MOVING BEYOND THE SURFACE: A WORKPLACE INVESTIGATOR’S EYEVIEW

By Christina Ro-Connolly

In workplace and school investigations involving Title VII and FEHA complaints, intersectionality provides an essential lens for understanding the full scope of alleged discrimination. Complainants often describe experiences that cannot be attributed to a single protected category, but rather to the compounded effect of multiple, intersecting identities. For example, individuals who identify as Latina may report being treated differently not solely because of their race, ethnicity, or gender—but because of the unique interplay of all three.

An intersectional approach prompts investigators to move beyond surface-level assessments and consider how biases may manifest in complex, overlapping ways. Disparate treatment may appear neutral when analyzed in isolation, but becomes apparent when viewed through the combined context of race, gender, and ethnicity. Investigators must remain attentive to language, behavior patterns, and organizational dynamics that reflect these layered realities.

Examples from recent investigations underscore this complexity.