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 York, sex discrimination in employment is prohibited under both federal and state law. 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, promotions, and other terms of employment. Additionally, discrimination on the basis of gender identity or sexual orientation is also recognized as a form of sex discrimination under Title VII. At the state level, New York State Human Rights Law (Executive Law, Article 15, Section 296) also prohibits sex discrimination in employment, offering similar protections and including gender identity and sexual orientation as protected characteristics. Employers in New York are bound by these laws and must ensure that their employment practices do not discriminate on the basis of sex. For more detailed regulations, one can refer to the Code of Federal Regulations, starting with 29 CFR 1604.1, which outlines guidelines for employment practices to prevent sex discrimination.