Sex discrimination involves treating someone unfavorably because of that person’s sex or gender identity.
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. Title IX obligations extend to: recruitment, admissions, counseling, financial assistance, athletics, sex-based harassment, treatment of pregnant and parenting students, discipline, single-sex education, and employment. Title IX protects any person from sex-based discrimination, regardless of their real or perceived sex, gender identity, and/or gender expression. Female, male, and gender non-conforming students, faculty, and staff are protected from any sex-based discrimination, harassment or violence. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX.
Title VII of the Civil Rights Act of 1964 forbids discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Sex discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex.
Discrimination against an individual because that person is transgender, lesbian, gay, or bisexual constitutes discrimination because of sex in violation of Title VII. Individuals may bring sex discrimination claims based on adverse actions taken because of the person’s non-conformance with sex-stereotypes.
It is unlawful to harass a person because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. A harasser can be an immediate supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the University, such as a client or customer.
In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, the Equal Pay Act of 1963 requires equal payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.
The Office for Civil Rights enforces Title IX and the Equal Employment Opportunity Commission enforces Title VII.