CA SB 1137

Title: Discrimination claims: intersectionality of characteristics.
Author: Lola Smallwood-Cuevas

Summary
SB 1137, as amended, Smallwood-Cuevas. Discrimination claims: intersectionality of characteristics. (1) Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law defines “sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” for these purposes as including a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.This bill would revise that definition to include any intersection or combination of those characteristics, as specified.(2) Existing law declares that it is the policy of the state to afford all persons in public schools, regardless of specified characteristics, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies. This bill would revise that policy statement to include remedies that will eliminate those discriminatory acts, including discrimination not just because of one protected trait, but also because of the intersection of 2 or more protected bases.For purposes of certain related educational equity provisions, existing law defines “disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes” to include a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.This bill would revise that definition to include any intersection or combination of those characteristics, as specified.(3) Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment and housing without discrimination because of a specified characteristic. The FEHA makes certain discriminatory practices based on those characteristics unlawful. The FEHA also declares that its purpose is to provide effective remedies that will eliminate these discriminatory practices.This bill would revise the above-described declaration on providing effective remedies to specify that it includes discrimination not just because of one protected trait, but also because of the intersection of 2 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 decisionmaking, 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. This bill would revise that definition to include any intersection or combination of those characteristics, as specified. This bill would also state that the above provisions are declaratory of existing law.

Status
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 9). Re-referred to Com. on APPR.

Bill Documents
CA SB 1137 - 04/01/24 - Amended Senate
04/01/24 - CA SB 1137 (04/01/24 - Amended Senate)