HR 5744 · 117th Congress 2021–2023, ended

Customer Non-Discrimination Act

Latest action · Nov 1, 2022 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedOct 26, 2021
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Customer Non-Discrimination Act

This bill prohibits discrimination based on sex, sexual orientation, and gender identity with respect to public accommodations and facilities. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation.

The bill expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services.

Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin shall include protections against discrimination based on (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections.

The bill prohibits an individual from being denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity. The bill also prohibits the provision of less favorable treatment with respect to pregnancy, childbirth or related medical conditions as compared to other physical conditions.

Cosponsors 42

Members who signed on, in the order they did. Signatures ran from Oct 26, 2021 to Jul 1, 2022; 35 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-NYAdriano EspaillatOriginalOct 26, 2021
D-NJAlbio SiresOriginalOct 26, 2021
D-NCAlma S. AdamsOriginalOct 26, 2021
D-INAndré CarsonOriginalOct 26, 2021
D-MNBetty McCollumOriginalOct 26, 2021
D-NJBill Pascrell, Jr.OriginalOct 26, 2021
D-NYCarolyn B. MaloneyOriginalOct 26, 2021
D-RIDavid N. CicillineOriginalOct 26, 2021
D-WADerek KilmerOriginalOct 26, 2021
D-NJDonald M. Payne, Jr.OriginalOct 26, 2021
D-PADwight EvansOriginalOct 26, 2021
D-DCEleanor Holmes NortonOriginalOct 26, 2021
D-CAEric SwalwellOriginalOct 26, 2021
D-NJFrank Pallone, Jr.OriginalOct 26, 2021
D-MAJake AuchinclossOriginalOct 26, 2021
D-MAJames P. McGovernOriginalOct 26, 2021
D-ILJanice D. SchakowskyOriginalOct 26, 2021
D-NYJerrold NadlerOriginalOct 26, 2021
D-OHJoyce BeattyOriginalOct 26, 2021
D-CAJulia BrownleyOriginalOct 26, 2021
D-CAKaren BassOriginalOct 26, 2021
D-PAMadeleine DeanOriginalOct 26, 2021
D-WIMark PocanOriginalOct 26, 2021
D-CAMark TakanoOriginalOct 26, 2021
D-PAMatt CartwrightOriginalOct 26, 2021
D-NYPaul TonkoOriginalOct 26, 2021
D-MIRashida TlaibOriginalOct 26, 2021
D-AZRaúl M. GrijalvaOriginalOct 26, 2021
D-CARo KhannaOriginalOct 26, 2021
D-CAScott H. PetersOriginalOct 26, 2021
D-TNSteve CohenOriginalOct 26, 2021
D-CATed LieuOriginalOct 26, 2021
D-FLTheodore E. DeutchOriginalOct 26, 2021
D-FLVal Butler DemingsOriginalOct 26, 2021
D-NYYvette D. ClarkeOriginalOct 26, 2021
D-WAPramila JayapalNov 2, 2021
D-OHTim RyanNov 3, 2021
D-KYJohn A. YarmuthDec 14, 2021
D-CAJudy ChuDec 14, 2021
D-VTPeter WelchDec 14, 2021
D-FLAl Lawson, Jr.Jan 10, 2022
D-NYNydia M. VelázquezJul 1, 2022

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Oct 26, 2021
Constitution and Limited Government Subcommittee
Referred Nov 1, 2022

Actions 3

Everything that happened, newest first.

  1. Nov 1, 2022Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  2. Oct 26, 2021Introduced in House
  3. Oct 26, 2021Referred to the House Committee on the Judiciary.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The sponsor’s statement, as printed in the Congressional Record, vol. 167, no. 188, October 26, 2021, page H5932.

Related bills 4

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 5Equality ActRelated billMar 17, 2021
S 393Equality ActRelated billFeb 23, 2021
HR 2687Customer Non-Discrimination ActReintroduction ofJun 26, 2019
HR 4393Customer Non-Discrimination ActReintroduced BillJun 27, 2023

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To prohibit discrimination in public accommodations on the basis of sex, gender identity, and sexual orientation, and for other purposes.
Short Title(s) as Introduced
Customer Non-Discrimination Act

Subjects

Assigned by the Library of Congress. Policy area: Civil Rights and Liberties, Minority Issues.

Text 1

Each version as it was printed, newest first.

  1. Oct 26, 2021Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.