Sex discrimination involves treating someone (a job applicant or employee) unfavorably because of that person's sex. Sex discrimination is a form of employment discrimination that violates federal law—including Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e).
In addition to these federal laws, states also have laws against sex discrimination in employment. These state laws are generally located in a state’s statutes—often in the labor code or employment-related statutes.
Discrimination against an individual because of gender identity—including transgender status or sexual orientation—is discrimination because of sex in violation of Title VII.
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.
For the regulations related to sex discrimination, see the Code of Federal Regulations, beginning with 29 CFR 1604.1.
In New Jersey, sex discrimination in employment is prohibited under both federal and state laws. Federally, Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate based on sex in any aspect of employment, which includes hiring, firing, pay, promotions, and other terms of employment. This federal protection extends to gender identity and sexual orientation. At the state level, the New Jersey Law Against Discrimination (NJLAD) also prohibits discrimination in employment on the basis of sex, sexual orientation, gender identity, and gender expression, among other protected characteristics. NJLAD is one of the most comprehensive anti-discrimination laws in the country and provides protections that are often broader than those available under federal law. Employers in New Jersey must comply with both sets of laws and ensure that their employment practices do not discriminate based on sex or related characteristics. Violations of these laws can lead to legal consequences, including damages and penalties. For specific regulations on sex discrimination, one can refer to the New Jersey Statutes as well as the Code of Federal Regulations, starting with 29 CFR 1604.1.