Workplace discrimination is, unfortunately, still a reality for many employees. However, California continues to push for stronger protections to combat these injustices. Starting in 2025, updates to the Fair Employment and Housing Act (FEHA), brought about by Senate Bill 1137, are changing the game. These updates specifically tackle a form of discrimination that often goes unnoticed—intersectional discrimination.
This groundbreaking law explicitly prohibits discrimination based on the intersection of two or more protected characteristics, such as race, gender, age, or disability. With these new protections in place for 2025, California is taking another step forward in ensuring fairness and equity for all workers.
What Is Intersectional Discrimination?
Intersectional discrimination occurs when someone faces unfair treatment due to the combination of two or more protected characteristics. Unlike traditional claims that focus on a single factor—such as race or gender—intersectional discrimination highlights the unique challenges that arise from overlapping identities. These compounded biases often create distinct and more complex experiences of discrimination.
Here are a few examples to illustrate:
- Race and Gender: A Black woman might encounter unique obstacles in the workplace that neither Black men nor white women face, stemming from the intersection of racial and gender biases.
- Age and Disability: An older employee with a disability may be unfairly passed over for promotions or critical assignments due to stereotypes tied to both their age and health.
- Sexual Orientation and Religion: An LGBTQ+ individual from a particular religious background could experience hostility that reflects both anti-LGBTQ+ bias and discrimination against their faith.
Intersectional discrimination recognizes that these overlapping identities shape the way individuals are perceived and treated, often resulting in more complex and compounded forms of bias. By addressing these nuances, the law seeks to provide more comprehensive protections for employees navigating these unique challenges.
How Does Intersectional Discrimination Impact Employees?
Intersectional discrimination creates compounded challenges for employees, making workplace inequities more pervasive and difficult to address. Here’s how it often manifests:
- Hiring Practices: Biases against overlapping identities can lead employers to favor candidates perceived as “easier fits.” For instance, a younger white male candidate may be chosen over an older Black woman, reflecting discriminatory assumptions tied to both age and race.
- Performance Evaluations: Employees with intersecting identities often face unjust scrutiny in reviews, where stereotypes about their combined traits unfairly influence feedback, hindering their ability to advance professionally.
- Workplace Culture: Those experiencing intersectional discrimination frequently report feeling alienated, whether through exclusion from team activities or being left out of career-building opportunities. This isolation can erode morale and limit career growth.
- Termination Decisions: Intersectional discrimination can play a significant role in unjust termination. For example, a Latina mother might be let go under the guise of “performance concerns,” while implicit biases about her gender, ethnicity, and caregiving responsibilities drive the decision.
What Makes SB 1137 Unique?
Traditionally, discrimination claims required employees to demonstrate bias based on a single protected characteristic—such as gender or race—without fully addressing how the combination of multiple traits creates compounded harm. SB 1137 changes this by explicitly recognizing and addressing intersectional discrimination. Under this new framework, California courts now consider:
- The Impact of Overlapping Identities: How combined characteristics—such as race and gender or age and disability—create unique challenges and vulnerabilities for affected employees.
- Workplace Inequities: Whether company policies, practices, or decisions disproportionately harm individuals with multiple protected identities, even if those policies appear neutral on the surface.
- Comprehensive Remedies: Remedies that account for the broader and more profound impact of intersectional discrimination, ensuring fair compensation for the full extent of harm caused.
By embracing a more inclusive approach, SB 1137 provides employees facing complex and layered biases with a clearer and stronger legal pathway to achieve justice and accountability.
Are All Employers Covered by SB 1137?
Yes, SB 1137 extends protections under FEHA to a wide range of employers. Any business in California with five or more employees must comply with these enhanced anti-discrimination provisions, ensuring that most workplaces are held accountable for addressing intersectional discrimination.
Importantly, the law doesn’t stop there. Public sector employees, certain independent contractors, and even job applicants are also protected under FEHA. This broad coverage ensures that individuals across various roles and industries can seek remedies for intersectional discrimination, reinforcing California’s commitment to fostering equitable workplaces.
Intersectional Discrimination vs. Harassment: What’s the Difference?
It’s important to understand the distinction between discrimination and harassment, as they address different types of workplace misconduct:
- Discrimination: This involves unfair treatment related to employment decisions, such as hiring, promotions, pay, or termination, based on protected characteristics or the intersection of those characteristics. For example, being denied a promotion due to the combination of race and gender.
- Harassment: This refers to unwelcome conduct, such as offensive jokes, comments, or physical actions, that creates a hostile or intimidating work environment. Harassment often targets someone based on their protected characteristics or a combination of them.
While these issues are distinct, they frequently overlap. Employees facing intersectional discrimination may also encounter harassment, amplifying the negative effects of workplace bias. Recognizing these differences helps ensure that all aspects of misconduct are addressed appropriately.
How to Take Action Against Intersectional Discrimination
If you’ve experienced intersectional discrimination, protecting your rights starts with taking decisive action. Here’s a step-by-step guide to filing a complaint:
File a Complaint with the California Civil Rights Department (CRD):
- Submit an official complaint within three years of the discriminatory act. Filing with the CRD initiates a formal investigation into your case and is a crucial first step in holding your employer accountable.
Consider Mediation Services:
- The CRD offers free mediation as an alternative to litigation. Mediation is often a quicker and less adversarial way to resolve disputes, helping both parties reach an agreement without going to court.
Request a Right-to-Sue Notice:
- If mediation does not resolve the issue or if you prefer to proceed with legal action, you can request a “right-to-sue” notice from the CRD. This document allows you to file a lawsuit against your employer in court.
Consult an Employment Attorney:
- An experienced attorney can help you navigate the complexities of your case, ensuring all forms of discrimination are addressed. Their expertise can strengthen your claim and maximize your chances of a favorable outcome.
Prepare for Legal Action:
- Work with your attorney to gather evidence, identify witnesses, and build a compelling case. Having strong legal representation can make a significant difference in achieving justice.
Filing a complaint may feel daunting, but understanding your options and seeking professional support can empower you to protect your rights and hold discriminatory employers accountable.
How Does SB 1137 Impact Workplace Training?
Beginning in 2025, California employers are encouraged to enhance their mandatory harassment prevention training by incorporating awareness of intersectional discrimination. This important update aims to foster greater understanding and inclusivity in the workplace. Key elements include:
- Real-World Examples: Training must now address scenarios involving implicit biases linked to multiple protected characteristics, helping employees and managers recognize the unique challenges faced by individuals with intersecting identities.
- Building Inclusive Workplaces: Employers are provided with guidance on creating workplace cultures that embrace diversity and proactively address intersectional discrimination.
- HR Support and Resources: Training equips HR teams with tools and best practices to effectively manage and resolve complaints involving intersectional discrimination, ensuring a fair and supportive process for all employees.
These updates strengthen California’s commitment to addressing complex forms of workplace bias and ensuring a more equitable environment for everyone.
Conclusion: Leading the Way in Worker Protections
California’s 2025 updates to the Fair Employment and Housing Act (FEHA) represent a significant leap forward in combating workplace inequities. By explicitly addressing intersectional discrimination, these updates acknowledge the complex challenges faced by employees with overlapping identities and offer stronger legal remedies to protect their rights. If you believe you’ve been a victim of intersectional discrimination, understanding your options and taking action can be a powerful step toward achieving justice and fostering change.
How We Can Help
At H&A Law Office, PC, our Los Angeles employment law attorneys are dedicated to standing up for employees’ rights under California law. If you’ve faced intersectional discrimination, harassment, or retaliation, our experienced team is here to provide skilled legal representation and guide you every step of the way. Let us help you achieve justice and hold your employer accountable.
This post is intended for informational purposes only and does not constitute legal advice. Laws and regulations are subject to change, and their application can vary based on specific circumstances. For personalized legal assistance, please reach out to H&A Law Office, PC.
