Customer Non-Discrimination Act

Bill Number: H.R. 7005
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Civil Rights and Liberties, Minority Issues
Status: Introduced
Latest Action: 2026-01-09: Referred to the House Committee on the Judiciary.
Last Updated: 2026-04-29T17:05:07Z

AI-Generated Summary

Purpose

The Customer Non-Discrimination Act (H.R. 7005) aims to expand federal protections against discrimination in public accommodations—places open to the public like businesses and services—by explicitly including sex (encompassing sexual orientation and gender identity) as a protected category. It builds on existing civil rights laws to ensure equal access for all individuals regardless of these characteristics.

Key Provisions

Prohibition on Discrimination: Amends the Civil Rights Act of 1964 to ban discrimination or segregation in public accommodations based on sex (including sexual orientation and gender identity), alongside existing protections for race, color, religion, and national origin.
Expanded Definition of Public Accommodations: Broadens the list of covered places to include:
Retail stores, shopping centers, online retailers or service providers, salons, banks, gas stations, food banks, service or care centers, shelters, travel agencies, funeral parlors, and providers of health care, accounting, or legal services.
Transportation services such as trains, buses, cars, taxis, airlines, stations, depots, or other related establishments.
Prohibitions Under State and Local Laws: Extends the ban on discriminatory laws or ordinances to cover sex (including sexual orientation and gender identity).
Definitions and Rules:
Defines "sex" to include sex stereotypes (assumptions about how someone should act based on their sex), pregnancy or related medical conditions, sexual orientation (homosexuality, heterosexuality, or bisexuality), gender identity (a person's internal sense of gender, including appearance and mannerisms, regardless of birth-assigned sex), and sex characteristics (such as intersex traits, which are variations in physical traits at birth).
Protects against discrimination based on association with someone of a protected characteristic or even a mistaken perception of it.
Ensures pregnancy receives equal treatment to other physical conditions.
Requires shared facilities (e.g., restrooms, locker rooms, dressing rooms) to allow access based on an individual's gender identity.
Rules of Construction:
Does not limit other legal claims or remedies under federal laws like 42 U.S.C. 1983 (which allows lawsuits for civil rights violations) or 1985 (conspiracy to interfere with civil rights).
Clarifies that the law does not imply existing sex discrimination laws exclude protections for pregnancy, sexual orientation, gender identity, or stereotypes.
Applies to individuals or operations affecting interstate commerce (business activities crossing state lines), not just physical locations.
Limits on Religious Freedom Claims: The Religious Freedom Restoration Act of 1993 (RFRA)—a law that can exempt people from federal rules if they burden religious beliefs—cannot be used to challenge or defend against claims under this title.

Significant Changes to Existing Law

Explicit Inclusion of LGBTQ+ Protections: The Civil Rights Act of 1964 already prohibits sex discrimination, but this bill clarifies and expands it to explicitly cover sexual orientation and gender identity, addressing ambiguities from court interpretations.
Wider Scope of Covered Entities: Previously focused on places like hotels, restaurants, theaters, and stadiums; now includes modern services like online retailers, banks, and transportation apps, adapting to current commerce.
Enhanced Definitions: Introduces detailed explanations of terms like "gender identity" and "sexual orientation," which were not previously defined in the Act, and adds protections for perceived or associated characteristics.
RFRA Limitation: Overrides RFRA's potential use as a defense in discrimination cases under this law, narrowing religious exemptions in public accommodations.

Potential Impacts

On Citizens: Provides stronger legal recourse for individuals facing denial of services due to sexual orientation, gender identity, or related sex-based traits, potentially reducing everyday discrimination in shopping, healthcare, transportation, and more. This could promote inclusivity, especially for LGBTQ+ people, pregnant individuals, and those challenging sex stereotypes.
On Government Agencies: The Department of Justice and other federal enforcers may see increased responsibilities for investigating complaints and litigating cases, similar to existing civil rights enforcement. States and localities must align their laws to avoid federal overrides.
On Businesses and Public Accommodations: Owners and operators (including online platforms) face clearer compliance requirements, with risks of lawsuits or penalties for violations, but also guidance on facility access to avoid disputes.
On International Relations: No direct impacts mentioned; the bill focuses on domestic commerce and civil rights.

Main Stakeholders Affected

LGBTQ+ Individuals and Communities: Primary beneficiaries through explicit protections against exclusion in services and facilities.
Women and Pregnant People: Gain reinforced safeguards for pregnancy-related discrimination and sex stereotypes.
Business Owners and Service Providers: Including retailers, banks, healthcare providers, transportation companies, and online platforms, who must update policies to comply.
Civil Rights Organizations: Groups advocating for equality may use this to pursue more cases.
Religious Groups and Individuals: Potentially affected by the RFRA limitation, as it reduces options to claim religious beliefs justify discriminatory practices in public settings.

Notable Legal, Constitutional, or Political Implications

Legal Implications: Strengthens the framework for civil rights lawsuits by clarifying definitions and expanding venues, likely increasing litigation volume. It preserves other remedies, encouraging use of multiple legal avenues without creating conflicts.
Constitutional Implications: Aligns with Equal Protection Clause principles under the 14th Amendment by promoting non-discrimination, but the RFRA override could invite challenges on First Amendment free exercise grounds, testing balances between civil rights and religious liberty.
Political Implications: Introduced with bipartisan co-sponsors (mostly Democrats but including some Republicans), signaling potential for cross-party support on equality issues; however, debates may arise over business burdens and religious freedoms in a divided Congress.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Watson Coleman, Bonnie [D-NJ-12]

Cosponsors (20)

Rep. Tonko, Paul [D-NY-20], Rep. Pocan, Mark [D-WI-2], Rep. Crockett, Jasmine [D-TX-30], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Peters, Scott H. [D-CA-50], Rep. Tlaib, Rashida [D-MI-12], Rep. Mullin, Kevin [D-CA-15], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Carson, André [D-IN-7], Rep. Thanedar, Shri [D-MI-13], Rep. Takano, Mark [D-CA-39], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Jayapal, Pramila [D-WA-7], Rep. Carter, Troy A. [D-LA-2], Rep. Williams, Nikema [D-GA-5], Rep. Gottheimer, Josh [D-NJ-5], Rep. Simon, Lateefah [D-CA-12], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Salinas, Andrea [D-OR-6]