrieved person ; and in subsection (c), by striking applicant and inserting aggrieved person ; in section 705— by striking the applicant each place such term appears and inserting persons ; and in subsection (a)— by striking a creditor to take and inserting taking ; and by striking applicant and inserting person ; and in section 706— by striking creditor each place such term appears and inserting person ; by striking creditor’s each place such term appears and inserting person’s ; by striking creditors each place such term appears and inserting persons ; and in subsection (f), by striking applicant and inserting aggrieved person . Section 702 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a ), as amended by subsection (b), is further amended by adding at the end the following: 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. The term sex includes— a sex stereotype; pregnancy, childbirth, or a related medical condition; sexual orientation or gender identity; and sex characteristics, including intersex traits. The term sexual orientation means homosexuality, heterosexuality, or bisexuality. The term race , color , religion , national origin , sex (including sexual orientation and gender identity ), marital status , or age , used with respect to an individual, includes— the race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age, respectively, of another person with whom the individual is associated or has been associated; and a perception or belief, even if inaccurate, concerning the race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age, respectively, of the individual. . Section 701 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691 ) is amended by adding at the end the following: Nothing in this 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, regulation, or policy. Nothing in this 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. .
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