California’s workplace discrimination laws are considered some of the most comprehensive in the nation. In addition to recognizing common protected classes or categories like age, race, gender, religion, disability and sexual orientation, state law also protects employees from discrimination based on their gender identity or expression, genetic information (like having the BRCA gene mutation) and their HIV/AIDS status.
Starting this year, California law began recognizing “intersectional” discrimination. That’s discrimination against an applicant or employee because they’re in two or more protected classes.
That is true of a large part of California’s workforce – and certainly the workforce here in Los Angeles. A gay Black man, a disabled woman and an older Muslim man are just a few examples.
The importance of recognizing intersectional discrimination
For the many Californians whose identity includes two or more protected classes, it can often be difficult to take action if they believe they’re facing employment discrimination. That’s because they may not be able to point to one of them as the reason for the discrimination.
Indeed, it can be that combination itself that can be a problem for some employers. Now, with intersectional discrimination recognized under California law (something no other state has done yet), they don’t have to name one.
Studies have also found that people in multiple protected classes are more likely to be discriminated against in ways that have serious consequences – like not being hired or promoted or being terminated — than those in just one protected class. The California lawmaker who championed the change in the law says it helps “ensure that plaintiffs’ full experience of harm is recognized.”
California employment laws are always changing. Fortunately, those changes are usually to the advantage of employees. It’s crucial to know your rights and be able to effectively advocate for them. If you haven’t been able to do that successfully with your employer, getting experienced legal guidance can make a significant difference.