; (C) sexual orientation or gender identity; and (D) sex characteristics, including intersex traits. (6) Sexual orientation The term sexual orientation means an individual’s actual or perceived romantic, physical, or sexual attraction to other persons, or lack thereof, that includes heterosexuality, homosexuality, and bisexuality. (b) Rules In providing a remedy under this Act: (1) In the case of any conduct alleged to be discriminatory on the basis of sex, the remedy under this Act for such conduct, to the extent it pertains to pregnancy, childbirth, or a related medical condition may not result in a less substantial remedy than any other remedy for discrimination on the basis of sex. (2) In the case of any conduct alleged to be discriminatory on the basis of sex (with respect to gender identity), an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity. 209. Rules of construction (a) Claims and remedies not precluded Nothing in this title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex, or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes ( 42 U.S.C. 1983 , 1985) or any other law, including the Federal law amended by the Customer Non-Discrimination Act, regulation, or policy. (b) No negative inference Nothing in this title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype. (c) Scope of an establishment A reference in this title to an establishment— (1) shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program