Editing Sexism (section)

== Gender identity discrimination ==

Gender discrimination is discrimination based on actual or perceived [[gender identity]].<ref name="Feder 2013"/>{{Page needed|date=December 2021}} Gender identity is "the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth".<ref name="Feder 2013">{{cite web |author1=Feder, Jody |author2=Cynthia Brougher |name-list-style=amp |title=Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA) |date=July 15, 2013 |url=https://fas.org/sgp/crs/misc/R40934.pdf |publisher=[[Congressional Research Service]] |access-date=March 31, 2015}}</ref>{{Page needed|date=December 2021}} Gender discrimination is theoretically different from sexism.<ref>{{cite book |last=Kimmel |first=Michael S. |year=2004 |title=The Gendered Society |edition=2nd |location=New York |publisher=Oxford University Press |isbn=978-0-19-514975-3 |url=https://archive.org/details/genderedsociety00kimm_0}}</ref>{{Page needed|date=December 2021}} Whereas sexism is prejudice based on biological sex, gender discrimination specifically addresses discrimination towards gender identities, including [[third gender]], [[genderqueer]], and other [[Non-binary gender|non-binary]] identified people.<ref name="Macklem 2003">{{cite book |last=Macklem |first=Tony |year=2003 |title=Beyond Comparison: Sex and Discrimination |location=New York |publisher=[[Cambridge University Press]] |isbn=978-0-521-82682-2}}{{Page needed|date=December 2021}}</ref> It is especially attributed to how people are treated in the workplace,<ref name="Lenhart 2004">{{cite book |title=Clinical Aspects of Sexual Harassment and Gender Discrimination: Psychological Consequences and Treatment Interventions |author=Sharyn Ann Lenhart |publisher=[[Routledge]] |year=2004 |isbn=978-1-135-94131-4 |page=6 |access-date=April 20, 2018 |url=https://books.google.com/books?id=Rt2SAgAAQBAJ&pg=PA6 |quote=Gender or Sex Discrimination: This term refers to the types of gender bias that have a negative impact. The term has legal, as well as theoretical and psychological, definitions. Psychological consequences can be more readily inferred from the latter, but both definitions are of significance. Theoretically, gender discrimination has been described as (1) the unequal rewards that men and women receive in the workplace or academic environment because of their gender or sex difference (DiThomaso, 1989); (2) a process occurring in work or educational settings in which an individual is overtly or covertly limited access to an opportunity or a resource because of a sex or is given the opportunity or the resource reluctantly and may face harassment for picking it (Roeske & Pleck, 1983); or (3) both.}}{{Page needed|date=December 2021}}</ref> and banning discrimination on the basis of gender identity and expression has emerged as a subject of contention in the American legal system.<ref name="Human Rights Campaign 2015">{{cite web |url=http://www.hrc.org/laws-and-legislation/federal-legislation/employment-non-discrimination-act |title=Employment Non-Discrimination Act |website=Human Rights Campaign |date=March 9, 2015 |access-date=March 31, 2015 |archive-url=https://web.archive.org/web/20140520071809/http://www.hrc.org/laws-and-legislation/federal-legislation/employment-non-discrimination-act |archive-date=May 20, 2014}}</ref>

According to a recent report by the [[Congressional Research Service]], "although the majority of federal courts to consider the issue have concluded that discrimination on the basis of gender identity is not sex discrimination, there have been several courts that have reached the opposite conclusion".<ref name="Feder 2013"/> Hurst states that "[c]ourts often confuse sex, gender and sexual orientation, and confuse them in a way that results in denying the rights not only of gays and lesbians, but also of those who do not present themselves or act in a manner traditionally expected of their sex".<ref>{{cite book |last=Hurst |first=C. |title=Social Inequality: Forms, Causes, and Consequences |edition=Sixth |location=Boston |publisher=[[Allyn and Bacon|Pearson/Allyn and Bacon]] |year=2007 |pages=131, 139–142 |isbn=978-0-205-48436-2}}</ref>

=== Oppositional sexism ===

Oppositional sexism is a term coined by [[Transfeminism|transfeminist]] author [[Julia Serano]], who defined oppositional sexism as "the belief that male and female are rigid, mutually exclusive categories".<ref name="Serano 2007">{{Cite book |title=Whipping Girl: A Transsexual Woman on Sexism and the Scapegoating of Femininity |last=Serano |first=Julia |author-link=Julia Serano |publisher=[[Seal Press]] |year=2007 |isbn=978-0-786-74791-7 |location=Emeryville, CA}}</ref> Oppositional sexism plays a vital role in a number of [[social norm]]s, such as [[cisnormativity]] and [[heteronormativity]].

Oppositional sexism normalizes masculine expression in males and feminine expression in females while simultaneously demonizing femininity in males and masculinity in females. This concept plays a crucial role in supporting [[cissexism]], the social norm that views cisgender people as both natural and privileged as opposed to transgender people.<ref name="Pedersen 2015">{{Cite book |title=Counseling Across Cultures |publisher=SAGE Publications |year=2015 |isbn=978-1-4522-1752-9 |location=United States of America |edition=7th |editor2-first=Walter |editor-last=Pedersen |editor-first=Paul |editor2-last=Lonner |editor3-last=Draguns |editor3-first=Juris |editor4-last=Trimble |editor4-first=Joseph |editor5-last=Scharrón-del Río |editor5-first=María}}</ref>

The idea of having two, opposite genders is tied to sexuality through what [[Gender studies|gender theorist]] [[Judith Butler]] calls a "compulsory practice of heterosexuality".<ref name="Pedersen 2015" /> Because oppositional sexism is tied to heteronormativity in this way, non-heterosexuals are seen as breaking gender norms.<ref name="Pedersen 2015" />

The concept of opposite genders sets a "dangerous precedent", according to Serano, where "if men are big then women must be small; and if men are strong then women must be weak".<ref name="Serano 2007" /> The [[gender binary]] and oppositional norms work together to support "traditional sexism", the belief that femininity is inferior to and serves masculinity.<ref name="Pedersen 2015" />

Serano states that oppositional sexism works in tandem with "traditional sexism". This ensures that "those who are masculine have power over those who are feminine, and that only those that are born male will be seen as authentically masculine."<ref name="Serano 2007" />

=== Transgender discrimination ===

{{See also|Transphobia|Healthcare and the LGBT community}}

Transgender discrimination is discrimination towards peoples whose gender identity differs from the social expectations of the biological sex they were born with.<ref>{{Cite web |url=https://campusclimate.berkeley.edu/students/ejce/geneq |title=Gender Equity Resource Center |website=University of California Berkeley |access-date=August 26, 2019}}</ref> Forms of discrimination include but are not limited to identity documents not reflecting one's gender, sex-segregated public restrooms and other facilities, dress codes according to binary gender codes, and lack of access to and existence of appropriate health care services.<ref name="Grossman 2012">{{Cite web |url=https://verdict.justia.com/2012/05/01/the-eeoc-rules-that-transgender-discrimination-is-sex-discrimination |title=The EEOC Rules That Transgender Discrimination Is Sex Discrimination: The Reasoning Behind That Decision |last=Grossman |first=Joanna L. |website=verdict.justia.com |date=May 2012 |language=en |access-date=August 26, 2019}}</ref> In a recent adjudication, the [[Equal Employment Opportunity Commission]] (EEOC) concluded that discrimination against a transgender person is sex discrimination.<ref name="Grossman 2012"/>

The 2008–09 National Transgender Discrimination Survey (NTDS)—a U.S. study by the National Center for Transgender Equality and the National Gay and Lesbian Task Force in collaboration with the National Black Justice Coalition that was, at its time, the most extensive survey of transgender discrimination—showed that Black [[transgender people in the United States]] suffer "the combination of anti-transgender bias and persistent, structural and individual racism" and that "black transgender people live in extreme poverty that is more than twice the rate for transgender people of all races (15%), four times the general Black population rate (9%) and over eight times the general US population rate (4%)".<ref>{{cite web |title=Injustice at every turn: A look at Black respondents in the National Transgender Discrimination Survey |url=http://nbjc.org/sites/default/files/trans-adjustment-web.pdf |website=[[National Black Justice Coalition]] |access-date=20 January 2018 |archive-date=February 20, 2019 |archive-url=https://web.archive.org/web/20190220101059/http://nbjc.org/sites/default/files/trans-adjustment-web.pdf}}</ref> Further discrimination is faced by gender nonconforming individuals, whether transitioning or not, because of displacement from societally acceptable gender binaries and visible stigmatization. According to the NTDS, transgender gender nonconforming (TGNC) individuals face between eight percent and 15% higher rates of self and social discrimination and violence than binary transgender individuals. Lisa R. Miller and Eric Anthony Grollman found in their 2015 study that "gender nonconformity may heighten trans people's exposure to discrimination and health-harming behaviors. Gender nonconforming trans adults reported more events of major and everyday transphobic discrimination than their gender conforming counterparts."<ref>{{cite journal |last1=Miller |first1=Lisa R. |last2=Grollman |first2=Eric Anthony |year=2015 |title=The Social Costs of Gender Nonconformity for Transgender Adults: Implications for Discrimination and Health |journal=[[Sociological Forum]] |volume=30 |issue=3 |pages=809–831 |doi=10.1111/socf.12193 |pmid=27708501 |pmc=5044929}}</ref>

In another study conducted in collaboration with the League of United Latin American Citizens, Latino/a transgender people who were non-citizens were most vulnerable to harassment, abuse and violence.<ref>{{cite web |url=http://endtransdiscrimination.org/report.html |title=the Survey |publisher=End Trans Discrimination |access-date=March 31, 2015}}</ref>

An updated version of the NTDS survey, called the 2015 U.S. Transgender Survey, was published in December 2016.<ref>{{cite web |title=2015 U.S. Transgender Survey |url=https://transequality.org/sites/default/files/docs/usts/USTS-Executive-Summary-Dec17.pdf |website=National Center for Transgender Equality |access-date=January 20, 2018}}</ref>