Anti-Discrimination and Religious Freedom: New Rules
This act expands protection against discrimination based on sex, sexual orientation, and gender identity across various aspects of life, including public accommodations, federally funded programs, employment, and housing. Simultaneously, it establishes safeguards for religious organizations to operate according to their beliefs, particularly in adoption and foster care services, and protects workplace speech.
Key points
Expanded Anti-Discrimination: New provisions prohibit discrimination based on sex, sexual orientation, and gender identity in public accommodations (e.g., stores, banks, medical services, transportation, funeral services, online retailers with 15+ employees), federally funded programs, employment, and housing.
Protection for Religious Freedom: The act ensures that religious organizations, including churches, schools, and non-profits, can continue to operate according to their religious beliefs, even when receiving federal funds. This includes employment practices, educational programs, and adoption/foster care services, with some exceptions for racial discrimination.
Adoption and Foster Care Services: An indirect funding program will be established, allowing prospective parents to choose adoption or foster care agencies, including religious ones. While agencies cannot discriminate based on race, color, national origin, sex, sexual orientation, or gender identity, religious agencies may have certain exemptions if the certificate program is adequately funded.
Anti-Bullying in Schools: Public elementary and secondary schools receiving federal grants must implement policies to prevent and prohibit bullying and harassment of students based on their actual or perceived race, color, national origin, religion, disability, sex, sexual orientation, or gender identity.
Marriage Recognition: The act amends the definition of marriage in federal law to recognize marriages valid in the state where entered, which includes same-sex marriages.
Workplace Protections: Employers cannot discriminate based on sex, sexual orientation, and gender identity. The act also defines "undue hardship" for religious accommodations and protects employees' right to express religious, political, or moral beliefs in a reasonable manner in the workplace.
Expired
Additional Information
Print number: 117_HR_1440
Sponsor: Rep. Stewart, Chris [R-UT-2]
Process start date: 2021-02-26