Workplace discrimination continues to be a common experience for many employees who belong to a protected class. Sometimes, however, a worker may experience a specific form of discrimination when they belong to more than one protected class, and the biases start to layer.
This is known as intersectional discrimination, and California specifically highlighted and outlawed it via SB 1137, which went into effect on Jan. 1, 2025.
What does intersectional discrimination look like?
It can sometimes be difficult to spot intersectional discrimination. Here are two examples:
- Example 1: You are a Black woman. While your employer seems to be fine with promoting Black male employees and fine with promoting women of other ethnicities, they never promote any Black women to management or supervisory roles. You find out that they believe that Black women, in particular, are too “aggressive” and “angry” to be good with customers or good leaders.
- Example 2: Your employer seems to think older men are worthy of leadership roles because they seem mature and have “the voice of experience.” Younger women are given leadership roles because they’re seen as energetic “go-getters.” You’re an older woman, however, and your boss says that older women only seem “soft” and “motherly,” not businesslike.
In both cases, the employee only faces discrimination because of the way their characteristics intersect. Without one factor or the other, the discrimination wouldn’t happen. While genuinely a form of discrimination, it sometimes flies under the radar because of the unique issues involved.
When an employer discriminates against an employee, they are unlikely to admit to it, and may try to hide behind a host of alternative reasons. You may need to seek experienced legal guidance to understand your options and improve your chances of holding them to account.
