California offers more protections from employment discrimination based on personal characteristics than many other states. In addition to the characteristics protected under federal law like race, gender, religion, nationality, age and disability, California law prohibits employment discrimination based on sexual orientation, gender identity, HIV/AIDS status and more.
It’s not uncommon, especially in an area as diverse as Southern California, for employees to belong to two or more protected groups. When they face discrimination, it can be challenging to prove which of the characteristics is causing the discrimination – especially if people aren’t saying things directly aimed at their race, sexual orientation or other characteristic. That can make a discrimination case harder to bring successfully.
How the new law helps California employees
Now that’s not necessary. Beginning on Jan. 1 of this year, a new law took effect (the first in the country) that recognizes “intersectionality” discrimination. That means an employee can take action for being discriminated against because of two or more protected characteristics – for example, because they’re a Black trans woman, a gay older Jewish man or a Muslim woman who uses a wheelchair.
The concept of intersectionality isn’t new. It’s been discussed by writers and scholars for years – often with an emphasis on how women of color often face a “double whammy” of wage discrimination and sexual harassment that is worse than what white women deal with. LGBTQ women of color often deal with even worse workplace and other discrimination.
Recognizing a person’s “full experience of harm”
The state lawmaker behind the new law notes that by including intersectional discrimination in the law, the state can “ensure that plaintiffs’ full experience of harm is recognized.” It’s crucial that both employers and employees know about and understand the new law. Employers have a responsibility to ensure that anyone in a Human Resources or supervisory position understands it as well, since they’re the ones most likely to be handling complaints or tasked with ensuring fair treatment of all employees.
Employees who believe they’ve suffered harm due to intersectionality or any other kind of discrimination can and should report it to the proper people within their organization. If that doesn’t result in a resolution of the issue, it’s wise to get legal guidance to determine the best next steps.