Restoring Biological Truth to the Workplace Act
Restoring Biological Truth to the Workplace Act would amend Title VII of the Civil Rights Act to prohibit employers from taking adverse employment actions against employees because of expressions that describe, assert, or reinforce the binary or biological nature of sex. The bill defines “covered expression” broadly to include speech, writing, depictions, or even items that contain such content, and it explicitly includes pronouns. It also prohibits employers from discriminating against employees who request or use single-sex bathrooms or other private areas, where privacy is a concern. A key point is that no defense based on job relevance or business necessity could justify these actions. Additionally, the retaliation protections in Title VII would be broadened to explicitly cover unlawful practices prohibited under the new section.
Key Points
- 1Prohibits unlawful employment actions taken because an employee engages in “covered expression” about the binary/biological nature of sex (including pronouns and items containing related content).
- 2Prohibits actions by employers against employees who request or use single-sex bathrooms or other private areas where privacy is a concern.
- 3Removes the possibility of using business necessity or job-related reasons as a defense to actions based on covered expression.
- 4Expands retaliation protections by adding the new unlawful practices (under section 703(o)) to the list of retaliatory actions prohibited by Title VII.
- 5Provides a broad definition of “covered expression,” encompassing speech, writing, depictions, and even ownership or use of items containing such content, inside or outside the workplace.