Restoring Biological Truth to the Workplace Act
- Bill Number
- S. 2037
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Civil Rights and Liberties, Minority Issues
- Status
- Introduced
- Latest Action
- 2025-06-11: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2025-12-05T22:56:31Z
AI-Generated Summary
Purpose This legislation amends Title VII of the Civil Rights Act of 1964 to add protections against workplace discrimination for employees who express views affirming that sex is binary and biological. It also covers requests to use single-sex facilities and strengthens anti-retaliation rules.
Key Provisions
- Adds a new subsection (o) to Section 703, making it unlawful for an employer to take adverse actions (such as hiring, firing, or other employment decisions) against an employee for engaging in "covered expression."
- Defines "covered expression" as speech, writing, depictions, or items containing such content—inside or outside the workplace—including the use of pronouns—that describes, asserts, or reinforces the binary or biological nature of sex.
- Prohibits adverse actions against employees who request or use single-sex areas such as bathrooms or changing rooms where privacy is expected.
- States that job-relatedness or business necessity cannot serve as a defense for these practices.
- Amends Section 704(a) to explicitly include violations of the new subsection (o) within retaliation protections.
Significant Changes to Existing Law The bill introduces new explicit prohibitions under Title VII that were not previously stated in the statute. It expands the scope of protected activity to include both workplace and non-workplace speech on biological sex and creates a specific rule against adverse actions tied to single-sex facility use. These additions override any potential "business necessity" justification for such conduct.
Potential Impacts
- Government agencies: The Equal Employment Opportunity Commission would enforce these new rules through existing Title VII processes, potentially requiring updated guidance and investigation procedures.
- Citizens/employees: Workers gain broader protection for personal expression on sex and biology, as well as access to single-sex spaces, reducing risk of discipline or termination.
- Employers: Private and public employers face new limits on policies or actions that could be viewed as penalizing biological-sex-related speech or facility preferences.
- International relations: No direct effects are outlined in the legislation.
Main Stakeholders Affected
- Employees (particularly those expressing views on biological sex).
- Employers (including businesses, organizations, and government entities subject to Title VII).
- The Equal Employment Opportunity Commission (as the primary enforcement agency).
- Individuals and groups involved in workplace disputes over sex, pronouns, or facility access.
Notable Legal, Constitutional, or Political Implications The measure adds statutory language that could interact with prior court interpretations of Title VII, such as those addressing sex discrimination. It emphasizes speech and privacy rights in employment contexts, potentially raising First Amendment considerations regarding compelled speech or viewpoint neutrality. The absence of a business-necessity defense represents a deliberate narrowing of employer defenses under the statute.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Schmitt, Eric [R-MO], Sen. Budd, Ted [R-NC]
Recent Actions
- 2025-06-11: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-06-11: Introduced in Senate
Bill Versions
- Restoring Biological Truth to the Workplace Act — issued 2025-06-11 — PDF (3 pages)