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November 20, 2024
California Addresses Intersectionality in Its Anti-Discrimination Laws
Existing California law – the California Fair Employment and Housing Act (FEHA) – addresses civil rights with respect to housing and employment. Specifically, the FEHA declares it to be a civil right to have the opportunity to seek, obtain, and hold employment and housing without discrimination because of specified characteristics, including race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decision-marking, or veteran or military status. Existing law also prohibits discrimination because a person is perceived to have any of those characteristics or because a person is associated with a person who has, or is perceived to have, any of those characteristics.
On September 27, 2024, California Governor Newsom signed Senate Bill 1137, amending the FEHA to include a prohibition on discrimination against persons who have any combination of those protected characteristics – also known as intersectionality.
As noted in the California Legislature’s findings “intersectionality is an analytical framework that sets forth that different forms of inequality operate together, exacerbate each other, and can result in amplified forms of prejudice and harm…Where two or more bases for discrimination or harassment exist, they cannot be neatly reduced to distinct components…When a person claims multiple bases for discrimination or harassment, it may be necessary to determine whether the discrimination or harassment occurred on the basis of a combination of those factors, not just based on any one protected characteristic by itself.”
The FEHA amendment becomes effective on January 1, 2025. California employers should update their employment policies to address intersectionality.
California Clarifies Rights to Enforce Local Anti-Discrimination Laws
Existing California law establishes the Civil Rights Department (Department) and prescribes its functions, duties, and powers, including to receive, investigate, conciliate, mediate, and prosecute complaints alleging employment discrimination pursuant to specified laws, including the Fair Employment and Housing Act (FEHA).
On September 26, 2024, California Governor Newsom signed Senate Bill 1340, amending the Government Code to specify that nothing in the FEHA limits or restricts efforts by any city, city and county, county, or other political subdivision of the state to enforce local law prohibiting discrimination in employment against classes of persons covered by the FEHA if certain requirements are met, including a requirement that local enforcement is pursuant to a local law that is at least as protective as the FEHA.
The amendment becomes effective on January 1, 2025.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, California, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
