What happened?

On September 27, 2024, Governor Newsom signed SB 1137, amending the California Unruh Civil Rights Act.

Quick Summary:

• Overview: the law explicitly recognizes the concept of intersectionality in the state’s anti-discrimination laws, revising existing laws to include protections against discrimination based on a combination of protected characteristics.

• SB 1137 aims to create a more inclusive and equitable workplace by recognizing and addressing the complexities of intersectional discrimination.

What are the details?

• Unruh Civil Rights Act: The law guarantees full and equal accommodations in all business establishments regardless of various characteristics, including sex, race, and disability. These protections extend to perceived characteristics or associations. The revised definition includes any combination of these characteristics, ensuring comprehensive protection against intersectional discrimination.

• California Fair Employment and Housing Act (FEHA): The law establishes the Civil Rights Department to enforce housing and employment civil rights laws, prohibiting discriminatory practices. It includes remedies for discrimination based on multiple protected traits, updates definitions to cover any combination of these traits, and clarifies these provisions as existing law.

• Additional Provisions: Incorporates changes proposed by AB 1815 and SB 1022, making these changes operative only if those bills are enacted and SB 1137 is enacted last.

Business Considerations

• Employers should revise their anti-discrimination policies and update them to include protections against intersectional discrimination.
• Employers should communicate any policy updates and new procedures to all employees, ensuring they understand the expanded protections and how to report any issues.

Source References

• CA SB 1137
• California State Senate Proposes “Intersectional” Approach to Overlapping Discrimination Claims (Proskauer Rose LLP)

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