When sex discrimination affects the “terms or conditions of employment,” it is illegal. “Terms or conditions of employment” include position, pay, title, being hired or fired from a job, and advancement and training opportunities.

Most sex discrimination claims are brought under Title VII, a federal law that prohibits discrimination in employment based on race, sex, religion, color, and national origin.

Title VII protects employees from three types of sex discrimination: 

1. Disparate Treatment: Treating applicants or employees differently because of their sex.

Example: Wal-Mart Stores relegates women to lower paying jobs and systematically denies them advancement opportunities solely based on their gender.  ERA and its co-counsels have filed suit against Wal-Mart charging the employer with discriminating against its female employees in promotions, compensation and job assignments.

2. Disparate Impact: Having a facially neutral employment policy or practice that has a disproportionate adverse impact on women.

Example: Allstate Insurance Company had a practice of setting salaries based on previous job earnings. This facially neutral practice resulted in female employees being paid less than men for the same work.  ERA filed an action against All-State Insurance Company, Kouba v. Allstate Insurance Company, which resulted in a settlement for 3,400 class members. 

3. Sexual Harassment: Sexual harassment is also a form of sex discrimination. Click here for more information about sexual harassment.