MCLE SELF-STUDY: ADDING ‘LIVED EXPERIENCE’ TO THE LAW: CALIFORNIA CODIFIES INTERSECTIONALITY

AUTHORS^*

Menaka n. Fernando

N. Richard Shreiba

The courts, employee advocates, and employers have all struggled to address cases in which a discrimination claim is based on multiple protected classes. For example, it can be difficult to parse how claiming discrimination based on multiple protected classes impacts discovery, summary judgment, and jury instructions. California has taken the first step to provide clear statutory direction.