Intersectional Discrimination Protections Under FEHA

How California Law Supports Complex Claims

When we talk about workplace discrimination in California, most people think in terms of single, isolated categories—like race, gender, or disability. But what happens when someone experiences discrimination that spans multiple identities at once?

California’s Fair Employment and Housing Act (FEHA) is one of the most progressive laws in the country when it comes to protecting employees, and it allows for what’s known as intersectional discrimination claims—cases where more than one protected category is involved.

In this article, we’ll break down what intersectional discrimination is, how FEHA protects employees facing it, and what you can do if you believe you’re experiencing layered discrimination at work in California.

What Is Intersectional Discrimination?

Coined by legal scholar Kimberlé Crenshaw, intersectionality refers to how different aspects of a person’s identity (such as race, gender, age, and disability) intersect and create unique experiences of oppression and discrimination.

For example, a Black woman might not only face racial discrimination or gender discrimination individually—but also a specific kind of discrimination because of the combination of both. A company might treat Black women differently than they treat Black men or white women, making it hard to separate the two categories into distinct claims.

FEHA acknowledges that these overlapping identities can create unique challenges and provides legal pathways for victims to bring forward such claims.

FEHA: One of the Most Inclusive Employment Laws in the Nation

Under California’s FEHA, employers with five or more employees are prohibited from discriminating against workers based on any of the following characteristics:

• Race and color

• National origin and ancestry

• Religion

• Sex, gender, gender identity, and gender expression

• Sexual orientation

• Age (40 and over)

• Disability (physical or mental)

• Marital status

• Military or veteran status

• Genetic information

Importantly, FEHA does not require victims to separate their experiences into neat legal boxes. Instead, courts in California have recognized that multiple protected traits can—and often do—interact to form the basis of a valid discrimination claim.

How Intersectional Discrimination Shows Up in the Workplace

Intersectional discrimination can be subtle or overt. Here are a few examples:

• Hiring bias: A Latina woman is passed over for promotions repeatedly, while white women and Latino men with less experience are moved up.

• Stereotyping: An older Black employee is labeled “difficult” or “aggressive” when offering feedback, while younger or white colleagues are praised for being assertive.

• Microaggressions: An Asian LGBTQ+ worker is subjected to jokes that target both their ethnicity and gender identity, creating a hostile work environment.

• Disciplinary action: A disabled Muslim woman receives harsher penalties for minor infractions compared to others who commit similar offenses.

These scenarios highlight how the intersection of identities can lead to more severe and complex forms of bias.

Challenges in Proving Intersectional Discrimination

While FEHA recognizes intersectionality, proving such cases can be more complex than single-issue claims. Common challenges include:

• Lack of precedent: Although California law allows for intersectional claims, some judges or employers may still view them as novel or untested.

• Subtle patterns: Employers rarely admit to discriminatory motives. Intersectional bias often emerges through patterns of behavior over time, which means employees must collect and present solid documentation.

• Isolation: Victims of intersectional discrimination may feel particularly isolated, as their experiences don’t fit neatly into established categories.

That’s why documenting incidents, emails, reviews, and conversations—and speaking with a qualified employment lawyer—is critical.

What You Can Do If You Experience Intersectional Discrimination

If you believe you’ve been discriminated against based on a combination of protected characteristics, here are the steps you should take:

1. Document Everything: Write down dates, names, and descriptions of discriminatory incidents. Save emails, performance evaluations, and internal communications.

2. File an Internal Complaint: Use your company’s HR process or grievance procedure. This helps establish a paper trail and gives the employer a chance to respond.

3. File a DFEH Complaint: You must file a complaint with the California Civil Rights Department (formerly DFEH) before you can sue. You can do this online or with the help of an attorney.

4. Consult a California Employment Lawyer: Navigating intersectional claims requires legal expertise. A seasoned attorney can help frame your case and guide you through the process.

5. Explore Damages and Remedies: If your case is successful, you may be entitled to reinstatement, back pay, front pay, emotional distress damages, and in some cases, punitive damages.

Why This Matters in 2025

As California workplaces become more diverse, the need for robust legal protections that reflect real-world experiences has never been greater. The state’s courts are increasingly receptive to intersectional claims, and legal experts are urging employees and employers alike to recognize the compounded impact of multiple forms of bias.

In 2025, California remains a leader in employment rights. But laws are only as powerful as the people who invoke them. Understanding your rights—and asserting them when necessary—is essential to creating fair and equitable workplaces for everyone.

Final Thoughts

If you’ve been mistreated at work and feel that it’s not just one part of your identity being targeted—but the intersection of several—you may have a strong case under FEHA. Don’t let the complexity of the law discourage you from seeking justice. With the right legal guidance and evidence, you can hold your employer accountable and potentially pave the way for others experiencing the same.