What is sex discrimination?

Gender discrimination, also known as sexism, refers to prejudice or discrimination

based on sex and/or gender, as well as conditions or attitudes that foster
stereotypes of social roles based on gender. Sexist mindsets are frequently based
on beliefs in traditional stereotypes of gender roles, and are thus built into many
societal institutions.
Although men can experience sex discrimination, women are more likely to be
discriminated against because of their sex. This is because women are more likely
to care for children or other family members and because they may become
pregnant or need to breastfeed a child.
Examples of sex discrimination
Barbara applies to a bus company for a job as a bus driver. She was a transport
driver in the RAAF and has plenty of experience. When the employer gives her the
job he says he doubts that she will be able to hack the pace and that she will be
paid less than the men until she proves herself.
Mike sees an advertisement for a job as a sales representative for a cosmetics
company. When he telephones to express his interest, the personnel manager
says: sorry, we dont have any male reps and we like to keep it that way.
Different types of sex discrimination
There are four main types of sex discrimination.
Direct discrimination
This happens when, because of your sex, someone treats you worse than
someone of the opposite sex who is in a similar situation.

For example, a nightclub offers free entry to women but charges men to get
in.

Indirect discrimination
Indirect discrimination happens when an organization has a particular policy or way
of working that applies in the same way to both sexes but which puts you at a
disadvantage because of your sex.

For example, an employer decides to change shift patterns for staff so that
they finish at 5 pm instead of 3pm. Female employees with caring

responsibilities could be at a disadvantage if the new shift pattern means

they cannot collect their children from school or childcare.
Indirect sex discrimination can be permitted if the organization or employer is able
to show that there is a good reason for the policy. This is known as objective
justification.
Sexual harassment
Sexual harassment is unwelcome sexual behavior, which could be expected to
make a person feel offended, humiliated or intimidated. Sexual harassment can be
physical, verbal or written. It can include:

comments about a persons private life or the way they look

sexually suggestive behaviour, such as leering or staring

brushing up against someone, touching, fondling or hugging

sexually suggestive comments or jokes

displaying offensive screen savers, photos, calendars or objects

repeated requests to go out

requests for sex

sexually explicit emails, text messages or posts on social networking sites.

A single incident is enough to constitute sexual harassment it doesnt have to be

repeated.
Examples of sexual harassment
Martin works for a youth service and his role has access to staff personal
information. Martin finds the contact details for Kathy, another staff member, and
calls her to ask her out. Kathy refuses but Martin continues to text and email her
suggesting she go out with him.
Katie is a volunteer worker with a home care agency. One day when she is visiting
John, a client, he starts stroking her arm and telling her how pretty she is. Katie
asks him to stop but he pulls her onto his lap and tries to kiss her.
Victimization
This is when you are treated badly because you have made a complaint of sex
related discrimination under the Equality Act. It can also occur if you are supporting
someone who has made a complaint of sex discrimination.

For example, a male colleague is helping a female co-worker with their

claim of sex discrimination and makes a statement at an Employment
Tribunal. The male colleague is then sacked or treated badly by their
employer. This is victimization because of sex.

GENDER STEREOTYPES
Gender stereotypes are widely held beliefs about the characteristics and behavior
of women and men. Many of the stereotypes that result in gender discrimination
are not only descriptive, but also prescriptive beliefs about how men and women
"should" behave. For example, women who are considered to be too assertive or
men who lack physical strength are often criticized and historically faced societal
backlash. They can also facilitate or impede intellectual performance, such as
the stereotype threat that lower women's performance on mathematics tests, due
to the stereotype that women have inferior quantitative skills compared to men's, or
when the same stereotype leads men to assess their own task ability higher than
women performing at the same level.
Variations by country or culture

Gender inequality is a result of the persistent discrimination of one group of people

based upon gender and it manifests itself differently according to race, culture,
politics, country, and economic situation. It is furthermore considered a causal
factor of violence against women. While gender discrimination happens to both
men and women in individual situations, discrimination against women is an
entrenched, global pandemic. In the Democratic Republic of the Congo, rape and
violence against women and girls is used as a tool of war. In Afghanistan, girls
have had acid thrown in their faces for attending school. Considerable focus has
been given to the issue of gender inequality at the international level by

organizations such as the United Nations (UN), the Organization for Economic Cooperation and Development (OECD), and the World Bank, particularly in
developing countries. The causes and effects of gender inequality vary
geographically, as do methods for combating it.
Which federal law covers sex or gender discrimination?
UNFP aims to respond to the needs of the most marginalized and vulnerable
including adolescent girls, people living with disabilities, indigenous peoples,
migrants, women refugees, female heads of households and those living in
extreme poverty. In 2013, UNFPA supported gender equality-related legislation,
policy reform and development in more than 40 countries.
In the U.S, Title VII of the Civil Rights Act of 1964 is a federal law that protects
individuals from discrimination based upon sex. This law makes it illegal for an
employer to discriminate against individuals in hiring, firing, and other terms and
conditions of employment, such as promotions, raises, and other job opportunities
because of their sex.
What is the difference between sex discrimination and gender identity
discrimination?
The phrase gender identity refers to one's self-identification as a man or a
woman, as opposed to one's anatomical sex at birth. Usually, one's gender identity
matches one's anatomical sex: people born with the physical characteristics of
males usually identify as men and those with physical characteristics of females
identify as women. However, for some people, gender identity does not always
align with one's anatomical sex. Thus, for transsexual people, gender identity and
anatomical sex are not in agreement. Someone born male may have a strong
internal self-image and self-identification as a woman, or someone born female
may have a strong internal self-image and self-identification as a man. Some
transsexual people seek medical treatment in the form of hormone therapy or
surgery to correct their physical sex to agree with their gender identity. The term
transgender is an umbrella term to describe anyone who in one or more ways
does not conform to gendered stereotypes of gender identity and/or gender
expression. Transgendered people can face serious discrimination in the

workplace, generally because of a failure to conform to traditional sex stereotypes

or gender roles. A good example of this is Caitlyn Jenner. Formerly known as
Bruce Jenner, a retired Olympic Athlete, Caitlyn recently came out about her
internal self-identification as a woman, which conflicted with her anatomical
physical characteristics of a male.
In some recent court decisions, courts have concluded that transsexual
persons are protected from discrimination under Title VII and other sex
discrimination statutes, based upon a more recent U.S. Supreme Court case that
considers discrimination based on gender stereotyping to be sex discrimination
which is illegal under Title VII.