Intersectionality in Anti-Discrimination Laws: California’s SB 1137

Understanding SB 1137

Effective January 1, 2025, California Senate Bill 1137 (SB 1137) amends the state’s Fair Employment and Housing Act (FEHA) to address claims of discrimination based on a combination of protected characteristics, or “intersectionality.” This change reflects a more nuanced understanding of how overlapping social identities, such as race, gender, and age, can create unique instances of discrimination that go beyond any single characteristic.

Key Changes

1. Recognition of Intersectionality:

   • Individuals can now bring claims of discrimination based on the intersection of multiple protected characteristics under FEHA.
   • Discrimination claims can also be based on perceptions of these intersections or associations with someone perceived to have them.

2. Expanded Definition of Protected Characteristics:

   • FEHA now explicitly includes combinations of characteristics such as race, gender, sexual orientation, and more.
   • Employers must consider how overlapping identities may lead to unique forms of discrimination.

3. Alignment with Federal Law:

   • SB 1137 aligns with federal protections under the Equal Employment Opportunity Commission (EEOC) guidance of Title VII of the Civil Rights Act of 1964, further solidifying these rights.

HR Best Practice Recommendations

1. Enhance Anti-Discrimination Training:

   • Expand training programs to include the concept of intersectionality and how different forms of discrimination overlap.
   • Train employees and managers to recognize and address discriminatory behaviors based on multiple characteristics.

2. Update Policies and Procedures:

   • Revise anti-discrimination policies in employee handbooks and codes of conduct to reflect SB 1137’s expanded protections.
   • Ensure complaint and investigation procedures are robust enough to address intersectionality claims.

3. Conduct Workplace Assessments:

   • Evaluate workplace culture and policies to identify potential gaps in addressing intersectional discrimination.
   • Proactively implement measures to foster an inclusive and equitable environment.

Legislative Alterations

SB 1137 represents a pivotal shift in California’s anti-discrimination laws, requiring employers to recognize the complexity of discrimination when multiple social identities intersect. This change calls for more proactive and comprehensive measures in workplace policies, ensuring all employees are treated equitably.

Closing Remarks

California’s SB 1137 reinforces the state’s commitment to combating discrimination in all its forms. Employers that embrace these changes not only ensure compliance but also promote a more inclusive workplace culture that values diverse identities and experiences.

Take Action Now

Stay ahead of SB 1137 and build a workplace that embraces inclusion. Employer’s Guardian provides expert support to help you update policies, conduct training, and foster equity. Contact us today to learn more.