7 Things To Know About Intersectional Discrimination in CA

Every human has a unique blend of characteristics that make them an individual. These different traits should be celebrated and welcomed, however, some employers discriminate against a handful of workers because of these differences.

Here Are 7 Things Our California Employment Lawyers Think You Should Know About Intersectional Discrimination:

1. California Leads The Way In Banning Intersectional Discrimination

California made history on January 1, 2025, when it became the first state to ban intersectional discrimination.

Governor Newsom signed the bill into law on September 27, 2024. The law makes it clear that unlawful discrimination in the workplace can include any combination of traits, rather than just one.

2. Federal Law Is A Good Start

Equal Employment Opportunity (EEO) laws prohibit specific types of discrimination in the workplace. It is illegal to discriminate against someone for their:

• Race
• Gender
• Religion
• Disability
• National origin
• Sexual orientation

The laws help protect people from discrimination based on one protected characteristic. Interestingly though, having two or more protected characteristics can actually leave someone less protected.

3. There’s A Difference Between Discrimination And Intersectional Discrimination

Discrimination occurs when someone experiences harassment because of a specific trait, such as their race, gender, or religion. An employer might be tempted to overlook an applicant simply for being Black, for example, or a woman.

Intersectional discrimination happens when someone experiences discrimination based on two or more traits. It occurs when an employer refuses to hire or otherwise discriminates against someone who is an Asian woman, for example, or a Black man with disabilities.

In other words, intersectional discrimination is any combination of protected traits.

4. Intersectional Discrimination Is Not New

In the 1990s case Lam v. University of Hawaii, a woman of Vietnamese descent alleged that the University of Hawaii Richardson School of Law discriminated against her because of her race, gender, and national origin. She had applied to be the Director of the school’s Pacific Asian Legal Studies Program twice, and was passed over both times; the position was left unfilled both times too.

Her first lawsuit failed when the judge saw that the school acted favorably to an Asian male and a white woman. The judge reasoned that if the employer did not discriminate against an Asian male and a white woman, they would not have discriminated against an Asian woman.

A Ninth Circuit panel reversed this decision, fortunately. They said that ignoring the intersections between race, gender, and other traits can allow employers to distort or disregard the discrimination a worker may experience.

5. Multiple Traits Can Increase Liability

An employer who discriminates against a worker with multiple protected characteristics can face greater liability. A boss that discriminates against an African American woman may be in trouble for:

• Race discrimination
• Gender discrimination
• Discrimination based on the combination of the two protected characteristics

6. SB 1137 Amends Existing Laws

California’s Senate Bill 1137 (SB 1137) amends existing acts and codes, such as the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, and Education Code, to provide workers with additional protection from intersectional discrimination in the workplace.

7. Employers Must Take Action

To comply with this regulation, your employer should update their discrimination policies and training manuals. They should also document and investigate any complaints you or other workers submit to your company.

Have You Experienced Intersectional Discrimination At Your Job? Contact Your California Employment Lawyer At D.Law!

Intersectional discrimination in California happens more often than you might think. If you believe you have been discriminated against at your workplace, contact D.Law. Our attorneys are experts in California employment law and worker‘s rights and can help you fight back against intersectional discrimination in the Bay Area, San Diego, Fresno, Los Angeles, and other CA cities.