{"id":357707,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/employment-discrimination\/sex-gender-discrimination-overview.html"},"modified":"2025-04-23T15:30:11","modified_gmt":"2025-04-23T20:30:11","slug":"sex-gender-discrimination-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/employment-discrimination\/sex-gender-discrimination-overview.html","title":{"rendered":"Sex Discrimination vs. Gender Discrimination: Are They Different?"},"content":{"rendered":"\n
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Sex Discrimination vs. Gender Discrimination: Are They Different? <\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Sex discrimination and gender discrimination have distinct definitions in employment law. Sex discrimination refers to unfair treatment based on biological sex, encompassing issues like sexual orientation, pregnancy, and sexual harassment. Gender discrimination targets individuals’ gender identity or expression, affecting those who don’t conform to traditional gender roles or whose gender identity differs from their biological sex. Both are illegal in most employment situations. <\/p>\n\n <\/div>\n\n

We often hear the terms \u201csex discrimination\u201d and \u201cgender discrimination\u201d used interchangeably. But are they actually the same? The answer generally depends on how the phrases are being used.<\/p>\r\n

In this article, we\u2019ll explore sex and gender discrimination<\/a> in the context of employment law to better understand these concepts as well as their distinctions. We\u2019ll also review the legal principles involved.<\/p>\r\n

If you suspect you\u2019re experiencing employment discrimination of any kind, consider speaking with a qualified employment attorney<\/a> who can help you determine the best way to proceed.<\/p>\r\n

Let\u2019s begin by breaking down these concepts.<\/p>\r\n

Sex vs. Gender<\/h2>\r\n

To appreciate the difference between sex discrimination and gender discrimination<\/a>, we\u2019ll want to first take a look at \u201csex\u201d and \u201cgender\u201d on their own.<\/p>\r\n

Sex<\/h3>\r\n

Sex generally refers to the biological sex a person is assigned at birth. It\u2019s usually categorized as male or female and is based on characteristics like chromosomes, hormones, and reproductive organs.<\/p>\r\n

Gender<\/h3>\r\n

Gender, on the other hand, is more about expression related to social and cultural roles, behaviors, and identities. It relates to how someone feels and expresses themselves, which can be different from their biological sex.<\/p>\r\n

Gender categories tend to be more diverse, too. They include male and female because many people identify as such. But others may feel they\u2019re both, neither, or somewhere in between. As a result, gender also includes identities like transgender <\/a>and non-binary.<\/p>\r\n

So, in short, sex is about biology, and gender is about identity and expression. But what about discrimination?<\/p>\r\n

Discrimination<\/h2>\r\n

Discrimination <\/a>is when someone is treated unfairly because of certain personal characteristics. Depending on the laws involved, these may include:<\/p>\r\n