Workplace discrimination is a multifaceted issue. It often transcends a single category of protected class, such as race, gender, or religion, to encompass the intersection of various identities. Those who encounter workplace discrimination often endure challenging and painful ordeals shaped by their identities. Seeking justice requires understanding these intersectional stories and the hardships these individuals have suffered.
At Sanford Heisler Sharp McKnight, we are dedicated to confronting workplace discrimination in all its forms, and well-versed at addressing intersectional discrimination. Our attorneys bring to light the lived experiences of those with intersectional identities who have been subjected to discrimination or harassment at work. Our work to expose those wrongs encompasses representing clients in pre-suit legal actions, individual suits, and high-impact class action litigation.
Examining Discrimination Claims Based on Intersecting Identities
State and federal laws make it illegal for employers to discriminate against employees or prospective hires based on protected characteristics such as race, age, gender, gender identity, sex, sexual orientation, religion, disability, and pregnancy. Discrimination can manifest in various forms, including:
- Disparate pay or benefits
- Denied opportunities for advancement
- Discriminatory hiring practices
- Wrongful termination
- Harassment
- Hostile work environments
- Retaliation for raising concerns about unlawful discrimination.
It is not uncommon for employees who face discrimination to have their mistreatment based on multiple identity characteristics rather than a single trait, and it is important for these employees to have counsel that understands how intersectional discrimination can operate differently and have compounding effects.
The nuances of intersectional discrimination cases can be easily overlooked. For example, women of color in leadership roles, such as a Black female manager, might be dismissed or passed over for promotions due to perceived concerns like being “too bossy” or having “tone issues.” This type of discrimination may be different than the types experienced by Black male or white female managers, but it can be profoundly harmful and far-reaching in its impact. If one reviews this treatment only within the silo of gender discrimination or race discrimination, this very profound and very real intersectional discrimination claim can be overlooked.
Given these complexities, addressing intersectional discrimination requires a detailed and discerning approach. Effective advocacy must illustrate the numerous barriers imposed upon those whose mistreatment is based on multiple protected characteristics.
At Sanford Heisler Sharp McKnight, our team has a substantial record of success when handling these types of cases. Our judicious approach involves a thorough and careful consideration of the many layers of discrimination and other potential employment law violations that our clients endure. We strive to accurately represent these realities to demonstrate the impact of intersectional discrimination and the toll it takes.
Inspiring Change Through Employee Rights Litigation
Litigation can play a crucial role in enforcing employee rights, exposing intersectional discrimination and harassment, and paving the way toward more equal opportunities for all. Our Discrimination and Harassment Practice Group – led by Co-Chairs Kate Mueting and Schwanda Rountree – has achieved many successful results for victims of intersectional discrimination. By giving underrepresented clients a voice, we address power imbalances by empowering employees to stand up against mistreatment. We frequently uncover widespread patterns of discrimination, and our work in this area makes a meaningful impact for employees on a large scale.
Our Executive Representation Practice Group, led by Co-Chairs David Sanford, Kate Mueting, and Russell Kornblith, also confronts intersectional discrimination. Women and people of color are significantly underrepresented in the upper echelons of corporate America. Those who do reach high-level positions must often overcome obstacles that others rarely encounter. Intersectional discrimination is particularly harmful at this level. It not only impedes the professional progress of the individuals directly affected by it but also limits the diversity of perspectives and leadership styles that shape corporate culture. Our practice group represents high-level and C-suite professionals, physicians, and other attorneys who experience employment discrimination of any kind. We have an extensive record of success in achieving favorable pre-suit settlements that avoid publicity, stress, and lengthy duration of litigation.
Nationwide Advocacy in the Courtroom and Beyond
Our nationwide advocacy also includes supporting groundbreaking legislation. For example, we lent our voice and influence to promote a California bill that would make intersectional discrimination explicitly illegal – the first of its kind in the nation. Our work to influence law and policy demonstrates our commitment to driving systemic change.
At Sanford Heisler Sharp McKnight, we do not just seek equal opportunity for all; we also attempt to embody and model it within our own law firm. The diverse composition of our team reflects our values of diversity, equity, and inclusion. Our firm has been recognized as a leading law firm nationwide for minority attorneys, female lawyers, and female partners by Law360. This diverse makeup not only strengthens our internal culture but also enhances our ability to stand in solidarity with victims of discrimination we represent.