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 Mexico, 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. This includes hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and other terms or conditions of employment. Additionally, discrimination on the basis of gender identity or sexual orientation is recognized as a form of sex discrimination under Title VII. At the state level, the New Mexico Human Rights Act (NMHRA) also prohibits employment discrimination on the basis of sex, which includes pregnancy, childbirth, or related medical conditions. The NMHRA applies to employers with four or more employees and covers many of the same employment practices as Title VII. Employers in New Mexico must comply with both federal and state regulations to ensure they are not engaging in sex discrimination.