What is Intersectionality in Discrimination Claims?

Understanding discrimination in the workplace can be a complex challenge, yet it’s important for protecting employee rights. One evolving aspect of employment law is the concept of intersectionality—a framework addressing how overlapping personal characteristics can result in unique forms of discrimination. To better protect employees, California recently became the first state to explicitly adopt intersectionality into its anti-discrimination laws. For individuals facing prejudice at work, understanding this concept is key to recognizing how the law can shield them. Minnis & Smallets LLP helps workers recognize their rights in the face of discrimination. 

What is Intersectionality?

Intersectionality refers to the way different aspects of a person’s identity—such as race, gender, age, sexual orientation or disability—interact to create distinct forms of discrimination. Coined by legal scholar Kimberlé Crenshaw, this concept describes how people who belong to multiple marginalized groups often experience prejudice in ways that cannot be fully understood by looking at one characteristic alone. Instead, these overlapping aspects create distinct vulnerabilities.

For instance, certain employees may face not only gender discrimination but also racially biased assumptions. Intersectionality suggests that these challenges are rooted in the combination of race and gender, which subjects the employee to distinct stereotypes. Recognizing intersectionality allows individuals and courts to identify these nuanced experiences of discrimination with greater precision.

California’s Adoption of Intersectionality

On September 27, 2024, Senate Bill 1137 was signed into law, integrating intersectionality into the state’s anti-discrimination framework. This groundbreaking legislation amends the Unruh Civil Rights Act, the Education Code and the Fair Employment and Housing Act (FEHA), explicitly acknowledging that discrimination often stems from the compounded effects of multiple protected characteristics.

For years, California law prohibited workplace bias based on individual attributes like race, gender or disability. However, SB 1137 expands these protections by emphasizing that discrimination is not always limited to a single factor. The legislation builds on precedents like the Ninth Circuit Court’s decision in Lam v. University of Hawai’i, which recognized that discrimination based on a combination of factors warrants attention. By embedding intersectionality into state law, California offers stronger legal recourse to employees facing this more complex form of harassment or prejudice. 

What Does SB 1137 Mean for Employees?

For employees filing discrimination claims, the adoption of intersectionality provides critical new protections. Previously, individuals who were discriminated against based on overlapping identities may have struggled to illustrate how their experiences differed from others in either single category. SB 1137 makes it clear that these compounded issues warrant recognition under the law.

For example, consider an Asian-American female employee who starts receiving negative performance reviews shortly after taking maternity leave. She might argue that her race, gender and pregnancy status created a layered perception of bias from her employer. SB 1137 affirms her right to challenge this combined form of unfair treatment. Employers, in turn, are encouraged to better understand and address the complexity of workplace dynamics to avoid discriminatory practices.

How Minnis & Smallets LLP Can Help

Navigating employment disputes, especially those involving intersectionality, requires dedicated legal advocacy. Minnis & Smallets LLP protects employees, including those impacted by intersectional discrimination. Our team offers skilled representation to help employees assert their rights under California’s laws. Contact an attorney today to explore how we can assist.