Sunday, November 3, 2019

California has adopted a statute banning use of race, gender, or ethnicity in the calculation of 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 TortProf blog for the update.


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