Understanding SB 1137: What California Employers Need to Know About Intersectionality
By Hilda Covarrubias
May 20, 2025
Employers across the state must now comply with an expanded framework for identifying and addressing discrimination in the workplace. California Senate Bill 1137, signed by Governor Newsom on September 27, 2024, amends California’s anti-discrimination laws to cover claims based on a combination of protected characteristic, or “intersectionality” in the state’s civil rights law. This law became effective January 1, 2025.
What Is Intersectionality and Why Does It Matter for Your Workplace?
Intersectionality as defined by the Legislature, “is an analytical framework that sets forth that different forms of inequality operate together, exacerbate each other, and can result in amplified forms of prejudice and harm. The framework and term “intersectionality,” . . . captures the unique, interlocking forms of discrimination and harassment experienced by individuals in the workplace and throughout society. . .”
With the passage of SB 1137, California’s anti-discrimination law aims to protect employees from this compounded form of discrimination. SB 1137 recognizes intersectional discrimination, that is, discrimination based on the combined effect of two or more protected classes, such as sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. California’s adoption of intersectionality provides an avenue for employees who experience discrimination because of two or more protected classes at the same time to bring these claims forward without the need to bifurcate their experience by each individual protected class.
Recommendations for Employers When Considering Intersectionality.
- Expanded Liability:
Employers may now be held liable for discriminatory practices that stem from the intersection of multiple protected characteristics—even if no single characteristic would have triggered a legal violation on its own.
- Policy Updates:
Employers should update their handbooks and other policies to include language recognizing intersectional discrimination.
- Training Enhancements:
Employers can take steps toward compliance such as: auditing existing policies and training, proper training of supervisors and HR staff, and strengthening reporting mechanisms. HR departments and supervisory teams should be trained to recognize and respond to complaints that stem from multiple protected classes.
- Documentation and Procedures:
Complaint investigation processes should identify complex patterns of discrimination.
Following these steps will not only reduce legal risk, but also will foster a more equitable, inclusive, and productive workplace. Employers are encouraged to consult with trusted attorneys such as Styskal, Wiese & Melchione LLP attorneys to review their current policies and procedures and ensure their investigative procedures and discrimination, harassment, and retaliation training account for compliance related to intersectionality.
About the Author
Hilda Covarrubias
Hilda Covarrubias is a Paralegal at SW&M, bringing extensive experience in legal support across various practice areas. With a strong background in litigation, case management, and client relations, Hilda plays a key role in assisting attorneys with document preparation, research, […]
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