What is Sex-Based Discrimination? Definition & Examples
Sex-based discrimination is unlawful under both federal and state laws. Title VII of the 1964 Civil Rights Act prohibits employers from discriminating against individuals based on sex, sexual orientation, gender identity, or pregnancy status.
In California, the Fair Employment and Housing Act (FEHA) extends these protections to employers with 5 or more employees, as well as all public and private employers, labor organizations, and employment agencies.
What Constitutes Sex-Based Discrimination?
Under California Code Regulations, Title 2, Section 1130, the term “sex” is defined broadly and includes pregnancy, childbirth, medical conditions related to pregnancy or breastfeeding, gender, gender identity, and gender expression.
Sex-based discrimination can occur at any stage of employment, from hiring to termination, and includes unfair treatment in job assignments, promotions, pay, or benefit eligibility.
Examples of Sex-Based Discrimination
Sex-based discrimination may manifest in various ways, such as:
- Disqualifying a woman for a promotion because of her gender.
- Not hiring a man for a receptionist role due to his gender.
- Pay disparities where compensation is based on the employee’s sex.
- Offensive comments or behavior directed at an employee based on their gender.
What Are the Legal Protections Against Sex-Based Discrimination?
Any form of harassment or retaliation due to an employee’s sex is considered sex-based discrimination. This includes quid pro quo harassment and offensive remarks about an employee’s gender. Employers are prohibited from discriminating against employees or job applicants based on sex, and the law provides remedies for violations of these protections.
What Steps Should You Take If You Face Sex-Based Discrimination?
If an employee experiences sex-based discrimination, the first step is to file a claim with either the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Seeking guidance from an experienced employment law attorney can help you navigate the claim process and understand your legal options.
At TONG LAW, our experienced attorneys are committed to protecting your rights in the workplace and will guide you through the legal process to ensure your rights are upheld.
Author Bio
Vincent Tong is the CEO and Managing Partner of TONG LAW, a business and employment law firm located in Oakland, CA. Vincent is a fierce advocate for employees facing discrimination and wrongful termination. With several successful jury trial victories and favorable settlements, he has earned a strong reputation for delivering exceptional results for his clients.
In addition, Vincent provides invaluable counsel to businesses, guiding them on critical matters such as formation and governance, regulatory compliance, and protection of intellectual property assets. His depth of experience allows him to anticipate risks, devise strategies to avoid legal pitfalls, and empower clients to pursue their goals confidently.
Vincent currently serves as the 2021 President of the Board of Directors for the Alameda County Bar Association and sits on the Executive Board for the California Employment Lawyers Association. Recognized for outstanding skills and client dedication, he has consecutively earned the Super Lawyers’ Rising Star honor since 2015, reserved for the top 2.5% of attorneys. He also received the Distinguished Service Award for New Attorney from the Alameda County Bar Association in 2016. He is licensed to practice before all California state courts and the United States District Court for the Northern and Central Districts of California.