California has enacted legislation that clarifies that the California Fair Employment and Housing Act (FEHA) prohibits discrimination on the basis not just of individual protected traits, but also based on the combination of two or more protected traits. The clarification is a result of enactment of Senate Bill 1137 and is effective Jan. 1, 2025.
The Details
Background
The Fair Employment and Housing Act (FEHA) prohibits employment discrimination on the basis of an individual’s actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Senate Bill 1137
Senate Bill 1137 makes clear that, under the FEHA, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decision-making, or veteran or military status includes: any combination of those characteristics; a perception that a person has any combination of those characteristics; or a perception that a person is associated with a person who has, or who is perceived to have, any combination of those characteristics.
The interplay between multiple protected characteristics is often referred to as “intersectionality.”
Next steps
- Review policies and practices to ensure compliance with the changes.
- Provide the model notice to employees once published by the state.
- Train supervisors on the new law.