Recently enacted Senate Bill 1137 clarifies that California’s anti-discrimination and anti-harassment laws based on protected classifications – such as race, gender, age, disability and sexual orientation – also apply to “intersectional identities” in which two or more of these classifications can result in a unique form of discrimination.
Intersectionality refers to how combined forms of discrimination can exacerbate each other and result in amplified prejudice and harm. For example, a Black woman could face workplace discrimination based on a combination of race and gender that subjects her to stereotypes not shared by Black men or white women.
The bill’s author, Senator Smallwood-Cuevas stated: “Discrimination transcends singular dimensions…and not only happens based on one protected class, such as race, gender or age, but any combination thereof. This bill is common-sense reform that addresses the intersectionality of discrimination cases, providing greater protections for Californians, especially those from our most marginalized communities of color.”
Take-Aways:
Effective January 1, 2025, California employers should update their equal employment opportunity statements and anti-harassment policies with the assistance of competent legal counsel and train managers on recognizing and preventing intersectional biases.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
- What’s New in 2025 – Unsplitting Hairs, Race Discrimination Clarified – November 8, 2024
- Wash the Chaos: Workplace Policy Handbook & Forms for 2025 (October 16, 2024)
- Annual Virtual Seminar, Friday, January 17, 2025 or Friday, February 28, 2025, Covering Employment Legal Essentials and New Workplace Laws (October 10, 2024)
Cindy Bamforth
November 15, 2024