H.R. 697

Justice for All Act of 2023

This bill prohibits discrimination based on sex, sexual orientation, gender identity, or race-related characteristics in schools, businesses, federally funded programs, and other settings. It also provides statutory authority for and expands the types of civil actions that may be brought for violations.

For example, the bill expands provisions under the Civil Rights Act of 1964 so as to (1) prohibit federally funded programs from discriminating based on sex or religion; and (2) prohibit public accommodations, including stores and transit services, from discriminating based on sex.

The bill defines sex to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics. It also expands the definition of race to include traits that have been historically associated with race (e.g., natural hair textures). The expanded definitions apply to the Civil Rights Act of 1964, the Fair Housing Act (discrimination in public and private housing), and Title IX of the Education Amendments of 1972 (discrimination based on sex in federally funded educational programs).

Further, the bill provides statutory authority for disparate impact or intentional discrimination claims under the aforementioned acts, as well as the Age Discrimination Act of 1975 (discrimination based on age by federally funded programs) and the Rehabilitation Act of 1973 (discrimination based on disability by federally funded programs).

The bill also includes other provisions that address (1) profiling by law enforcement officers, (2) employer liability with respect to civil rights violations, (3) predispute arbitration agreements in civil rights cases, and (4) governmental immunity in suits involving constitutional violations.