Sex-based discrimination can be defined as treating a person (either an employee or an applicant) unfairly due to their sex, their affiliation to certain organizations or groups, or their gender identification. Any sex-based discrimination is deemed forbidden and is considered a violation of Title VII or the Gender Identity Discrimination. This allows gay, lesbian, and bisexual people to file for sex discrimination claims.
Title VII is a federal law enforced by the EEOC (Equal Employment Opportunity Commission) making it unlawful to discriminate against a person due to their race, religion, color, sex (including pregnancy), disability or genetic information, or age (40 years old or older). This also protects the employees from employers’ retaliation when they have opposed discriminating workplace practices – e.g. reporting incidents of sexual harassment or joining a rally group – or when the employee have filed claims or charges against the employer that prompted an investigation by the EEOC.
Aside from the federal laws protecting employees from sexual-based discrimination, each state can have their own human rights laws that can further protect their employees. Having the world’s most diverse population, New York also has a lot of cases involving sexual-based discrimination. According to the website of Cary Kane LLP, the state and city of New York has supported many laws that protect the LGBTQ community, but the battle for equality is still ongoing, since the state only has partial support for employment discrimination.
The state of Texas, however, still have issues with workplace discrimination, as reported on the website of The Melton Law Firm. Although the state of Texas does not prohibit employment discrimination based on gender identity and sexual orientation, workplace discrimination is still something that is deemed illegal. Employees are urged to report any forms of discrimination that they experience or see. Both employers and employees should understand that a company’s policy or practice that causes negative impact to anyone’s employment that is not job-related or a necessary part of the employment can be considered illegal.