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 South Dakota, 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, which includes hiring, firing, pay, promotions, and other terms and conditions of employment. This federal protection extends to gender identity and sexual orientation. Additionally, the Equal Employment Opportunity Commission (EEOC) interprets and enforces these federal laws, with regulations detailed in 29 CFR 1604.1. At the state level, South Dakota codifies its anti-discrimination laws in the South Dakota Codified Laws (SDCL), particularly in Title 20, which deals with civil rights. While South Dakota state law may not be as expansive as federal law, it does provide additional avenues for recourse and enforcement of anti-discrimination policies. Employees in South Dakota who believe they have been discriminated against based on sex can seek remedies through both federal and state enforcement agencies.