TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, October 28, 2019

CA: Race, Gender, Ethnicity Not to Be Taken Into Account When Calculating Tort Damages

California has adopted a statute that prohibits the use of race, gender, and ethnicity in the calculation of lost earnings or impaired earning capacity in tort damages.  The crucial language of S.B. 41 is:

Estimations, measures, or calculations of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death shall not be reduced based on race, ethnicity, or gender.

Thanks to Nora Engstrom for the tip.

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