AB1093 Has Now Been Signed Into Law!


California State Assembly Seal AB1093 (Taneka's Law), has finally been signed into law by Governor Schwarzenegger. Apparently the governor couldn't figure out a way to veto this bill and still save face at the same time.

The bill was carried by Assemblywoman Mariko Yamada of Davis. Working with Ms. Yamada on the bill was attorney Moira Stagliano of the Boxer and Gerson law firm in Oakland, CA. Ms. Stagliano represented the family of Taneka Talley, who was viciously murdered at the Dollar Tree store in Fairfield in 2006 when attacked on the basis of the color of her skin.

Her employer and their Workers' Compensation administrator, Specialty Risk Services, denied the claim stating that it was non-compensable based on a claimed personal connection. The case was eventually settled, but not before a big public relations furor ensued and informational picket lines were set up at Dollar Tree stores all over Northern California. Had they not done so at that time, the negative public relations fallout would have certainly affected their Christmas sales figures.

This bill now prohibits the "personal connection" defense to a Workers' Compensation claim where the aggressor/assailant acts on the basis of beliefs regarding race, religious creed, color, national origin, age, gender, disability, sex or sexual orientation where the aggressor/assailant believes the victim to be a member of one of the protected classes.

As you may recall, NOIW volunteer director Sam Gold and attorney Stagliano appeared on the John Rothmann show on KGO Radio on the evening of December 3, 2008 and addressed the outlandish behavior of Dollar Tree and their Workers' Compensation administrator. The audio track of that interview is available by clicking HERE with your mouse.

 


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