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Federal Sex Discrimination Law
Under the Civil Rights Act of 1964, employers may not discriminate against employees or potential employees based on sex.
“Sex,” as used here, refers to both the biological differences between men and women, as well as gender.
To succeed in a claim of sex discrimination, you only need to show that sex was a “substantial factor” in the employer’s decision, and by no means does it need to be the only factor. It also doesn’t matter if the employer and employee against whom the discrimination is directed are the same sex.
In cases of sex discrimination, employers accused of discrimination may raise the defense of “bona fide occupational qualification.” This means that if a person is incapable of doing a job because of their sex, this law does not apply.
For example, if an employer needs models for men’s clothing, and hires only men to be models, a woman who was denied a job as a model would not have a claim.
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