California has introduced the concept of “intersectionality” to the state’s Fair Employment and Housing Act (FEHA). In doing so, California has expanded the FEHA to prohibit discrimination not just because of one protected basis, but also because of the combination of two or more protected bases.
The FEHA defines terms used in connection with unlawful practices. These include “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,” which includes a perception that the person has any of those characteristics or is associated with a person who has, or is perceived to have, any of those characteristics.
The newly amended law would revise that definition to include any combination of those characteristics.The amended law is effective January 1, 2025.
