California’s legal framework for combating discrimination has long been considered among the most progressive in the nation. With the passage of Senate Bill (SB) 1137, signed into law by Governor Gavin Newsom on September 27, 2024, California has taken an unprecedented step forward by explicitly recognizing intersectionality in its anti-discrimination laws. This law, effective January 1, 2025, ensures that individuals facing compounded forms of discrimination due to overlapping personal characteristics are protected under state law.
At the Law Offices of Todd M. Friedman, P.C., we recognize the significance of this development and its potential impact on employees, employers, and Californians at large. Here’s what you need to know about SB 1137 and why it matters for you.
What Is SB 1137?
Introduced by State Senator Lola Smallwood-Cuevas in early 2024, SB 1137 amends three key areas of California law:
- The Unruh Civil Rights Act: Protecting individuals in business and public accommodations.
- The Fair Employment and Housing Act (FEHA): Ensuring fair treatment in employment and housing.
- The Education Code: Promoting equity in public schools.
The groundbreaking aspect of SB 1137 is its explicit incorporation of intersectionality—the concept that individuals may experience unique forms of discrimination based on overlapping protected characteristics, such as race, gender, and disability. While California has long prohibited discriminatory action based on singular traits, this law clarifies that protections extend to situations where two or more traits intersect, resulting in compounded harm.
The key updates under SB 1137 include:
- Recognition of Intersectionality: Anti-discrimination protections now explicitly cover situations involving a combination of characteristics. For example, claims can involve race and gender or age and sexual orientation.
- Enhanced Definitions in California Law: The Unruh Civil Rights Act, FEHA, and Education Code now include language that specifies protections for intersectional identities. Discrimination based on “any combination of characteristics” is explicitly prohibited, addressing gaps in existing law.
- Broader Remedies: Courts and regulatory bodies can now consider compounded harm when determining remedies for discrimination claims.
Understanding Intersectionality and Why It Matters
Coined by legal scholar Kimberlé Crenshaw, intersectionality recognizes that discrimination and harassment are often more complex than a single factor. For example, a Black woman may experience unique workplace biases that are different from those faced by Black men or White women. Similarly, an Asian employee with a disability may encounter stereotypes or assumptions that are distinct from those directed toward non-disabled Asian coworkers or individuals with disabilities of other races.
SB 1137 acknowledges that these compounded experiences of discrimination are unique and deserve specific legal protections. The law aligns with the Ninth Circuit Court’s 1994 decision in Lam v. University of Hawai’i, which recognized that discrimination often stems from overlapping factors that cannot be neatly separated.
To better understand how SB 1137 applies in practice, consider these scenarios:
- Case 1: The Overlooked Candidate: A Black woman applies for a promotion but is repeatedly overlooked. Her employer argues that she was not discriminated against based on either her race or her gender alone. However, she experiences bias that uniquely impacts Black women, not Black men or White women. SB 1137 ensures that such intersectional claims are legally recognized.
- Case 2: Harassment in the Workplace: A gay Asian man faces persistent jokes and comments that ridicule both his ethnicity and sexual orientation. These experiences are not shared by other Asian employees or LGBTQ+ employees at the company. Under SB 1137, he can assert a claim based on the intersection of these identities.
Why SB 1137 Benefits Employees
For California employees, SB 1137 offers critical protections against complex forms of workplace discrimination. Here’s how it impacts you:
Clearer Legal Protections
Employees often experience discrimination that arises from a combination of personal characteristics, such as race, gender, age, disability, or sexual orientation. SB 1137 ensures that these compounded forms of discrimination are explicitly protected under California law.
Stronger Legal Recourse
Before SB 1137, employees had to prove discrimination based on a single characteristic. This often failed to capture the full scope of their experiences. The new law:
- Allows claims based on the combination of protected traits, such as race and disability, or gender and religion.
- Provides clearer guidance for courts and enforcement agencies to analyze complex discrimination cases.
Employees now have stronger grounds to pursue claims where multiple factors contribute to the harm they’ve experienced.
Broader Inclusion
Certain groups, such as women of color, LGBTQ+ individuals with disabilities, or older immigrants, often face unique challenges in the workplace due to overlapping biases. SB 1137 directly addresses these compounded forms of discrimination, giving voice to employees who may otherwise have struggled to have their experiences recognized. It also provides greater legal protection for employees from historically marginalized communities, ensuring they are not overlooked or unfairly treated in hiring, promotions, or daily workplace interactions.
Greater Sense of Safety
SB 1137 empowers employees to identify and address forms of discrimination that previously went unrecognized. Knowing the law explicitly protects their intersectional identity, employees are more likely to come forward and assert their rights. This can lead to cultural shifts in workplaces, where biases and discrimination are more effectively addressed.
How the Law Offices of Todd M. Friedman, P.C., Can Help
SB 1137 is a powerful tool for combating nuanced forms of discrimination, but navigating intersectional claims can be legally complex. At the Law Offices of Todd M. Friedman, P.C., we are here to advocate for employees like you. If you believe you’ve experienced intersectional discrimination, we can help you assert your rights and pursue remedies.
SB 1137 represents a landmark shift in California’s anti-discrimination laws by formally recognizing the compounded challenges faced by individuals with intersectional identities. As this law takes effect on January 1, 2025, it reinforces California’s commitment to equity and justice for all.If you’ve been harmed due to intersectional discrimination in the workplace, SB 1137 makes it easier to pursue justice. Contact the Law Offices of Todd M. Friedman, P.C. today to learn more about how this law impacts you and how we can help.
