On September 27, 2024, California Governor Gavin Newsom signed Senate Bill (SB) 1137 into law, clarifying that discrimination can happen based on an intersection or combination of protected characteristics. Specifically, SB 1137 amended the Unruh Civil Rights Act, the Education Code, and the Fair Employment and Housing Act (FEHA) to extend protection against discrimination by including the concept of “intersectionality”.
Back in February 2024, California State Senator Lola Smallwood-Cuevas introduced SB 1137, which aimed to make California the first state to explicitly recognize “intersectionality” in anti-discrimination laws. Smallwood-Cuevas notes in her April 15, 2024, press release that “[d]iscrimination transcends singular dimensions”, and that SB 1137 “is common-sense reform that addresses the intersectionality of discrimination cases, providing greater protections for Californians, especially those from our most marginalized communities of color.”
While California laws have long prohibited discrimination and harassment based on protected characteristics — such as race, gender, age, disability and sexual orientation — they now also apply to intersectional identities, where two or more of the characteristics result in a unique form of discrimination. For example, an Asian female employee could experience workplace discrimination based on her race or gender, but also the combination of the two, which subjects her to a set of stereotypes and assumptions not shared by her coworkers who are not Asian, or by her Asian male coworkers.
The adoption of SB 1137 affirms the District Court’s ruling in Lam v. University of Hawai’i (9th Cir. 1994) 40 F.3d 1551, recognizing that discrimination and harassment may be directed at a combination of factors beyond a single protected category.
This amendment will take effect January 1, 2025.
By staying up to date and informed, employers can navigate the complex issues under California laws. If you have any questions about the implications of the amendments, Reed Smith’s experienced employment attorneys are available to help.