Restoring Biological Truth to the Workplace Act
The Restoring Biological Truth to the Workplace Act would amend Title VII of the Civil Rights Act to bar employers from discriminating against employees based on "covered expression" that describes, asserts, or reinforces the binary or biological nature of sex. This includes speech, writings, depictions, or even pronouns used by or about an employee, as well as items containing such speech or depictions. The bill also protects an employee who requests or uses single-sex bathrooms or other privacy-designated areas from employer retaliation. Importantly, it abolishes defenses that a particular action was job-related or necessary for business purposes. The bill also expands retaliation provisions to cover these new protections. In short, the bill aims to shield employees who express beliefs about binary/biological sex from workplace discrimination and to safeguard their access to single-sex spaces, by weakening the effect of business-necessity defenses and broadening retaliation protections. The sponsor and specifics about enforcement would become clearer once the bill advances from introduction.
Key Points
- 1Prohibition on discrimination based on "covered expression": Employers may not take adverse action against an employee because the employee expresses or asserts that sex is binary or biological, including pronoun choices and expressions inside or outside the workplace.
- 2Definition of "covered expression": Expression through speech, writing, depictions, or owning/using items containing such speech or depictions, including pronouns.
- 3Protection for access to single-sex spaces: Employers may not discriminate because an employee requests or uses a single-sex bathroom, changing area, or other privacy-designated area.
- 4Removal of business-necessity defenses: The bill states that it is not a valid defense that the discriminatory or adverse action is job-related or necessary for business purposes.
- 5Expanded retaliation protections: Retaliation claims are broadened to include actions prohibited under the new Section 703(o) (the additional protections against discrimination based on covered expression).