California’s New Law Targets Intersectional Discrimination, Here’s What Changes for Workers
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In California, the pay gap is more than just a gender issue. Latinas earn an estimated 44 cents per dollar that a white man earns, while Black women earn just 58 cents, according to recent data from the California Civil Rights Department (2024). This complex reality, where race and gender combine to create unique disadvantages, is at the heart of a new state law designed to strengthen worker protections.
Governor Newsom has signed Senate Bill 1137 into law (California Legislative Information, 2024). It officially amends the Fair Employment and Housing Act (FEHA) to recognize and explicitly prohibit intersectional workplace discrimination. This change clarifies a long-standing legal gray area, strengthening the rights of workers across the state who face bias based on a combination of their identities.
What Exactly Is Intersectional Discrimination?
In employment law, intersectional discrimination occurs when a person faces bias or unfair treatment based on a combination of at least two protected characteristics, like race and gender, or age and disability. It acknowledges that individuals with multiple marginalized identities can experience a unique form of discrimination that is different from what they might face based on a single characteristic alone.
For example, a Black woman may face discrimination that is distinct from the bias experienced by a white woman or a Black man. This is reflected in workplace outcomes; for every 100 men promoted to a managerial position, only 54 Black women are encouraged, according to a McKinsey & Co. report (2024). Previously, courts sometimes required plaintiffs to prove they were discriminated against based on either their race or their gender, making it difficult to address bias targeting the unique intersection of both identities.
How SB 1137 Changes the Law for California Workers
The primary change for employees is that they no longer need to prove that a single protected characteristic was the sole or primary reason for an adverse employment action. They can now build a case demonstrating that the combined effect of multiple factors led to the discrimination. This legal clarification makes it easier for individuals facing complex forms of bias to have their claims heard and validated in court.
The need for such clarification is significant. In 2023, the California Civil Rights Department received nearly 30,000 discrimination complaints, underscoring the widespread nature of workplace disputes (2024). SB 1137 provides a more direct legal path for those whose experiences do not fit neatly into a single category of discrimination.
| Filing a Discrimination Claim | Before SB 1137 (The Gray Area) | After SB 1137 (The Clarification) |
|---|---|---|
New Obligations for Employers Across California
The law requires a more nuanced approach to compliance, training, and policy making for businesses across California. Employers must ensure their anti-discrimination policies and training programs now specifically address intersectionality. Generic anti-bias training that fails to account for the unique ways different identities overlap may no longer be considered sufficient.
This law arrives amid a flurry of legislative activity in Sacramento aimed at bolstering civil and employment rights. Recent bills have tackled issues from pay equity and tip theft to the discriminatory use of artificial intelligence in hiring, placing employers under greater scrutiny to create fair and equitable workplaces (JD Supra, 2025).
- Update Anti-Harassment Policies: Explicitly add intersectional discrimination to the list of prohibited conduct in employee handbooks and official policies.
- Revise Manager Training: Train managers and HR personnel to recognize and investigate complaints involving bias based on a combination of protected traits.
- Review Hiring and Promotion Practices: Audit procedures for potential bias that could disproportionately affect individuals with overlapping protected characteristics (e.g., older women, men of color).
- Foster an Inclusive Culture: Go beyond legal compliance to create a workspace where people feel safe reporting complex and nuanced forms of discrimination.
What to Do if You Experience Intersectional Discrimination
Employees who believe they are victims of this type of discrimination should begin by documenting all relevant incidents, including dates, times, individuals involved, and specific actions or comments. It is also important to review the company’s internal anti-harassment policy and follow its procedures for reporting the issue to a manager or Human Resources, if doing so feels safe.
Finding the Right Legal Support
Consulting an experienced discrimination attorney is critical when facing complex workplace issues. Law firms specializing in employment law can help anyone file a claim with the California Civil Rights Department or pursue a lawsuit.
One such firm, Sanford Heisler Sharp McKnight, LLP has extensive experience representing employees in cases involving California’s Fair Employment and Housing Act. Their attorneys focus on protecting the rights of workers who have faced discrimination based on various factors, including race, gender, age, and disability. The firm is dedicated to holding employers accountable for unlawful conduct, and it has a track record of recovering over $1 billion for clients in verdicts and settlements.
As their legal experts note, seeking qualified representation not only helps an individual worker but also can prevent this from happening to others in similar situations by prompting systemic changes within a company. This approach aligns with the preventative goal of laws like SB 1137.
A New Standard for Workplace Equity in California
SB 1137 does not create new protected classes but fundamentally strengthens the law by acknowledging the real-world complexity of discrimination. It marks a significant evolution in California’s commitment to civil rights in the workplace, codifying protections that reflect the lived experiences of many workers.
Ultimately, this law moves California closer to ensuring that all workers are judged on their performance and qualifications, not on the biases attached to their unique identities. It sets a new standard for fairness that employers must meet and empowers workers to challenge injustice more effectively.
