Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex.
Sex discrimination also can involve treating someone less favorably because of his/her connection with an organization or group that is generally associated with people of a certain sex.
Discrimination against an individual because that person is transgender is discrimination because of sex in violation of Title VII. This is also known as gender identity discrimination. In addition, lesbian, gay, and bisexual individuals may bring sex discrimination claims. These may include, for example, allegations of sexual harassment or other kinds of sex discrimination, such as adverse actions taken because of the person's non-conformance with sex-stereotypes. The EEOC has provided additional resources about sexual orientation and gender identity workplace rights: Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity.
Sex-based discrimination also includes both "sexual harassment" and pregnancy discrimination. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Pregnancy discrimination involves treating a woman unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Sex Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Sex Discrimination & Employment Policies/Practices
An employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.