Section 1 Short title
This Act may be cited as the “Fair Pay for All Act of 2021”.
Fair Pay for All Act of 2021
A BILL
To amend the Fair Labor Standards Act of 1938 to provide that sex includes sexual orientation and gender identity, and for other purposes.
Sec. 2 Sex to include sexual orientation and gender identity
In general— Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following:
“(t)
“(1) “Sex” includes—
“(A) a sex stereotype;
“(B) pregnancy, childbirth, or a related medical condition;
“(C) sexual orientation or gender identity; and
“(D) sex characteristics, including intersex traits.
“(2) “Sexual orientation” includes homosexuality, heterosexuality, and bisexuality.
“(3) “Gender identity” means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.”
Sex-Based discrimination— Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by striking “opposite” and inserting “another”.