California continues to lead the nation in workplace regulations, and SB 1137 is the latest addition to its anti-discrimination laws. Signed into law on September 27, 2024, SB 1137 incorporates the concept of intersectionality into the California Fair Employment and Housing Act (FEHA). This change expands the scope of discrimination claims, creating new obligations—and potential risks—for employers. Here’s what business owners need to do to protect themselves.
What SB 1137 Changes for Employers
SB 1137 makes it clear that California employers can no longer evaluate discrimination claims based solely on one characteristic, such as race, gender, or age. Instead, the law recognizes that employees may face unique biases at the intersection of multiple traits. For example, a policy that unintentionally impacts Latina employees with disabilities could now be the basis for a discrimination claim, even if it wouldn’t harm employees with just one of those traits.
For employers, this means every workplace decision—hiring, promotions, disciplinary actions—could face added scrutiny. Policies and practices that seemed neutral in the past may now be called into question if they have an outsized impact on employees with intersecting characteristics.
SB 1137 raises the stakes for businesses. Intersectional discrimination claims are likely to bring more nuanced and complex investigations, increasing the time and resources required to address them. Additionally, employers face greater legal exposure if they fail to account for these new protections. Employers should recognize this law as a sign that regulators are looking for gaps in compliance—and take steps now to address potential vulnerabilities.
Protecting Your Business
To minimize risk under SB 1137, employers should evaluate their current policies and practices with the help of experienced advisors. Here’s where to start:
- Policy Audits: Review your workplace policies, from hiring practices to performance evaluations, to ensure they don’t unintentionally disadvantage employees with intersecting traits.
- Targeted Training: Train managers and HR staff to recognize and prevent intersectional discrimination.
- Clear Complaint Procedures: Update internal reporting processes to handle intersectional claims effectively and consistently.
- Documentation: Maintain thorough records of all employment decisions to demonstrate fairness and compliance if a claim arises.
A New Layer of Compliance
California employers already face some of the strictest workplace regulations in the country. SB 1137 adds yet another layer to an already complicated employment law framework. While businesses may feel frustrated by the ever-expanding scope of employment laws, ignoring these changes is just inviting legal trouble.
Employment law in California is constantly evolving, and SB 1137 is a reminder that compliance requires diligence and adaptability. Business owners don’t have to navigate these changes alone, though. For guidance regarding employment law, contact Integrated General Counsel, P.C. at (925) 399-1529. Protect your business by staying ahead of the curve.
