Sex and gender discrimination in employment remains a significant problem despite decades of legal prohibition. When employers treat workers unfavorably because of sex, gender, pregnancy, or related characteristics, affected employees have legal claims for compensation and corrective action. Understanding how these protections work helps workers recognize discrimination and pursue appropriate remedies.
What Sex Discrimination Covers
Title VII prohibits discrimination based on sex in all aspects of employment, from hiring through termination. This includes treating men and women differently in pay, promotions, job assignments, training opportunities, or any other employment condition. The law protects both men and women from sex-based discrimination, though women historically have been the primary victims.
Gender stereotyping also constitutes illegal sex discrimination. When employers make employment decisions based on assumptions about how men or women should look, act, or behave, they discriminate unlawfully even if they're not overtly hostile to a particular sex. Penalizing women for being aggressive or men for being sensitive reflects impermissible stereotyping.
Pregnancy Discrimination
The Pregnancy Discrimination Act amended Title VII to explicitly prohibit discrimination based on pregnancy, childbirth, and related medical conditions. Employers cannot refuse to hire pregnant applicants, fire employees because they become pregnant, or treat pregnancy-related conditions differently from other temporary disabilities affecting work ability.
Reasonable accommodations may be required under the Pregnant Workers Fairness Act for limitations related to pregnancy, childbirth, or related medical conditions. This newer law requires employers to provide accommodations similar to those available under disability discrimination laws, further protecting pregnant workers' rights.
Sexual Orientation and Gender Identity
The Supreme Court's Bostock decision confirmed that Title VII's sex discrimination prohibition protects LGBTQ+ employees. Discrimination based on sexual orientation or gender identity necessarily involves sex-based considerations and therefore violates Title VII. This protection applies nationwide regardless of state laws that may not explicitly include these categories.
Transgender employees are protected from discrimination including refusal to use correct names and pronouns, denial of restroom access consistent with gender identity, and adverse treatment related to transition. Employers cannot discriminate against employees for being transgender or for not conforming to sex-based stereotypes.
Proving Sex Discrimination
Sex discrimination cases often rely on comparative evidence showing different treatment of men and women in similar situations. Pay disparities, promotion patterns, and discipline inconsistencies between sexes provide circumstantial proof of discrimination. Comments reflecting sex-based assumptions or hostility support inferences of discriminatory motivation.
Systemic discrimination may be proven through statistical analysis showing patterns of sex-based treatment across a workforce. Glass ceiling patterns limiting women's advancement, sex-segregated job assignments, and compensation disparities all provide evidence of institutionalized discrimination even without proof of specific discriminatory decisions.
Remedies and Damages
Sex discrimination plaintiffs may recover back pay, front pay, compensatory damages for emotional distress, and punitive damages for intentional discrimination. The Equal Pay Act provides additional remedies specifically for sex-based pay discrimination, including liquidated damages. Successful plaintiffs typically recover attorney's fees, enabling pursuit of claims regardless of individual damages amounts.