People who work in California have a greater chance of having one or more protected characteristics than those in other states. In addition to federally protected characteristics like age, race, religion, gender and disability, California law specifies that it’s illegal for employers to discriminate against people based on things like sexual orientation, gender identity and expression and having HIV/AIDs.
Now, with a change in the law that took effect in January, intersectional discrimination is also illegal. That refers to discrimination based on two or more protected characteristics.
The reason this change in the law is important is because it’s often difficult for employees who fall into multiple protected categories to pinpoint which one is the basis for their discrimination. This can make bringing a claim against an employer more challenging.
A number of people have been talking about the problem of intersectional discrimination for years. In fact, the term “intersectionality” was first used by a Black, female legal scholar about 35 years ago.
Recognizing employees’ “full experience of harm”
Intersectional discrimination, however, can affect all kinds of people. Here in Southern California, many people fall into multiple protected categories. Those who have studied and spoken out about intersectional discrimination contend that the amount of prejudice and the harm that it causes is generally greater for people who are exposed to intersectional discrimination than for those who are discriminated against for one protected characteristic.
The state senator who sponsored the legislation said that it “enshrines these key principles of intersectionality into law in order to provide guidance to California state courts and ensure that plaintiffs’ full experience of harm is recognized.”
This addition to California law is an important one – in addition to being historic. Unfortunately, some employers aren’t aware of changes in the law. Even if they are, they may not take the necessary steps to ensure that all managers and other employees abide by it or to protect their employees who are experiencing discrimination and harassment.
It is important for employees to know their rights and how to effectively assert them. If that doesn’t work, it may be necessary to seek legal guidance to protect those rights and seek accountability.