Aimed to prohibit discrimination against protected classes, groups, or characteristics of people, anti-discrimination or non-discrimination laws comprise some of the most important laws in the field of employment. Generally, private employers are prohibited by federal employment anti-discrimination laws from discriminating against individuals under their employment based on protected attributes, categories, and characteristics that include but are not limited to race/color, citizenship status, national origin, age, and sex. In addition, although a good number of them expand and mirror protections and provisions of many federal laws, various states have enacted, passed, and implemented their own anti-discrimination laws.

With respect to specific protected attribute(s), we have, in this blog, analyzed key provisions, statutes, and protections of federal employment anti-discrimination laws and compared them with their counterparts under New York state laws. Specifically, in relation to the protections and provisions provided under various local, state, and federal employment anti-discrimination laws, sex is the protected characteristic/category discussed herein. Other protected attributes, categories, classes, and characteristics will be discussed in upcoming blogs.

It is crucial to note that while laws, such as the Family and Medical Leave Act and Fair Labor Standards Act, which aim to create protections or benefits for employees other than protections against discrimination, have not been included in the analysis, only those statutes and laws that seek to prohibit discrimination have been included in the analysis and comparison.

Another key thing to note is that while the information provided only applies to private employers, several laws aimed at prohibiting retaliation against employees covered by different protections and provisions of various local, state, and federal laws have also been included in the analysis and comparison.

It is also important to note that for the purposes of record, the information provided herein was current as of February 10, 2022.

Key Statutes & Protections Against Employment Discrimination Based on Sex

Federal Laws

  1. Title VII – As mentioned in the past few blogs on key provisions in federal and state anti-discrimination laws, Title VII is a comprehensive federal law and provision of the Civil Rights Act of 1964 that protects Americans from discrimination based on many attributes, categories, and classes, such as an individual’s “sex.” However, sex is a broad attribute and includes several other sex-related features and issues. For instance, pursuant to 42 U.S.C. §§ 2000e(k), 2000e- 2(a)(1), the definition of “sex” under Title VII includes (1) gender identity, (2) sexual orientation, and (3) childbirth, pregnancy, and other related medical conditions.
  2. Equal Pay Act (EPA) – Pursuant to 29 U.S.C. § 206(d), it is also a violation of the EPA for an employer to discriminate against an employee or job applicant based on their sex, including other attributes mentioned above.

New York Laws

  1. New York Equal Pay Act (NYEPA) – Pursuant to Y. Lab. Law § 194, the NYEPA, like its federal synchronous, protects New York employees or job applicants from being discriminated against based on their sex.
  2. New York State Human Rights Law (NYSHRL) – Similarly, this state law also protects individuals against discrimination based on their sex pursuant to Y. Exec. Law § 296, where gender expression and gender identity comprise sex-related attributes that are explicitly protected by the law. Further, as codified under N.Y. Exec. Law § 292(27), the NYSHRL defines “sexual orientation” as implying and including all aspects of asexuality, bisexuality, homosexuality, or heterosexuality, whether perceived or actual.

As usual, in case you need further clarification regarding the information shared in this blog post, we, the authoritative force in Employment & Labor Law, serving as primary counsel or cumis counsel and providing diverse legal services in both a traditional and online, web-based environment, whether it be for small or large-scale businesses on a panel or a case-by-case basis, are just a call or email away!

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Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.