Q&A

Can an employer discriminate based on gender?

Can an employer discriminate based on gender?

Employers can’t discriminate based on gender. Gender discrimination includes discrimination based on pregnancy, childbirth, or related medical conditions.

Can private companies discriminate based on sex?

Under federal employment discrimination law, employers generally cannot discriminate against employees on the basis of race, sex (including sexual orientation and gender identity), pregnancy, religion, national origin, disability (physical or mental, including status), age (for workers over 40), military service or …

What Act forbids discrimination on the basis of sex?

Title VII of the Civil Rights Act
Title VII of the Civil Rights Act prohibits an employer from treating you differently, or less favorably, because of your sex, which is defined to include pregnancy, sexual orientation, and gender identity.

Is there a law against pay discrimination based on sex?

Pay discrimination based on an employee’s membership in a protected category like race, disability, or sex, is prohibited by anti-discrimination laws. Relevant laws include Title VII, the ADA and ADEA, state anti-discrimination laws, and the Equal Pay Act which specifically addresses pay discrimination based on sex.

Can a employer discriminate on the basis of gender?

Gender discrimination includes discrimination based on pregnancy, childbirth, or related medical conditions. Employers can’t discriminate based on sex or gender, unless a permissible defense applies.

When does pay discrimination occur in the workplace?

Pay discrimination also occurs when a difference in pay has an unlawful basis such as race or sex. Pay discrimination based on an employee’s membership in a protected category like race, disability, or sex, is prohibited by anti-discrimination laws.

Are there other forms of discrimination on the basis of sex?

As noted throughout this page, there are other forms of discrimination on the basis of sex that are not sexual harassment, such as discrimination in hiring, firing, promotions or benefits, pay discrimination, and gender stereotyping.