The article reveals the content of the discrimination test in terms of the possibility of its application in the court practice of Ukraine to identify discrimination based on sex. The most problematic categories of cases are identified. These cases require special attention from the judges in terms of the possible identification of discrimination based on sex. Analysis of court decisions demonstrates the examples of real cases where there was discrimination based on sex. The author pays attention to the addressing to the texts of international human rights treaties and the practice of the relevant bodies (the European Court of Human Rights, the UN Human Rights Committee, the UN Committee on the Elimination of Discrimination against Women, etc.).