A bill now pending in the California State Senate would amend that state’s anti-discrimination law to outlaw discrimination based upon a person’s caste. The proposed law defines caste as “a system of social stratification where each position is characterized by hereditary status, endogamy, social barriers, and other forms of segregation.” The California bill comes on the heels of a similar move by Seattle, Washington, which this past February amended its anti-discrimination law to prohibit discrimination based upon caste.
In recent years, there has been growing concern about discrimination based on caste, especially in states like California that have a significant population of citizens with South Asian heritage. Caste discrimination is deeply ingrained in some societies, particularly in South Asian cultures, where it has been a longstanding social and cultural practice. However, such discrimination is illegal in many countries and is recognized as a violation of human rights. To address this issue in California, the proposed law would outlaw discrimination based on caste.
The proposed law is designed to provide legal protection for individuals who have been discriminated against on the basis of their caste. Like the Seattle ordinance, the proposed California law goes beyond employment discrimination to prohibit caste discrimination in housing, schools as well as financial institutions. Like most laws that ban discrimination in the workplace, the prohibition of caste discrimination in employment would include all aspects of the employment process, including refusing to hire or promote someone, compensation, or subjecting them to harassment because of their caste.
The proposed law has been welcomed by many South Asian communities who have long been advocating for greater recognition of caste discrimination. They argue that caste discrimination is a pervasive problem in California and that legal protection is necessary to ensure that individuals are not subjected to discrimination based on their caste.
Opponents of the law, however, argue that it is unnecessary and could infringe on free speech and religious freedom. Some opponents argue that caste is a complex social issue that is deeply intertwined with religion and that outlawing caste discrimination could be seen as an attack on religious practices. Others argue that caste discrimination is not a widespread problem in California and that existing anti-discrimination laws are sufficient to protect against any instances of discrimination. In fact, individuals and a California state agency have previously brought lawsuits against employers alleging caste discrimination. Despite these objections, however, supporters of the law argue that caste discrimination is a serious problem that cannot be ignored. They point to studies that have shown that caste discrimination is a significant issue in South Asian communities in California — especially in the high-tech industry — and that it has an impact on the lives of those who are subjected to it.
Employers throughout the country should keep their eyes focused on California to see if new laws prohibiting caste discrimination will be introduced in other states and municipalities.
