Misrepresentation of SB 403 explained

---

Misrepresentation #1: Current laws already provide necessary and complete protection against all discrimination FACT: The laws that codify civil rights in California have an explicit list of protected categories which include race, sex, color, religion, disability, citizenship and national origin. Though caste is inextricably intertwined with existing legal protections, it not being explicitly protected makes it harder for individuals who are being targeted on the basis of their caste to come forward with their complaints. It is better to clearly and comprehensively protect against all forms of discrimination so that all individuals feel safe from discrimination.

Misrepresentation #2: Results in religious profiling, stereotyping, stigma for being a Hindu or Indian American FACT: Existing law already protects Californians to practice any religion of their choosing without discrimination. Ethnicity is also a protected category. Californians can rest assured that these freedoms and protections are not going away just because Caste protections are being added. If one doesn’t harass or discriminate against someone else based on their caste, there is nothing to worry. Meanwhile, if you do engage in problematic casteist behavior, then yes, the law will hold you accountable. If not, your life is going to be unchanged.

Misrepresentation #3: Denies South Asians equal protection and due process under the law FACT: “Innocent until proven guilty” is codified in the US constitution. This is plain fear mongering by members of the historically dominant castes.

Also, the bill clarifies that “While caste systems are strongly associated with South Asia, similar systems exist in regions including, but not limited to, South America, Asia, and Africa”. Caste is not exclusively a South Asian phenomenon according to the text of the bill. Claiming this is a blatant lie.

Our Civil Rights law also protects us from being discriminated against by dominant groups based on ethnicity or national origin. This bill will protect those who are at the intersection of ethnic minority and oppressed castes from across the world.

Misrepresentation #4: Creates a presumption of guilt based on last names, dietary habits, religious markers, etc. Administrators simply treat people of South Asian origin as presumptively guilty FACT: This is a misinterpretation of the bill. The bill only outlaws discrimination in businesses, workplaces, housing and educational institutions. Anyone who discriminates will be held accountable irrespective of their last name, dietary habits or religious affiliation

Misrepresentation #5: We don’t have caste identities. This bill will make me identify with one and thus brings caste to the US, where it doesn’t exist FACT: This bill is not about caste identities or whether one identifies with a particular caste. It simply outlaws discrimination based on caste. Also, a group of people identifying as caste-blind doesn’t make a casteless society – most people from the oppressed castes don’t have the privilege of being blind to the discriminatory practices they face. While caste identities are revealed, here in the US, by memberships in caste affinity groups and matrimonial/ dating apps quite plainly, caste practices also manifest in subtler ways on a day to day basis. For examples of how caste manifests among the local population here, please read some of the testimonials shared by individuals.

Misrepresentation #6: Paints South Asians as a Bigoted Immigrant Group FACT: South Asians are as bigoted and as egalitarian as any other group of people. This bill addresses only bigoted amongst us and makes it illegal for them to behave in bigoted ways. It will be a no-op for the rest of us!

Misrepresentation #7: Caste doesn’t exist in the US, so this bill is not needed FACT: Historically, immigrants to the US were mainly from privileged caste groups. This dominant-caste homogeneity produced a “casteless” narrative in the USA. However, globalization and the proliferation of digital technology opened employment opportunities for oppressed caste groups in America. In such a scenario, when an oppressed caste person arrives on these shores and wants to find a space to belong to, they typically find themselves in predominantly dominant caste spaces, which is made clear through their dialects, vocabulary and casteist slurs, derogatory speech about people who use affirmative action/ meritless candidates, othering speech. At this juncture, many of them, wanting to feel safe, play along to not ruffle feathers nor expose their own otherness. The caste oppressed live in constant fear of their caste status being outed in these groups through direct probing or indirect scrutiny. On the other hand, when an oppressed caste person does face discrimination, for example, in the workplace, many of them may not feel safe talking about it or making complaints. This is due to the preponderance of dominant caste people in hiring and firing roles. These are some of the reasons why you may not have heard about or seen caste discrimination in the US, even though it does exist. Please read testimonials from individuals who have faced discrimination in the US based on their caste to learn more.