California is one of the most diverse states in the U.S., and here in the Los Angeles area, that diversity is apparent throughout our workplaces. State law protects Californians from workplace discrimination based on a multitude of characteristics – from age, race, religion to sexual orientation, gender identity and expression, genetic characteristics and HIV/AIDS status.
As of Jan. 1 of this year, California law also protects employees from “intersectional” discrimination. That means discrimination against someone because they have two or more protected characteristics.
Why is this new category needed?
Both studies and anecdotal evidence show that people who belong in multiple categories that are commonly subject to discrimination are more likely to experience it (and with more serious effects) than those who have just one protected characteristic. Women of color, for example, experience a wider gender pay gap than white women do.
When you add characteristics like being disabled, LGBTQ, over 40 and more, an employee can find themselves at a considerable disadvantage in the workplace – and have a harder time getting a job in the first place.
By including intersectional discrimination in the law, which no other state has yet done, California lawmakers have made it easier for people to bring discrimination claims when they can’t clearly point to which of their characteristics is the cause of the discrimination. Unless an employer specifies what characteristic they have an issue with, this can be hard to do. Now that’s not necessary. As the California state senator who sponsored the legislation says, it helps “ensure that plaintiffs’ full experience of harm is recognized.”
Anyone who believes they’ve suffered harm due to intersectional (or any kind of) discrimination should report it to the appropriate authorities in their workplace. If they don’t take the necessary investigative steps and disciplinary action, it can help to get experienced legal guidance.