Gender bias is an issue in worker's comp awards, some say; legislation proposed
A system of apportioning responsibility for employee workplace injuries, which took effect in California about a decade ago, is being applied in a way that demonstrates gender bias, some observers say.
For example, a female police officer who has a double mastectomy for breast cancer linked to hazardous materials related to her work would be considered zero to 5 percent disabled, depending on how old she is. However, a male officer with prostate cancer linked to hazardous materials would be considered 16 percent disabled, reports the San Francisco Chronicle.
Apportionment is based on whether a former employer or the worker himself or herself bears some responsibility for the injury. Pregnancy, menopause and obesity are among the factors considered in reducing awards to workers, the article says.
Assemblywoman Lorena Gonzalez, D-San Diego, plans to introduce a bill Wednesday that would ban workers’ compensation awards being reduced for gender-based reasons, including pregnancies, breast cancer, menopause, osteoporosis and sexual harassment.
“It seems like it should be obvious that we shouldn’t see this, but it happens in insidious ways all the time,” said attorney Sue Borg. She practices in San Mateo.
