The U.S. Equal Employment Opportunity Commission (EEOC) defines sex discrimination as treating an applicant or employee unfavorably because of that person’s sex. Discrimination against an individual because of gender identity or sexual orientation is in violation of Title VII.
What is Title VII?
Title VII of the Civil Rights Act of 1964 applies to private employers, state and local government employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees.
It is against Title VII to discriminate, based on sex or gender, when dealing with workplace matters such as hiring, firing or layoffs, pay rate, work schedule, job duties, promotions and advancement opportunities, trainings, fringe benefits and any other term or condition of employment.
These protections apply regardless of any opposing state or local laws.
According to The United States Department of Labor, sex discrimination includes, but is not limited to, “discrimination on the basis of sex; pregnancy, childbirth, or related medical conditions; harassment; and sex stereotyping.”
Sexual harassment is also considered a form of sex discrimination.
Sex discrimination harassment
It is against the law to harass an individual based on that person’s sex. The EEOC states that “harassment can include ‘sexual harassment’ or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.”
If you feel that you have been subject to discrimination, reach out to a local attorney that has experience in sex and gender discrimination and employment law.