Last week, the Senate Committee on the Judiciary held its first round of hearings regarding passage of HR 5, known as the “Equality Act.” The Equality Act aims to codify protections against discrimination based on sexual orientation and gender identity. President Biden has continually reiterated his support, urging “Congress to swiftly pass this historic legislation.” While the bill has been introduced multiple times before, its potential impact has changed with the U.S. Supreme Court’s rulings in cases like Bostock v. Clayton Co, which held that terminating a man’s employment because he had a same-sex partner qualified as sex discrimination under Title XII of the 1964 Civil Rights Act. Rather than rely on the term ‘sex’ as an umbrella encompassing sexual orientation and gender identity, the Equality Act would actually amend the 1964 Civil Rights Act to explicitly prevent discrimination based on sexual orientation and gender identity, in addition to race, color, religion, sex and national origin. For all of these groups, the Equality Act would also go beyond the 1964 Civil Rights Act’s protections in the areas of employment and housing to have a broader reach, by including federally funded programs and “public accommodations,” which can include retail businesses.