Understanding Sex Discrimination

Definitions and Civil Rights

Sex discrimination is defined as the unfavorable or inequitable treatment of someone based on their sex. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, along with race, color, religion, and national origin. The scope of the sex-based protections have expanded over time to include people who don’t conform to traditional gender roles and transgender individual’s right to dress in accordance with their true gender. 

Other important laws that address sex discrimination include the Equal Pay Act, Title IX of the Education Amendments, and the Fair Housing Act. These laws cover different aspects of life where discrimination can occur.

State laws may provide additional protections beyond federal standards. For example, in 2025 Colorado enacted HB25-1309, which, “codifies gender-affirming health care treatments in statute and prohibits a health benefit plan from denying or limiting medically necessary gender-affirming health care, as determined and prescribed by a physical or behavioral health-care provider.”

Forms of Discrimination and Harassment

Sex discrimination can take many forms in daily life:

• Direct discrimination: Someone treats another person less favorably because of their sex, like an employer promoting an under qualified man over a qualified woman. 

• Indirect discrimination: Policies that seem neutral but disadvantage one sex, like a job with a minimum height requirement. Although a height requirement doesn't explicitly exclude women, only hiring people who are, say, over 6 feet tall will bar a majority of women from entry.

• Sexual harassment: Unwelcome sexual advances or conduct of a sexual nature.

• Pregnancy discrimination: Treating employees unfavorably due to pregnancy or childbirth. This can extend to employees who aren’t pregnant, yet, due to the possibility that they could get pregnant, have promotions withheld. 

Sexual harassment is a particularly odious type of gender discrimination. It includes quid pro quo harassment, when job benefits are tied to sexual favors, and hostile work environments, where harassment is so prevalent that the victim’s workplace becomes a physically and/or psychologically unsafe environment. 

Pay discrimination, another major form of sex discrimination, remains prevalent, with women earning less than men in many fields. The gender pay gap is wider for women of color, showing how sex discrimination can intersect with other forms of bias.

Sex Stereotyping and Gender Norms

Sex stereotyping occurs when assumptions about how people "should" behave based on their sex affect treatment or opportunities. These stereotypes often reinforce traditional gender norms. The assumption that women are less committed to careers after having children, the expectation that men avoid certain professions like nursing or childcare, and the penalization of women for assertive behavior that would be praised in men are all forms of detrimental sex stereotyping. 

Research shows that sex stereotypes begin affecting children at early ages. These biases can limit career choices and personal development across a lifetime. Breaking down these stereotypes requires awareness and proactive efforts to judge people on their individual merits rather than preconceived notions about their sex.

Sex Discrimination in Education and the Workplace