Defending Women in the Workplace Act

Bill Number

H.R. 8213

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Civil Rights and Liberties, Minority Issues

Status

Introduced

Latest Action

2026-04-09: Referred to the House Committee on Education and Workforce.

Last Updated

2026-05-16T08:06:58Z

AI-Generated Summary

Purpose

The "Defending Women in the Workplace Act" (H.R. 8213) aims to clarify that workplace discrimination protections under Title VII of the Civil Rights Act of 1964— which prohibits employment discrimination "because of sex"—do not extend to discrimination based on gender identity (a person's internal sense of their own gender, which may differ from their biological sex).

Key Provisions

• Short Title: "Defending Women in the Workplace Act."
• Rule of Construction: Explicitly states that the phrases "because of sex" and "on the basis of sex" in Title VII (42 U.S.C. 2000e et seq.) do not include discrimination "because of or on the basis of gender identity."

Significant Changes to Existing Law

• Overrides or narrows the interpretation from the Supreme Court's 2020 Bostock v. Clayton County decision, which ruled that discrimination against transgender individuals (based on gender identity) qualifies as sex discrimination under Title VII.
• Introduces a statutory exclusion, limiting Title VII's sex discrimination protections to biological sex rather than encompassing gender identity.

Potential Impacts

• On Citizens: Reduces federal legal protections for transgender employees against workplace discrimination (e.g., hiring, firing, promotions), potentially allowing employers more flexibility in decisions related to gender identity but limiting remedies for affected workers.
• On Government Agencies: Requires the Equal Employment Opportunity Commission (EEOC) and courts to interpret Title VII narrowly, shifting enforcement away from gender identity claims.
• On Employers: Provides clearer guidelines, reducing litigation risk over gender identity issues but increasing it over biological sex distinctions.
• No direct impact on international relations.

Main Stakeholders Affected

• Transgender workers: Lose explicit federal protections under Title VII.
• Women (biological sex): Intended beneficiaries, with clarified protections focused on biological sex differences (e.g., in shared facilities or roles).
• Employers and businesses: Gain definitional clarity but face potential state-level conflicts.
• Federal agencies (e.g., EEOC, Department of Justice): Must adjust enforcement and guidance.
• Courts: Will apply the new rule in future Title VII cases.

Notable Legal, Constitutional, or Political Implications

• Legal: Creates a direct statutory override of Supreme Court precedent, potentially leading to challenges on grounds like separation of powers (Congress vs. judiciary) or preemption of state laws protecting gender identity.
• Constitutional: Could raise equal protection claims under the 14th Amendment if seen as unequally burdening transgender individuals.
• Political: Highlights partisan divides on gender issues; introduced by Republican representatives and referred to the House Committee on Education and the Workforce, signaling potential for debate 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. Biggs, Sheri [R-SC-3]

Cosponsors (15)

Rep. Harrigan, Pat [R-NC-10], Rep. Ogles, Andrew [R-TN-5], Rep. Perry, Scott [R-PA-10], Rep. Mace, Nancy [R-SC-1], Rep. Gosar, Paul A. [R-AZ-9], Rep. Letlow, Julia [R-LA-5], Rep. Boebert, Lauren [R-CO-4], Rep. Luna, Anna Paulina [R-FL-13], Rep. Norman, Ralph [R-SC-5], Rep. Miller, Mary E. [R-IL-15], Rep. Self, Keith [R-TX-3], Rep. McGuire, John J. [R-VA-5], Rep. Baird, James R. [R-IN-4], Rep. Owens, Burgess [R-UT-4], Rep. Loudermilk, Barry [R-GA-11]

Recent Actions

• 2026-04-09: Referred to the House Committee on Education and Workforce.
• 2026-04-09: Introduced in House
• 2026-04-09: Introduced in House

Bill Versions

• Defending Women in the Workplace Act — issued 2026-04-09 — PDF (2 pages)