California has taken a groundbreaking step in workplace protections by becoming the first state to explicitly recognize intersectionality in its discrimination laws. This means that employees who experience discrimination based on multiple protected characteristics—such as race and gender combined—now have stronger legal protections when seeking justice.
What Is Intersectionality, and Why Does It Matter?
Intersectionality acknowledges that discrimination is not always based on a single characteristic. For example, a Latina mother may face bias that is not based on just race, gender or pregnancy, but a combination of all of the above, impacting her job opportunities, wages, and workplace treatment. Traditional legal approaches often failed to capture these complex experiences, making it harder for workers to prove discrimination.
With California’s updated discrimination laws, employees can now demand that their employers and the courts recognize intersectional discrimination claims. This will help ensure that workers’ rights reflect the full scope of their lived experiences, rather than being forced to separate their identities into isolated categories when it comes time to hold employers accountable.
How This Change Strengthens Employee Protections
The new law enhances employee rights under the Fair Employment and Housing Act (FEHA) by:
- Holding employers accountable for discrimination based on overlapping protected characteristics.
- Allowing workers to bring claims that reflect their full experience and multiple aspects of their identity, rather than focusing on just one aspect of their identity.
- Closing legal loopholes that previously let employers argue that discrimination was not based on a single characteristic.
This shift makes it harder for employers to dismiss claims and ensures that California’s legal system better reflects the realities of workplace discrimination.
What to Do If You Experience Workplace Discrimination
If you have faced unfair treatment at work due to multiple aspects of your identity, you may have a stronger case under California discrimination laws. Employers can no longer hide behind outdated legal defenses to avoid accountability.
At Valerian Law, our experienced team is committed to fighting for employees who have been mistreated due to intersectional discrimination. If you believe your rights have been violated, contact us today to discuss your legal options.