Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII.

It is unlawful for an employer to treat employees differently or discriminate against them on the basis of sex or gender. Federal and state laws prohibit employment discrimination based on sex including treating male or female employees differently with respect to hiring, firing, tenure, promotion, pay, benefits, terms, conditions, facilities, privileges of employment and job classification. Sexual harassment is also a form of sex discrimination.