What Is Intersectional Harassment in the California Workplace? 2025

It’s important for employers and employees to be aware of workplace discrimination and harassment in all forms. So, what is intersectional harassment in the California workplace? In California, where diversity is one of the state’s defining characteristics, understanding intersectional harassment is essential for fostering a safe and inclusive work environment.

Explore what intersectional harassment is, how it manifests in the workplace, legal protections available under California law, and how employers and employees can both address it and prevent it.

Intersectional Harassment

Intersectional harassment refers to workplace harassment that targets individuals based on multiple overlapping identities, such as:

• Gender
• Race
• Sexual orientation
• Disability
• Age

Unlike traditional harassment claims that focus on a single protected characteristic, intersectional harassment acknowledges that individuals can face multiple forms of discrimination simultaneously.

How Intersectional Harassment Manifests in the Workplace

Intersectional harassment in the workplace can take many forms.

• Verbal harassment. This could involve derogatory comments, slurs, or jokes that target multiple parts of a person’s identity, such as gender and race. Stereotyping remarks about an employee’s background and abilities based on intersecting characteristics also fall under this category.
• Microaggression. This comprises subtle discriminatory comments or behaviors that reinforce stereotypes or marginalize employees.
• Unequal opportunities. This could mean discrimination in the hiring, promoting, or assignment practices.
• Hostile work environment. This involves an environment where employees with intersecting marginalized identities feel unwelcome, unsafe, or unsupported, such as being excluded from workplace events or consistently being assigned less-desirable tasks.
• Retaliation for reporting harassment. In California, it is illegal for an employer to retaliate against an employee who reports intersectional harassment. Retaliation could take the form of a demotion, negative performance evaluations, or termination.

Legal Protections for Intersectional Harassment

California boasts strong anti-discrimination and harassment laws, which offer protections to employees who experience intersectional harassment. Some of these protections include:

• The Fair Employment and Housing Act (FEHA). FEHA prohibits workplace harassment and discrimination, protecting workers from hostile work environments.
• California labor code and retaliation protections. California laws are set in place to prevent employers from retaliating against employees who report harassment or discrimination. Retaliation can involve firing or demotion.
• Sexual harassment laws. California’s strong sexual harassment laws protect employees from unwanted sexual advances and gender-based harassment. Intersectional harassment that involves sexual harassment can fall under state law.
• California Department of Fair Employment and Housing complaints. Employees who experience intersectional harassment can file complaints with this governing body, which investigates workplace discrimination and can take legal action against the employer.

Handling Intersectional Harassment in the Workplace

Employees should be well-informed of their rights in the workplace and familiarize themselves with California’s harassment laws to better understand how and when to file complaints. If you experience intersectional harassment, keep a detailed record of the experiences, including dates, times, witnesses, and any other details that can strengthen your case.

Speak up if you feel uncomfortable, and report the harassment directly to human resources. Joining employee groups or seeking legal representation can help you receive additional support and guidance.

Employers should also be prepared to take steps to prevent harassment in the workplace. These steps might include:

• Implementing comprehensive anti-harassment policies. These policies should address intersectional harassment and include clear reporting procedures.
• Conducting regular Diversity, Equity, and Inclusion (DEI) training. Training should educate employers about intersectionality and unconscious bias to prevent discrimination in and out of the workplace.
• Encouraging inclusive leadership. Employers should actively support diverse leadership so that decision-making includes the perspectives of marginalized groups within the company.
• Establishing strong reporting mechanisms. It’s imperative that employees feel safe reporting harassment without fear of retaliation. Employers should provide employees with safe and confidential ways of reporting these incidents – taking these complaints seriously and investigating them promptly.

FAQs

Q: What Is an Example of Intersectional Harassment?

A: Intersectional harassment occurs when discrimination is based on multiple overlapping identities, such as race, gender, sexuality, or disability. An example of this could be an LGBTQ+ individual of color facing derogatory remarks that target both their sexual orientation and their ethnic background. Intersectional harassment recognizes that multiple forms of discrimination can compound, creating a more severe version of mistreatment.

Q: What Is an Example of Intersectionality in the Workplace?

A: An example of intersectionality in the workplace might be a disabled person of color whose requests for workplace accommodations are ignored, while able-bodied colleagues of the same race receive fair treatment. Another example might be a non-white woman putting in for a promotion, but getting overlooked while her white female coworkers receive the opportunity instead.

Q: What Qualifies as Workplace Harassment in California?

A: In California, workplace harassment comprises unwelcome conduct based on protected characteristics, such as race, gender, religion, disability, age, sexual orientation, or marital status. This could include verbal abuse, derogatory remarks, or physical intimidation. Harassment becomes unlawful when it creates a hostile work environment or results in adverse employment actions.

Q: Does California Recognize Visual Harassment?

A: California does recognize visual harassment as a form of unlawful workplace harassment under the Fair Employment and Housing Act. Visual harassment might include cartoons, posters, offensive images, or gestures that create a hostile work environment. If the behavior affects an employee’s ability to work comfortably, legal action may be necessary. Employees may also file a complaint with human resources.

Contact an Intersectional Harassment Lawyer Today

If you have experienced intersectional harassment in the workplace, Fulton Law Corporation can help you get the justice you deserve. Workplace discrimination and harassment can be complex, especially when multiple protected characteristics intersect to create compounded discrimination. Our experienced Lodi sexual harassment lawyers understand the complexities of these cases and are committed to protecting your rights.

If you’re unsure what intersectional harassment in the California workplace involves, we can examine the evidence of your case and help you determine whether legal action is necessary. We work with you to ensure your claim is properly filed and help you gather additional evidence to prove your case. Because proving intersectional discrimination can be difficult, it’s imperative that you have a knowledgeable legal representative to walk you through the process.

Contact our office today to schedule a confidential consultation to assess your case. Whether you need advice, mediation, or representation, the team at Fulton Law Corporation can work with you to explore your legal options and advocate for your rights in the workplace.