In a groundbreaking move, California has become the first jurisdiction to explicitly adopt the concept of intersectionality with the passage of SB 1137. This law protects the overlapping claims of discrimination under the state’s anti-discrimination laws. As defined within SB 1137, intersectionality refers to the "unique, interlocking forms of discrimination and harassment experienced by individuals in the workplace and throughout society, particularly Black women, in contrast to Black men and White women." Under this new legislation, the Fair Employment and Housing Act (FEHA) will now expressly protect individuals from discrimination based on the intersection, or combination, of any of the currently recognized protected characteristics. This legal advancement marks a significant step in addressing how multiple aspects of identity, such as race and gender, interact to shape individuals' experiences of discrimination and privilege.
This new law underscores the importance of intersectionality, a framework that has become central to contemporary discussions of social justice. Understanding how different aspects of identity—such as race, gender, class, and sexuality—intersect is critical to addressing the complex forms of discrimination that people face in both legal and everyday contexts.
Understanding Intersectionality: A Path to More Inclusive Social Justice
Intersectionality is a framework that has profoundly influenced how we think about identity, privilege, and oppression. Coined by legal scholar Kimberlé Crenshaw in 1989, intersectionality highlights the way different aspects of a person’s social and political identities (such as race, gender, class, sexuality, and disability) intersect to create unique modes of discrimination and privilege. It reveals how people can experience overlapping forms of oppression or privilege, depending on the combination of their identities.
This concept has evolved into a cornerstone of contemporary discussions on social justice, equity, and inclusion. By examining the complex ways that social categorizations intersect, we can better understand the lived experiences of individuals and the systems of power that affect them.
The Origins of Intersectionality
Kimberlé Crenshaw developed the term "intersectionality" while studying legal cases that highlighted the limitations of how the law dealt with discrimination. Specifically, she was concerned about how the law often failed to account for the unique discrimination faced by Black women, whose experiences could not be fully understood when analyzed solely through the lens of either race or gender. Crenshaw pointed out that treating these categories as mutually exclusive meant ignoring the compounded nature of the discrimination they faced.
In her groundbreaking essay Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics (1989), Crenshaw argued that systems of oppression—such as racism, sexism, and classism—do not act independently of each other. Instead, they interact in complex ways to create new dynamics of inequality. She used the term "intersectionality" to describe this phenomenon, emphasizing the need for legal, political, and social frameworks that consider these intersections.
Intersectionality in Theory and Practice
The concept of intersectionality has broadened since its inception, encompassing more aspects of identity beyond race and gender. Scholars, activists, and advocates have applied it to a wide array of social identities, including sexuality, class, ability, religion, nationality, and more. By recognizing that individuals experience multiple and simultaneous oppressions, intersectionality challenges us to move beyond one-dimensional understandings of identity and inequality.
For example, a white woman and a Black woman may both experience sexism, but their racial identities influence how that sexism plays out in their lives. A wealthy queer person will likely face fewer barriers than a working-class queer person, even though both may experience homophobia. Intersectionality insists that we must consider how these identities overlap and how the systems of power that uphold privilege and discrimination function in tandem.
In practice, intersectionality pushes for more inclusive approaches to social justice. Rather than focusing on a single axis of oppression (e.g., sexism or racism), activists and advocates are increasingly working to develop coalitions and strategies that address the ways in which various forms of oppression interact. It encourages a more nuanced approach to policy-making, activism, and social justice work, recognizing that marginalized individuals do not experience oppression in isolation.
Why Intersectionality Matters
Intersectionality is vital for several reasons. First, it offers a more comprehensive understanding of inequality. Without an intersectional lens, we risk oversimplifying how oppression works. For example, if we were to address gender inequality without considering race, we might overlook the distinct ways in which women of color are affected. Similarly, focusing solely on class might ignore how classism, ableism, and sexism intersect in the lives of working-class disabled women.
Second, intersectionality creates space for people with multiple marginalized identities to have their experiences acknowledged. Too often, movements for social change have marginalized or erased the experiences of individuals who fall outside the dominant group. For instance, early feminist movements often centered the experiences of white, middle-class women while ignoring or minimizing the struggles of women of color, poor women, or queer women. Intersectionality calls for more inclusive and representative movements that do not reproduce the very hierarchies they seek to dismantle.
Lastly, intersectionality is crucial for building solidarity across different social movements. By recognizing that systems of oppression are interconnected, activists can identify commonalities and shared struggles. This, in turn, helps to build alliances across movements—whether it’s feminism, LGBTQ+ rights, racial justice, or disability advocacy. When we understand how oppression affects people in multiple ways, we can create more effective coalitions that work toward dismantling all forms of inequality.
Critiques of Intersectionality
While intersectionality has been embraced by many, it has also faced criticism. Some detractors argue that the concept can be too complex or unwieldy to apply in practical ways, particularly in policy-making. They claim that the more factors we consider, the harder it becomes to craft targeted, effective solutions to social problems.
Others have critiqued the ways in which intersectionality has been co-opted or diluted in popular discourse. As the term has gained mainstream traction, some argue that its radical potential has been lost. They point out that intersectionality has been used as a buzzword without a deep understanding of its political implications, leading to superficial applications of the concept that fail to challenge systemic inequalities.
There is also a concern that focusing on individual identity categories could lead to an overly fragmented approach to social justice. Critics worry that emphasizing identity politics might overshadow the need for broad, collective action against systems of power, like capitalism or patriarchy.
Responding to Criticism
In response to these critiques, supporters of intersectionality argue that the framework's complexity is precisely what makes it so useful. While it is true that intersectionality can be challenging to apply, advocates argue that addressing complex problems requires complex solutions. Intersectionality helps to avoid the trap of "one-size-fits-all" approaches to inequality by highlighting the need for context-specific responses.
Moreover, while identity politics is sometimes framed as divisive, intersectionality—properly understood—does not ask us to prioritize identity over collective action. Instead, it helps us understand how systems of power operate in interconnected ways, allowing for more inclusive and effective strategies for change.
Finally, advocates of intersectionality push back against the idea that its popularity has weakened its radical edge. They argue that even as intersectionality becomes more mainstream, its core principles remain potent tools for critiquing power and privilege. It continues to offer a vital lens through which to understand and combat systemic oppression.
The Future of Intersectionality
As social justice movements continue to evolve, intersectionality will remain a tool for understanding and challenging inequality. Whether in the context of feminist movements, racial justice, or LGBTQ+ activism, intersectionality provides a way to ensure that no one is left behind in the fight for equality.
In a world where inequality is deeply embedded in multiple, intersecting systems of power, intersectionality is more relevant than ever. It calls on us to move beyond simplistic categories and toward a more nuanced understanding of how identity shapes our experiences. By recognizing the complexities of oppression and privilege, we can work toward a more inclusive and equitable future for all.
In sum, intersectionality is not just a theory but now a call to action—one that California has proactively taken action to protect. It is now up to employers to incorporate this new protection into all upcoming harassment prevention training programs.
The Talent Authority team has been delivering harassment prevention training for over 25 years. Allow our team of professionals to help you navigate this new California protection. Contact us to help your organization.
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