H.R. 1543, introduced as the EQUITY Act, would amend title 10 of the U.S. Code to prohibit discrimination within the Department of Defense (DoD) on the basis of race, color, religion, sex, national origin, gender identity, or sexual orientation. The bill requires that eligibility and service decisions be based only on general occupational standards and the specific military occupational specialty (MOS) requirements, rather than any protected characteristic. It adds a new Section 975 (Prohibition on discrimination) to Chapter 49 of Title 10, and provides definitions for gender identity, sex, and sex stereotypes to clarify what is protected. The bill frames discrimination as incompatible with merit-based service and the goal of equal opportunity for all service members.
Key Points
- 1Prohibition of discrimination: Discrimination within the DoD based on race, color, religion, sex, national origin, gender identity, or sexual orientation is prohibited, with exceptions limited to merit-based eligibility standards tied to general occupational standards and MOS qualifications.
- 2Merit-based standards: Qualifications for service must consider only an individual’s ability to meet general occupational standards and the requirements of their specific military specialty.
- 3New statutory provision: Adds Sec. 975 to Chapter 49 of title 10, establishing a formal prohibition on discrimination within the armed forces.
- 4Definitions:
- 5- Gender identity means a person’s gender-related identity, appearance, mannerisms, or other gender-related characteristics, regardless of birth sex.
- 6- Sex includes sex stereotypes, pregnancy/related medical conditions, and sex characteristics (including intersex traits).
- 7- Sex stereotype covers expectations about masculinity/femininity, behavior, appearance, and roles deemed appropriate for a given sex.
- 8Foundational policy framing: The bill’s findings recount a history of inclusivity in the armed forces (e.g., women and LGBTQIA+ service members serving openly, combat role access, etc.) and state the policy goal that every service member should be evaluated on merit in an environment free from discrimination.