Gender

Under Title VII of the Civil Rights Act of 1964, it is illegal to discriminate in the workplace or hiring process against candidates based on gender. Sex discrimination may involve the barring of certain individuals from candidacy based on their respective gender. Sex discrimination may also involve the mistreatment or harassment of individuals in the workplace based on gender. It is important to distinguish between Sex Discrimination Harassment and Sexual Harassment in the workplace - both are different charges with different consequences and causes of action.

Title VII prohibits an employer from setting hiring standards which discriminate based on gender for those aspects not deemed "mission-critical". In cases where a job may deem gender discrimination "mission critical", it is likely that the practice will come under heavy criticism regardless of legality. For example, the United States Armed Forces in conjunction with Congress have established the protocol that women may not serve in active combat positions. This includes combat pilots, general infantry and other at-risk positions such as Controlled Demolitions. The rationale behind this under Title VII is that being male is "mission critical" to combat/at-risk operations, and thus is a justifiable form of workplace discrimination. Though there are a large amount of activists as well as female members of the United States Armed Forces who wish to participate in combat operations and attest that they meet the physical task requirements of a male soldier, the protocol stands today.

In other fields of employment, however, the practice of gender discrimination is prohibited by law. For example, if the practice of gender discrimination is not found to be mission critical to the position, then the employer may be liable. In an office environment, where no legal or ethical claim can be made for the necessity of a gender requirement, those who would seek employment are protected under title VII and able to seek legal remedy should they be denied employment.

The practice of Sex Discrimination Harassment is an important difference from sexual harassment. Sexual harassment involves unwanted sexual advances or attention in the workplace, while Sex Discrimination Harassment is not sexual in nature. Sex discrimination harassment is the nonsexual mistreatment of co-workers or employees based on gender. Should the degree of Sex Discrimination Harassment rise to a level that makes the work environment dysfunctional and unproductive, the recipient may claim unlawful termination in addition to a gender discrimination charge.