Is There a Difference Between Sex and Gender Discrimination?

Employers are prohibited from discriminating against employees on the basis of sex and gender under laws specifically designed to protect workers against this type of treatment. However, when job applicants or employees face discrimination that seems to them like sex or gender discrimination, they may be confused about whether there is a distinction between the two and what these categories actually cover. In short, although state and federal laws only explicitly name a prohibition against sex discrimination (and do not use the word gender in the statutory text), employees should anticipate protections against sex and gender discrimination in the workplace. And, quite often, these terms are interchangeable in a legal context. Our Palm Beach Gardens employment discrimination attorneys can explain.

Explicit Prohibitions Against Sex Discrimination in State and Federal Law 

Under both state and federal law, there are explicit prohibitions against sex discrimination.

The Florida Civil Rights Act (FCRA) contains a prohibition against “discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.” Similarly, Title VII of the Civil Rights Act of 1964 explicitly “prohibits employment discrimination based on race, color, religion, sex and national origin.” As you can see, the FCRA language largely mirrors that in Title VII, in terms of identifying protected classes.

Since the passage of Title VII, the prohibition against sex discrimination has been expanded to explicitly include a prohibition against pregnancy discrimination through the Pregnancy Discrimination Act of 1978. Yet where does the law address gender discrimination, and how does gender come into these legal protections?

Understanding Gender Discrimination and EEOC Guidance on Sex Discrimination 

Gender discrimination refers to a situation in which a job applicant or employee is treated unfairly or unequally on the basis of their gender. In some cases where gender discrimination is alleged, the person is referring to sex discrimination — they are being treated unfairly because they are female, or a woman. In other circumstances, the term gender discrimination may be used to refer to discrimination on the basis of a person’s gender identity, which may be different from the person’s assigned sex at birth.

The US Equal Employment Opportunity Commission (EEOC), which handles claims made under Title VII, makes clear that sex discrimination should be understood to include gender discrimination and explicitly identifies “sexual orientation and gender identity” as part of the protections through Title VII’s prohibition against sex discrimination.

Contact Our Palm Beach Gardens Sex and Gender Discrimination Lawyer 

Any employee in South Florida who has experienced workplace conditions that could rise to the level of unlawful sex or gender discrimination — or any other form of unlawful discrimination — should seek advice from a lawyer as soon as possible. One of the experienced Palm Beach Gardens sex and gender discrimination attorneys at Sconzo Law Office can talk with you today about the circumstances in which you were subject to discrimination, and we can discuss your options for seeking a remedy. Given that there are various forms of sex and gender discrimination, it is important to have an attorney assess your case and help you to understand your legal options. Contact us today to learn more about how we can assist you.

Source:

eeoc.gov/youth/sex-discrimination#:~:text=Everyone%2C%20regardless%20of%20gender%2C%20is,work%20at%20the%20same%20workplace