Sec. 3. Prohibited discrimination

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Civil Rights Act of 1964 Section 601 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d ) is amended— by striking No and inserting

(a)No ; by inserting religion, sex (as such term is defined in section 208), before or national origin ; and by adding at the end the following: Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if— a person aggrieved by discrimination on the basis of race, color, sex (as defined in section 208), or national origin (referred to in this title as an person aggrieved demonstrates that an entity subject to this title (referred to in this title as a covered entity ) has a policy or practice that causes a disparate impact on the basis of race, color, sex (as such term is defined in section 208), or national origin and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or the person aggrieved demonstrates (consistent with the demonstration required under title VII with respect to an alternative employment practice ) that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph (A)(i), the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact, except that if the person aggrieved demonstrates to the court that the elements of a covered entity’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as 1 policy or practice. If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. A demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title. In this subsection, the term demonstrates means meets the burdens of production and persuasion. . Section 901 of the Education Amendments of 1972 ( 20 U.S.C. 1681 ) is amended— by redesignating subsection

(c)as subsection (e); and by inserting after subsection

(b)the following: Subject to the conditions described in paragraphs

(1)through

(9)of subsection (a), discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if— a person aggrieved by discrimination on the basis of sex (as such term is defined in section 208 of the Civil Rights Act of 1964) (referred to in this title as an person aggrieved ) demonstrates that an entity subject to this title (referred to in this title as a covered entity ) has a policy or practice that causes a disparate impact on the basis of sex and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or the person aggrieved demonstrates (consistent with the demonstration required under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) with respect to an alternative employment practice ) that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph (A)(i), the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact, except that if the person aggrieved demonstrates to the court that the elements of a covered entity’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as 1 policy or practice. If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. A demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title. In this subsection, the term demonstrates means meets the burdens of production and persuasion. . Age Discrimination Act of 1975 Section 303 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6102 ) is amended— by striking Pursuant and inserting

(a)Pursuant ; and by adding at the end the following: Subject to the conditions described in subsections

(b)and

(c)of section 304, discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if— a person aggrieved by discrimination on the basis of age (referred to in this title as a person aggrieved ) demonstrates that an entity subject to this title (referred to in this title as a covered entity ) has a policy or practice that causes a disparate impact on the basis of age and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or the person aggrieved demonstrates (consistent with the demonstration required under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) with respect to an alternative employment practice ) that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph (A)(i), the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact, except that if the person aggrieved demonstrates to the court that the elements of a covered entity’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as 1 policy or practice. If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. A demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title. In this subsection, the term demonstrates means meets the burdens of production and persuasion. . The Fair Housing Act (title VIII of the Civil Rights Act of 1968; 42 U.S.C. 3601 et seq. ) is amended— in section 802, by adding at the end the following: Sex has the meaning given such term in section 208 of the Civil Rights Act of 1964. Source of income includes— any income from a profession, occupation, or job; any form of Federal, State, or local housing assistance provided to a family or provided to a housing owner on behalf of a family, or private assistance, grant, loan or rental assistance program, including low-income housing assistance certificates, rental subsidies from nongovernmental organizations, and vouchers issued under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ); any income received during a taxable year as Social Security benefits, as defined in section 86(d) of the Internal Revenue Code of 1986, or as supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); any gift, inheritance, pension, annuity, or other consideration or benefit; any income received pursuant to court order, including spousal support and child support; any payment from a trust, guardian, or conservator; any income from the sale or pledge of property or an interest in property; and any other lawful source of income. Race , color , religion , sex , sexual orientation , gender identity , handicap , familial status , source of income , or national origin , used with respect to an individual, includes— the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, source of income, or national origin, 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, sex, sexual orientation, gender identity, handicap, familial status, source of income, or national origin, respectively, of the individual. ; in section 804, by inserting (as defined in section 208 of the Civil Rights Act of 1964), source of income, after sex each place that term appears; in section 805, by inserting (as defined in section 208 of the Civil Rights Act of 1964), source of income, after sex each place that term appears; in section 806, by inserting (as defined in section 208 of the Civil Rights Act of 1964), source of income, after sex ; in section 807 ( 42 U.S.C. 3607 ), by adding at the end the following: Nothing in this title shall be construed to— prohibit an entity from providing housing assistance under section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) in a nondiscriminatory manner; or limit the ability of the owner of a dwelling to determine, in a commercially reasonable and non-discriminatory manner, the ability of a person to afford to purchase or rent the dwelling. ; and in section 808(e)(6) ( 42 U.S.C. 3608(e)(6) ), by inserting source of income, after handicap, . Section 901 of the Civil Rights Act of 1968 ( 42 U.S.C. 3631 ) is amended by inserting (as such term is defined in section 208 of the Civil Rights Act of 1964), source of income (as defined in section 802), after sex each place that term appears.

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