What Laws Protect Against Sex Discrimination?

Laws at the federal and state levels prohibit sex discrimination in a wide range of contexts. To discriminate is to treat someone unfairly or unequally compared to others because of particular characteristics they have.

This article introduces the major federal laws that prohibit discrimination on the basis of sex and points the way to getting legal help if you’ve experienced discrimination in the workplace or other settings. Visit the Super Lawyers directory to find an attorney experienced in discrimination law in your area.

Understanding Sex Discrimination

Sex discrimination is treating someone less favorably because of their sex. As clarified by federal statutes and case law from the Supreme Court and lower federal courts, it includes discrimination based on a person’s:

• Sexual orientation;
• Gender identity and expression; and
• Pregnancy or pregnancy-related medical conditions.

Employers cannot treat employees unfairly based on sex stereotypes about how men or women should behave or the sort of roles they can have. Prohibitions against employment discrimination apply to all employment practices and job-related decisions, including:

• Job applicant interviews;
• Hiring and conditions of employment;
• Promotion, demotion, or transfers;
• Granting or withholding privileges of employment; and
• Termination.

Nina T. Pirrotti, a discrimination and employment law attorney at Garrison, Levin-Epstein, Fitzgerald & Pirrotti in New Haven, Connecticut, says that in her experience, there are many misconceptions about what is legally protected and what is not. “Employment law has many requirements that you have to meet in order for discriminatory conduct to be actionable in a lawsuit,” she says. “Even if the conduct is wrong or poor business judgment, it may not rise to the level of actionable conduct. The flip side of this is that sometimes, people don’t realize they’re being subjected to a hostile environment.”

Sexual Harassment Is a Type of Sex Discrimination

Sexual harassment is a type of sex discrimination. It is any unwelcome sexual advance from a co-worker or supervisor and may include unwanted sexual contact, requesting sexual favors, making sexualized remarks or jokes, or disparaging comments about a person’s gender.

Pirrotti explains that sexual harassment may be severe (a one-time act) or pervasive (occurring over an extended period).

“An example of a severe act would be grabbing a woman’s genitalia or breast. That single action would be severe in and of itself. However, if the sexual harassment is not severe, it could still be pervasive, meaning it’s day-in-day-out, or happens with a regularity or frequency that it creates a hostile work environment,” she says.

“The classic hostile work environment case would involve a woman who works in an office where, every day, she’s subjected to sexual innuendo and jokes—or, even worse, touched inappropriately or propositioned. If that happens, and it rises to the level of what the law calls severe or pervasive, that employee would have a sexual harassment claim.”

Employment law has many requirements that you have to meet in order for discriminatory conduct to be actionable in a lawsuit. Even if the conduct is wrong or poor business judgment, it may not rise to the level of actionable conduct. The flip side of this is that sometimes, people don’t realize they’re being subjected to a hostile environment.

Key Laws Protecting Against Sex Discrimination

Federal laws are critical to protecting Americans from sex discrimination. Key laws in this regard include:

• Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on sex. It applies to employers with 15 or more employees.
• Title IX of the Education Amendments of 1972 prohibits sex discrimination in the context of education programs or activities that receive any federal funding, including public and private schools.
• The Equal Pay Act prohibits wage and benefits discrimination against employees because of their sex when they perform substantially equal work in the same context.
• The Pregnancy Discrimination Act prohibits discrimination based on past, current, or potential pregnancy, plus medical conditions related to pregnancy.
• The Equal Credit Opportunity Act prohibits sex-based discrimination against credit applicants.
• The Fair Housing Act prohibits discrimination based on sex in renting, selling, and financing.
• Section 1557 of the Affordable Care Act (ACA) prohibits discrimination based on sex (and other protected classes) in covered health programs and insurers who receive federal financial assistance through the U.S. Department of Health and Human Services (HHS).

Enforcement of Sex Discrimination Laws

Several federal government agencies enforce sex discrimination laws. The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act and the Equal Pay Act. The EEOC handles employment discrimination complaints.

Other federal agencies are involved in enforcing anti-discrimination laws arising from different contexts. For example, the HHS Office for Civil Rights (OCR) enforces anti-discrimination laws in healthcare. The U.S. Department of Labor (DOL) Civil Rights Center enforces sex discrimination within the DOL and for programs receiving federal financial assistance.

The U.S. Department of Justice is charged with coordinating and implementing federal nondiscrimination laws protecting people against discrimination based on sex in a range of federally funded programs and activities under Executive Order No. 12250.

While federal law sets the minimum baseline of legal protection, states can provide more robust legal protections against different types of discrimination. Depending on the statute under which you bring a sex discrimination claim and whether the statute is federal or state-level, you may have to file a complaint with the relevant governmental agency before you can sue your employer for discrimination.

How To Address Sex Discrimination

No one should have to deal with sex discrimination. If you find yourself impacted by sex discrimination, you can take the following actions to address it:

• Check your employer’s policies to determine whether they have a complaint process. If so, follow the procedures outlined in the policies.
• If your employer does not have a complaint procedure, report the unwelcome behavior to your human resources department.
• If you do not receive a resolution, contact the EEOC or your state or local agency with similar authority.

In some cases, legal action might be your only option. It’s critical to speak with an attorney experienced in discrimination.

Find an Experienced Discrimination Law Attorney

If you have experienced discrimination in your workplace or other contexts, consider speaking with an attorney about your legal options under federal or state law. An attorney can assess your situation for legal claims and help you navigate the early phases of documenting and reporting sex discrimination.

To begin your search for an experienced attorney in your area, visit the Super Lawyers directory of discrimination law attorneys.