On September 27, 2024, California solidified its position as a trailblazer in workplace protections by enacting Senate Bill 1137 (SB 1137), the first law in the United States to explicitly protect against intersectional discrimination in employment. This landmark legislation amends the Unruh Civil Rights Act, the Education Code, and the Fair Employment and Housing Act (FEHA) to recognize the impact of multiple, intersecting protected traits on a person’s experience of discrimination.
Understanding Intersectionality
The concept of intersectionality, introduced by legal scholar Professor Kimberlé Williams Crenshaw, acknowledges that discrimination can occur in ways that reflect an individual’s combined identities. For instance, a Black woman might face unique forms of workplace discrimination based not solely on her race or gender but on the combined stereotypes and biases associated with both. Such experiences are distinct from those faced by her Black male or White female colleagues. SB 1137 aims to protect individuals who encounter these unique, compounded forms of discrimination by formally recognizing intersectionality within the framework of California’s anti-discrimination laws.
Legal Context
Intersectionality has long been discussed among scholars and advocacy groups, but it has rarely been addressed explicitly within statutory law. Title VII of the Civil Rights Act prohibits discrimination based on individual traits, but it does not specifically mention intersecting identities, leaving many employees vulnerable to inconsistent court rulings. California’s SB 1137 changes this by clarifying that discrimination claims can arise from “any combination” of protected traits, aligning with precedent set by the Ninth Circuit in Lam v. University of Hawai’i (1994), which acknowledged that assessing discrimination may require examining multiple, overlapping identities.
Implications for Employers
Beginning January 1, 2025, employers in California will be required to recognize intersecting identities within their anti-discrimination policies. This means that an employee’s experience of discrimination should be evaluated holistically, considering the combined impact of discrimination based on multiple protected traits. To mitigate the potential risks associated with “intersectional bias” employers should take steps to:
1. Update Anti-Discrimination Policies: Revise existing policies to explicitly account for intersectional discrimination.
2. Enhance Training Programs: Train management and HR personnel on the nuances of intersectional identities, so they can identify and address discrimination complaints more effectively.
3. Improve Documentation: Develop internal procedures for documenting complaints involving multiple protected traits to ensure that cases are evaluated from an intersectional perspective.
Failure to adapt to this expanded framework could lead to legal challenges, as employees can now file claims of discrimination based on a combination of protected characteristics.
Conclusion
SB 1137 marks a significant milestone in anti-discrimination law, reinforcing California’s commitment to workplace inclusivity and justice for marginalized communities. By recognizing intersectional discrimination, California is setting a new standard, prompting employers to adopt a more comprehensive approach to workplace equality. As this law takes effect, employers are encouraged to seek guidance on compliance and policy updates.
For further insight on SB 1137 compliance or assistance in aligning your policies with current legal standards, contact KVK. Our team is ready to help you navigate this new era of employment law in California.
