California Legislature Aims To Prevent Workers’ Comp Discrimination

The California Legislature is considering a workers’ compensation bill that would prohibit a physician’s apportionment determination from considering certain discriminating characteristics as a cause or factor of disability.

According to the text of bill SB 145, existing workers’ compensation law generally requires employers to secure the payment of workers’ compensation, including medical treatment, for injuries incurred by their employees that arise out of, and in the course of, employment. The bill aims to prevent discrimination in awarding claims because an employee’s injury or death is related to the employee’s race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic predisposition characteristics. This bill would also state the intent of the Legislature to enact legislation that would apply employment discrimination protections to workers’ compensation law in order to prohibit the wrongful reduction or denial of workers’ compensation benefits.

The bill currently is scheduled to be heard by the Assembly Insurance Committee. For more information, visit http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_145&sess=CUR&house=B&author=desaulnier.