California employers have to deal with myriad changes to the law every year. Many of these offer added protections to employees.
One important change that took effect at the beginning of this year adds a new category of discrimination – “intersectional” discrimination. That means employees are now legally protected from discrimination that’s based on two or more protected characteristics. This can include anyone from Black women to gay disabled men to older Muslim employees – just to name a few examples.
California already recognizes more protected characteristics or classes than many states – including gender identity and expression, HIV/AIDS status and genetic characteristics, as well as those recognized under federal law, like race, religion, age, disability and gender/sex. For employees who fit into two or more of these groups, it can be difficult to determine whether they’re being discriminated against based on one or the combination of them.
Studies have shown that people who belong to two or more protected classes are more likely to experience discrimination – with more serious results – than those who are in only one protected class. The California legislator behind the new law says that it helps “ensure that plaintiffs’ full experience of harm is recognized.”
Further, it can be more difficult to point to the reason for the discriminatory actions – unless someone overtly references a particular characteristic – and, therefore, to file a discrimination claim.
An employer who is serious about not allowing any employee to suffer discrimination or harassment based on any personal characteristic shouldn’t find it difficult to comply with this added discrimination protection (the first in the country). However, it’s important for all business owners and their employees – particularly those in management and supervisory positions – to know and understand intersectional discrimination. For any questions or concerns, it’s smart to get legal guidance.