Current status is Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

119th CONGRESS

1st Session

S. 2037

1. Short title
2. Prohibited unlawful employment action
3. Prohibited retaliation

1. Short title

This Act may be cited as the "Restoring Biological Truth to the Workplace Act".

2. Prohibited unlawful employment action

Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended by adding at the end the following:

(o) -

(1) - It shall be an unlawful employment practice for an employer to take an action described in subsection (a) because an employee engages in covered expression, that describes, asserts, or reinforces the binary or biological nature of sex. For purposes of this paragraph, the term "covered expression" means expression, inside or outside of a workplace, through means including speech, writing, or a depiction, or owning or using an item that contains speech, writing, or a depiction, and includes the use of pronouns.

(2) - It shall be an unlawful employment practice for an employer to take an action described in subsection (a) because an employee requests or uses a single-sex area that is a bathroom, changing area, or other area where physical privacy is desirable.

(3) - It shall not be a defense to the use of a practice described in paragraph (1) or (2) that use of the practice is job related for the position in question or consistent with business necessity.

3. Prohibited retaliation

Section 704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(a)) is amended by inserting ", including an unlawful employment practice prohibited under section 703(o)"after "by this title".