gender identity

Gender identity is a person’s self-identified gender, which may or may not correspond with their sex assigned at birth. It reflects how a person experiences and expresses their gender. The Yogyakarta Principles, international human rights principles revolving around sexual orientation and gender identity, describe gender identity as “each person’s presentation of the person's gender through physical appearance, including dress, hairstyles, accessories, cosmetics, and mannerisms, speech, behavioral patterns, names, and personal references.”

Many gender identities exist, including male, female, transgender, gender-neutral, non-binary, agender, pangender, genderqueer, two-spirit, third gender, any, all, none, and combinations or variations of these.

In the United States, some states explicitly prohibit discrimination based on gender identity. In R.G. & G.R. Funeral Homes Inc. v. EEOC (2019), the Supreme Court considered whether Title VII of the Civil Rights Act of 1964, which prohibits discrimination “on the basis of sex,” also covers discrimination based on sexual orientation and gender identity. This case was decided together with Bostock v. Clayton County (2020), in which the Court held that such discrimination is prohibited under Title VII.

[Last reviewed in August of 2025 by the Wex Definitions Team

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