section_path: Gender identity discrimination
section_name: Gender identity discrimination
paragraph_text: Gender identity discrimination
  
  Gender discrimination is discrimination based on actual or perceived gender identity. 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". Gender discrimination is theoretically different from sexism. Whereas sexism is prejudice based on biological sex, gender discrimination specifically addresses discrimination towards gender identities, including third gender, genderqueer, and other non-binary identified people. It is especially attributed to how people are treated in the workplace, and banning discrimination on the basis of gender identity and expression has emerged as a subject of contention in the American legal system.
  
  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". Hurst states that "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".