H.R. 4554: Restoring Biological Truth to the Workplace Act

This bill is titled the "Restoring Biological Truth to the Workplace Act" and aims to amend the Civil Rights Act of 1964. Its primary focus is on prohibiting discrimination against employees based on their expression concerning the binary or biological nature of sex. Here are the main provisions of the bill:

Key Provisions

• Definition of Unlawful Employment Practices: The bill expands the definition of unlawful employment practices to include actions taken by employers against employees who engage in what it calls "covered expression." This expression relates to descriptions, assertions, or reinforcements of the binary or biological nature of sex.
• Types of Covered Expressions: Covered expressions can occur inside or outside the workplace and may include:
  • Speech
  • Writing
  • Depictions
  • Use of pronouns
  • Ownership or use of items containing speech, writing, or depictions
• Requesting Single-Sex Areas: Employers would be prohibited from taking adverse actions against employees who request or use single-sex areas, such as bathrooms or changing rooms, where physical privacy is sought.
• Defense Limitations: Employers cannot defend their practices related to the above expressions or requests by arguing that such practices are job-related or consistent with business necessity.

Retaliation Protections

The bill also amends the existing provisions regarding retaliation. It states that it would be considered a retaliatory act for employers to respond unfavorably against employees for engaging in covered expressions as defined in the new clause added to Section 703.

Overall Impact

By enacting this bill, it seeks to provide additional legal protections for employees regarding their biological and gender-related expressions. Employers would need to be cautious in how they handle situations involving gender identity and expression, especially when it comes to areas involving privacy and self-identification.

Relevant Companies

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