Understanding California's SB 1137: A Landmark Law for Intersectional Discrimination Protection

California has taken a groundbreaking step forward in civil rights protection with Senate Bill 1137, which explicitly recognizes and addresses intersectional discrimination in California law. This legislation represents a significant advancement in how California addresses discrimination in employment, education, and public accommodations.

What is Intersectionality?

The law explicitly acknowledges intersectionality - a framework coined by legal scholar Professor Kimberlé Williams Crenshaw that recognizes how different forms of discrimination can intersect and compound to create unique forms of prejudice and harm. For example, the law recognizes that a Black woman may face discrimination not just as a woman, or as a Black person, but specifically as a Black woman - experiencing a distinct form of discrimination that differs from what Black men or white women might face.

Key Changes Under SB 1137

The law amends several major California civil rights laws, including:

·       The Unruh Civil Rights Act

·       The California Fair Employment and Housing Act (FEHA)

·       Educational Equity provisions

Under these changes, protected characteristics now explicitly include "any combination of characteristics." This means that when someone faces discrimination based on multiple aspects of their identity - such as race and gender, religion and disability, or age and sexual orientation - the law now clearly recognizes these intersecting forms of discrimination.

Why This Matters for California Workers

This change is crucial because it acknowledges that discrimination often doesn't occur along a single axis. Previously, individuals facing multiple forms of discrimination might have had to artificially separate their experiences into distinct categories. Now, the law explicitly recognizes that discrimination can occur based on any combination of protected characteristics, allowing for a more accurate and comprehensive approach to addressing workplace discrimination.

For example:

·       An older Asian employee can now address discrimination they face specifically as an older Asian person

·       A disabled Black woman can challenge discrimination based on the intersection of her disability, religion, and gender

·       A gay Latino worker can address discrimination based on both their sexual orientation and ethnicity combined

The Takeaway

SB 1137 brings California law into alignment with the reality of how discrimination, harassment and retaliation actually occurs in workplaces and society. It also provides employment lawyers with a stronger arsenal of tools to advocate for workers who face complex, overlapping forms of discrimination, harassment, and retaliation.   

For California employees who have faced discrimination, harassment and retaliation at work, this law provides a clearer path to justice by recognizing that their unlawful experiences may not fit neatly into single categories. It's a significant step forward in creating more equitable workplaces and ensuring that civil rights protections truly reflect peoples' lived experiences.