California Senate Bill 1137 (SB 1137) amends the state’s anti-discrimination laws to specifically address claims based on a combination of protected characteristics, or “intersectionality” in California’s civil rights laws.  

Intersectionality conceptualizes how different social identities intersect and at times overlap to create unique instances of discrimination; not just on a single characteristic, but on a combination of protected factors such as race, gender, age, and more. For example, Asian women may experience unique stereotypes and assumptions not experienced by Asian men or white women. This may lead to discrimination or harassment based on a combination of these characteristics, rather than just one protected characteristic alone.  

Under SB 1137, the Fair Employment and Housing Act (FEHA) is amended (as of January 1, 2025) to now explicitly allow individuals to bring allegations of discrimination based on the intersection of multiple characteristics. Specifically, the FEHA is amended as follows: 

“(o) “Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status” includes any of the following:  

1. Any combination of those characteristics.
2. A perception that the person has any of those characteristics or any combination of those characteristics.
3.  A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics. (Cal. Govt. Code section 12926(o) as amended) 

Federal law provides similar protections against discrimination and harassment as outlined in the Equal Employment Opportunity Commission’s interpretive guidance of Title VII of the Civil Rights Act of 1964. 

What Does It Mean 

Intersectionality can affect workplace policies by requiring employers to consider the unique experiences of individuals who belong to multiple protected classes. A few key points to consider include: 

1. Incorporate Anti-Discrimination Training: Existing law requires employers to provide regular training on the state anti-harassment laws. Employers should consider widening the scope of these trainings to include recognizing and preventing discrimination based on multiple characteristics and including the concept of intersectionality and how different forms of discrimination can overlap and impact individuals. 
2. Review and Update Policies and Procedures: As with all new legislative changes, employers should review their existing anti-discrimination policies and procedures to ensure they explicitly address discrimination based on a combination of characteristics. This includes updating employee handbooks, codes of conduct, and complaint procedures to reflect the new legal standards set by SB 1137.