California law recognizes more protected classes or categories of employees than federal law and many state laws do. This protected status means that employees can’t legally be discriminated against based on characteristics like race, gender, age, religion, sexual orientation, HIV/AIDS status, disability, genetic information and more.
As of the beginning this year, California law now recognizes “intersectional” discrimination. That involves discrimination based on an employee belonging to two or more protected categories.
That includes more people than you might realize. A trans Black woman, an older disabled Muslim man, a gay man who was born in Mexico and a Jewish woman with a BRCA gene mutation would be just a few examples of people fitting into two or more protected categories.
Why recognizing intersectional discrimination is important
For employees who have two or more characteristics that often are subject to discrimination in hiring, promotion, termination and other employment decisions, it can be difficult to determine whether the discrimination they’re facing is based on one of their characteristics or the combination of them.
That’s where recognizing intersectional discrimination in the law can help. Employees don’t have to point to one protected characteristic if they file a discrimination claim.
Further, studies show that people who are in two or more protected classes are more likely to face discrimination and more serious consequences than those in only one class. The California lawmaker behind the change in the law says it helps “ensure that plaintiffs’ full experience of harm is recognized.” So far, California is the only state where intersectional discrimination is codified in the law.
Navigating workplace discrimination can be extremely challenging and frustrating – particularly when an organization’s management and Human Resources professionals don’t respond to employee concerns as they should. That’s when getting experienced legal guidance can make a difference.
