Workers in California can be harassed for a combination of protected characteristics. When someone is targeted due to their gender and race, for example, the emotional harm can be especially harmful because it compounds the cause behind the discrimination. Any worker who is subjected to intersectional sexual harassment in California has the right to pursue compensation with the help of an attorney who understands employment law.
Understanding Intersectional Sexual Harassment in California
Intersectional sexual harassment continues to play a prominent role in civil claims and administrative complaints throughout California. In April 2025, the City of Oakland agreed to pay $1 million to a former public information officer who alleged she was sexually harassed and discriminated against based on both her race and gender.
After reporting the misconduct, Walters claimed she was wrongfully terminated. Her case illustrates how multiple forms of bias can intersect in the workplace, compounding the harm and making it harder for victims to be heard or protected.
California formally addressed this issue through Senate Bill 1137, which took effect on January 1, 2025. This landmark law amended the Fair Employment and Housing Act to explicitly recognize that harassment or discrimination based on a combination of protected characteristics, such as race, gender, and sexual orientation, is unlawful.
Discrimination continues to be the basis for complaints to state agencies. In its 2023 Annual Report, the California Civil Rights Department reported receiving 1,351 complaints related to sex and gender discrimination, many involving overlapping factors like race or identity.
Common Examples of Intersectional Sexual Harassment
Intersectional sexual harassment occurs when employees are targeted based on a combination of protected traits. These can include sex, race, gender, sexual orientation, and age, among others. In California, targeted groups often include women of color, LGBTQ+ workers, and individuals who practice non-Christian religions.
One example of intersectional sexual harassment could include a Latina restaurant worker in East Los Angeles who is subjected to sexual comments tinged with racial stereotypes. It could also involve a Black female engineer in Silicon Valley who is repeatedly ignored in meetings despite her years of experience. In some Central Valley warehouses, women from immigrant communities may be at higher risk of being subjected to unwanted sexual advances.
Steps to Take Following Intersectional Sexual Harassment
The steps you take after being subjected to intersectional sexual harassment can greatly influence your eligibility for compensation through the filing of an administrative complaint or civil action in court. You can start by documenting every detail of the incident. Include the date, time, location, and names of people who were involved or witnessed the events.
The next step should be to report the behavior to a supervisor or directly to HR. Before taking further action, it can be beneficial to give your employer the opportunity to remedy the problem and take corrective actions that could include compensating you for the harm you suffered and creating or modifying company policies to address those problems.
Hiring an employment lawyer can be an important step at any point in the process. Your lawyer can handle negotiations between you and your employer. Having legal representation can go a long way to ensuring that you are treated fairly and taken seriously.
FAQs
Q: What Is Intersectional Harassment?
A: Intersectional harassment happens when someone is targeted for multiple protected traits at once, such as being both a woman and a person of color. In California workplaces, this can take the form of racialized sexual comments or biased treatment based on stereotypes. The law allows employees to pursue claims based on combined discrimination. Recognizing the layered harm helps support stronger workplace protections and accountability.
Q: How Does California Law Address Intersectional Sexual Harassment?
A: California law recognizes that harassment can involve more than one protected category. Intersectional sexual harassment involves conduct targeting both sex and another trait, like race or national origin.
Courts look at the combined effect of this behavior. Under the Fair Employment and Housing Act, employers must investigate and correct discriminatory conduct that crosses identity lines. Overlapping harassment claims deserve a thorough legal review and documentation.
Q: Can Visual Conduct Contribute to Intersectional Harassment in California?
A: Yes, visual conduct like offensive gestures, photos, or body language can support a claim for intersectional harassment. For example, displaying images or making faces that are both sexually and racially charged may contribute to a hostile work environment. California law includes visual behavior under its harassment definitions. Carefully documenting each incident can position you for a strong complaint that leads to accountability and compensation.
Q: Can Employees Experience Harassment Based on Both Race and Gender?
A: Yes, employees in California can face harassment that targets both race and gender. This often includes comments or treatment rooted in racialized stereotypes about appearance, behavior, or roles. The law does not require victims to separate those harms into different claims. Intersectional experiences are protected under state law. Reporting patterns that reflect bias across categories helps ensure that the full impact is addressed.
Q: Do Employers Have a Legal Duty to Prevent Intersectional Harassment in the Workplace?
A: Yes. Under California law, employers are legally required to take all reasonable steps to prevent harassment, including intersectional harassment. That means maintaining clear anti-harassment policies, providing regular training, and responding promptly to complaints that involve combined discrimination based on sex, race, national origin, or other protected traits.
When an employer fails to take reasonable steps to prevent discrimination or investigate allegations, they can be liable for any harm that is caused.
Protect Your Rights by Contacting Diefer Law Group, P.C., Today
Intersectional sexual harassment involves overlapping discrimination based on sex and race or other protected traits. California law recognizes the compounded impact of this type of harassment and protects employees from such unlawful behavior. Victims often face unique challenges in proving their claims, but the law provides tools to address these complex situations.
At Diefer Law Group, P.C., we are experienced in handling cases involving intersectional harassment. Our attorneys provide personalized, thorough representation to help you secure justice and fair compensation. Contact our office today to schedule your consultation and learn how we can provide the exceptional legal services that you deserve.
