Sex Discrimination
Sex Discrimination at Work: Know Your Rights
If you believe you’ve been treated unfairly at work because of your sex, gender, sexual orientation, or gender identity, you may have a legal claim — and as of a landmark 2020 Supreme Court decision, all of these are legally understood as forms of sex discrimination under federal law. The right path forward depends on where you work and who you work for. For a general overview of how DC, Maryland, and federal employment law differ, see our Employment Discrimination overview. This page covers what’s specifically distinctive about sex discrimination claims, including sexual orientation and gender identity.
What Is Sex Discrimination?
Sex discrimination happens when an employer treats you unfairly because of your sex. This can include:
- Being passed over for hiring, promotion, or a raise because of your sex
- Unequal pay for substantially similar work
- Sexual harassment or a hostile work environment
- Discrimination based on sex stereotypes — for example, being treated poorly for not conforming to expectations about how someone of your sex should look, dress, or act
- Retaliation against an employee who reports sex discrimination or harassment
Sexual Orientation and Gender Identity Are Sex Discrimination — At the Federal Level
This is a federal rule, and it doesn’t necessarily carry over to state law. DC and Maryland both protect sexual orientation and gender identity — but as their own separate, explicitly listed protected traits, not as something legally folded into “sex” discrimination. This distinction matters: Maryland’s own Supreme Court ruled in 2023 (Doe v. Catholic Relief Services) that Maryland’s state-law definition of “sex” does not include sexual orientation, even though sexual orientation is separately and explicitly protected under Maryland law. The practical effect for most workers is limited, since the protection exists either way — but which legal theory applies can matter for specific claims, particularly under laws that only mention “sex” and not sexual orientation by name.
Worth knowing: DC protected sexual orientation from its very first enactment of the Human Rights Act in 1977, and added gender identity or expression as its own protected trait in 2006. Maryland added sexual orientation in 2001 and gender identity in 2014. Both jurisdictions were protecting LGBTQ+ workers under their own laws years, and in DC’s case decades, before Bostock extended federal protection. See the jurisdiction-specific pages below for details.
Federal Protection: Title VII and the Equal Pay Act
Title VII of the Civil Rights Act of 1964 is the core federal law prohibiting sex discrimination. It applies to employers with 15 or more employees and covers hiring, firing, pay, promotions, harassment, and retaliation. Title VII allows compensatory and punitive damages, subject to a cap generally ranging from $50,000 to $300,000 depending on employer size.
Separately, the Equal Pay Act of 1963 requires equal pay for substantially equal work performed under similar conditions, regardless of sex — and unlike Title VII, it applies to employers of any size and doesn’t require proving intentional discrimination.
Which Laws Apply to You?
Sex discrimination protections vary by jurisdiction. Select the situation that matches yours:
I work for a private employer or local government in Washington, DC.
I work for a private employer or local government in Maryland.
Maryland has its own state law protections, filing process, and deadlines, and has separately protected sexual orientation since 2001 and gender identity since 2014 — though as distinct categories from “sex” under Maryland law, not as a subset of it. Learn about sex discrimination protections in Maryland
I am a federal government employee.
Federal employees follow the federal EEO process — including a strict 45-day deadline to contact an EEO Counselor — regardless of whether you work in DC, Maryland, or elsewhere. Learn about sex discrimination protections for federal employees
What Compensation or Remedies Are Available?
While the specific process and damages differ by jurisdiction, workers who prove sex discrimination may generally be entitled to:
- Reinstatement or a comparable position
- Back pay for lost wages
- Front pay, in some cases
- Compensatory damages, including for emotional distress
- Punitive damages, in cases involving egregious or malicious conduct
- Attorney’s fees and costs
Note: Title VII caps compensatory and punitive damages by employer size, while the DCHRA does not, and the Equal Pay Act follows its own separate remedy structure. See the jurisdiction-specific pages above for details.
Talk to a Sex Discrimination Attorney
You don’t have to figure out which laws apply to you on your own. If you believe you’ve experienced sex discrimination at work — including based on sexual orientation or gender identity — in DC, Maryland, or as a federal employee, Wilkenfeld Law Office can help you understand your rights and options.
Or call 301.245.3035 · Intake@WilkenfeldLO.com