Intersectionality is a critical concept in understanding workplace sexual harassment. It highlights how different aspects of a person’s identity—such as race, gender, class, sexuality, and disability—intersect and make sexual harassment incidents for some individuals more complex and severe than others.
What Is Intersectionality?
The term “intersectionality” was coined by legal scholar Kimberlé Crenshaw in 1989 to describe how different social identities overlap and interact, particularly in the context of discrimination. When it comes to sexual harassment in the workplace, intersectionality describes these experiences as not only being shaped by multiple layers of bias, such as:
- Age
- Race
- Sex
- Class
- Religion
- Physical appearance
- Disability
- Sexual orientation
- National identity
- Immigration status
As a result, it is a compounded form of harassment that is more pervasive and harder to address.
Sexual Harassment and Intersectionality in the Workplace
In many workplaces, sexual harassment policies are designed with a one-size-fits-all approach, often failing to account for the diverse experiences of employees. However, the intersectionality framework shows that individuals who belong to multiple marginalized groups usually face more severe forms of harassment and discrimination. For example:
- Women of Racial/Ethnic Minorities: Women of racial or ethnic minorities may experience sexual harassment that is intertwined with racial stereotypes and biases. For instance, they might be subjected to racialized sexual comments or assumptions that they are more sexually available than their peers.
- LGBTQ+ Individuals: For LGBTQ+ employees, sexual harassment can intersect with homophobia or transphobia, leading to unique forms of harassment. This can include derogatory comments, unwanted touching, or even physical violence.
- Disabled Employees: Employees with disabilities may be particularly vulnerable to sexual harassment, especially if they rely on others for assistance in the workplace. The power dynamics involved in caregiving relationships can be exploited by those who seek to harass or manipulate.
- Low-Income Workers: Workers in lower-wage positions may feel they have little recourse if they are harassed. This financial vulnerability can exacerbate their susceptibility to harassment and reduce their ability to speak out.
The Impact of Intersectional Sexual Harassment
The impact of intersectional sexual harassment can include:
Increased Psychological Harm
The cumulative effect of being harassed on multiple fronts can result in greater emotional and psychological distress. Victims may feel isolated, stigmatized, and unsure of where to turn for help.
Barriers to Reporting
Victims may be less likely to report the behavior due to fear that their experiences will not be fully understood or taken seriously, especially if workplace policies are not designed to address intersectional issues.
Cultural and Social Isolation
Harassment that targets multiple identities can lead to feelings of alienation from both the workplace culture and broader social support networks, making it harder for victims to seek support or recourse.
Legal Options for Victims
Victims of intersectional sexual harassment in California have several legal options to seek justice and compensation. They can file a complaint with the Civil Rights Department (CRD), which enforces state anti-discrimination laws, or a federal claim through the Equal Employment Opportunity Commission (EEOC). The agency will then investigate the claim and may take legal action on your behalf or issue you a “right-to-sue” notice.
Then, you have the option to file a lawsuit in state or federal court, where you can seek compensation for emotional distress, lost wages, punitive damages, and injunctive relief to prevent further harassment. To navigate this process and ensure you have a strong case, it is critical to consult a Los Angeles sexual harassment lawyer as soon as possible. To speak with an experienced harassment attorney, contact Yadegar, Minoofar & Soleymani, LLP today.