After less than two years in the state Assembly, the former San Diego labor organizer has established herself as the state’s leading advocate for workers.

Last year, Gonzalez successfully authored legislation to force companies – large and small – to provide paid sick leave to nearly all of their employees. This year, she’s urging Democrats to wade into a politically-sensitive fight over the state’s workers’ compensation system.

“People in Sacramento, given past fights, don’t want to touch workers’ comp,” Gonzalez told CalWatchdog.com in a recent interview.

Nevertheless, or perhaps because her Democratic colleagues have shied away from the issue, Gonzalez has taken on the challenge. At last weekend’s state Democratic convention, she persuaded her party to endorse her call to end gender bias in the state workers’ compensation system. In the process, Gonzalez could upset a landmark compromise that drove down rising workers’ comp costs.

Gender bias in workers’ compensation

Employers are required to purchase insurance to cover injuries sustained by their employees at the workplace. Regardless of who is at fault, injured workers are eligible to apply for benefits and receive compensation under the employer’s compensation insurance.

In cases of permanent disability, workers are evaluated on the extent of their injury. But, not all injuries can be isolated to one cause or incident. Consequently, claims must go through an apportionment process to determine how much of the injury is due to the job and how much is due to another factor or pre-existing condition.

Gonzalez contends that the apportionment process is unfair to women in permanent disability cases by providing a lower or no rating for pregnancy, menopause and breast cancer. By comparison, conditions that affect men, such as testicular and prostate cancer, receive a higher disability rating.

“With workers comp claims, women are deducted because they’re pregnant or menopausal,” Gonzalez pointed out. “The most egregious (case) is the way the workers’ comp system deals with breast cancer. A women’s breast cancer is rated 0 percent, unless she is of child-bearing age, then she gets 5 percent.”

AB305 changes ratings, apportionment in workers’ comp

To address the inequity, Gonzalez has authored Assembly Bill 305, which would prohibit pregnancy, menopause or osteoporosis from being used in the apportionment of permanent disability cases. It would also require that the impairment ratings for breast cancer be equivalent to prostate cancer.

“It’s time for our state to stop treating gender as a pre-existing condition and provide equal protection under the law for everyone with a workers’ compensation claim,” she said. “I’m pleased that Democrats as well as Republicans recognized the importance of ending discrimination against women on the job.”

Her colleagues in the state Assembly agreed and recently passed the bill on a 59-18 vote. She’s proud that seven Republican Assembly members joined Democrats in supporting the bill. Not a small achievement considering the big name opposition from a collection of business groups, including the Association of California Insurance Companies, California Chamber of Commerce, California Newspaper Publishers Association and the California Retailers Association.

Gonzalez: It’s worth the price

Ever since Gov. Arnold Schwarzenegger’s landmark reforms in the early 2000s, workers’ compensation has remained a political lightning rod. Lawmakers have largely been reluctant to make changes to the reforms that are credited with bringing down the costs of insurance.

That’s one reason why the California Democratic Party’s support could help keep lawmakers committed to the issue. The party resolution passed the general session on consent by acclimation.

“Governor Schwarzenegger’s changes and other discriminatory policies are deeply embedded into the workers’ compensation system, as evidenced by the facts that carpal tunnel syndrome – a disorder that disproportionately affects women – too often has a disability rating of 0 percent,” the party’s resolution states.

In 2012, Gov. Jerry Brown signed into law some changes to the state workers’ compensation system to increase benefits and revise the factors for determining permanent disability. However, those changes were largely embraced by both parties because they were sold as reforms to keep costs in line. To her credit, Gonzalez has been willing to take the potential cost head on.

“Civil rights are inconvenient and costly,” she said. “Even if there is a very small cost, I think it’s important to uphold the civil rights of women. If we are going to talk about pay equity, then we need to talk about everything.”

It’s unclear how widespread the problem is. According to the legislative committee analysis, “Some supporters have asserted that ‘we see it every day’ while some opponents assert that the wrongs complained of simply do not occur in the workers’ compensation courts.”

“It’s a lack of respect,” House Minority leader Nancy Pelosi said of why Republicans continue to press for restrictions on reproductive rights and undermine what she described as “choice issues.” “Respect for our judgment, our dignity, respect for our sentiment of responsibility.”

Yet, marginalized activists who support maintaining a personal belief exemption from mandatory vaccinations say that Democratic lawmakers aren’t respecting their right to choose. Opponents of Senate Bill 277 protested outside of the Anaheim Convention Center Saturday, with homemade signs and loud chants echoing the party’s position on health choice. Rather than gain acceptance from a party that champions marginalized groups, opponents of SB277 found themselves facing derisive comments from convention delegates.

“They (California Democrats) are definitely being hypocritical on this issue,” said Aaron Mills, a member of the California Coalition for Health Choice. “Democrats usually champion for the minorities. When it comes to this group, it’s “just go away and stop complaining.”

He added, “You can’t force somebody to take a product with known risks. … I don’t really feel compelled to vaccinate my day-old infant for a sexually transmitted disease.”

SB277: Reframing the debate

The debate over California’s immunization requirements began in January, following a measles outbreak at Disneyland, which coincidentally is just down the block from this weekend’s convention. As of March, California public health officials had confirmed 133 measles cases since December, according to National Public Radio.

The Disneyland measles outbreak encouraged Senator Richard Pan, D-Sacramento, to introduce SB277, a bill to end the personal belief exemption which gives parents the power to opt-out of mandatory vaccinations for schoolchildren.

For months, opponents of the legislation have stumbled in their public rhetoric and legislative strategy. Some of the bill’s opponents tracked – arguably stalked – a lobbyist throughout the Capitol. Lawmakers and their staff members were inconvenienced by lengthy committee hearings. This past Thursday, the bill passed the state Senate on a 25-10 vote, with only two Democrats opposed.

However, at this weekend’s California Democratic Party state convention, concerned parents refined their argument to a message of choice.

“Are you aware that California Senate Bill 277 is moving its way through legislation right now that will remove your right to choose on vaccines?” reads a flyer distributed by protestors. “Where there’s a risk, there must be choice!”

Another handout asks, “Are California Democrats a party of choice or force?”

Both of those messages mirror the words of the California Democratic Party’s official platform, which states, “We proudly and vigorously support a woman’s right to choose how to use her mind, her body and her time.”

Democratic Senators prioritize public safety over choice

State Senator Ben Allen, D-Santa Monica, a principal co-author of the bill, has argued that public safety should trump choice.

“The high number of unvaccinated students is jeopardizing public health not only in schools but in the broader community,” Allen said in a press release earlier this year.” We need to take steps to keep our schools safe and our students healthy.”

Allen’s arguments don’t sit well with some Democrats, who see it as government intervening in their personal health decisions.

“Never in a million years did I think my fellow Democrats would vote to take away my constitutional rights as a parent,” read one Democratic woman’s homemade sign. “Vaccination decisions are between a parent and their doctor, not the government. Opposition to SB277 will not go away even if it passed.”

During Saturday’s rally, supporters of the personal belief exemption chanted, ” We’re not going away! We’re not going away!” Yet, some Republicans are hoping that the issue could drive parents to leave the Democratic Party. A few members of the California Republican Assembly set up a table near the rally with a sign indicating their support for parental rights.

SB277 Opponents: Don’t call us anti-vaxxers

In addition to their frustration with Democrats abandoning “choice,” opponents of SB277 say that the party’s elected officials are being disrespectful to their cause by using the pejorative term, “anti-vaxxer.”

“This media stigma that is attached to it,” Mills, a member of the Democratic Party and opponent of mandatory vaccination, explained why he objected to the term. “It might be the most loathed group in the country. It’s definitely a minority group that no one looks fondly upon.”

According to Google search trends, there has been a dramatic spike in use of the term since the Disneyland measles outbreak. So, what should people call them?

“We’re not anti-anything,” Mills said. “We’re for health choice.”

California Democratic Party: Health Choice Rally

The first-term Democratic Senator from Massachusetts earned a rousing applause and standing ovation from convention delegates as she blamed the country’s income inequality and decline of the middle class on Ronald Reagan and three decades of Republican economic policies.

“The epicenter of the political earthquake that shook America’s middle class to its core started right here in California — right here with your former Governor Ronald Reagan,” Warren said as convention delegates cheered her on. “For more than 30 years, starting with Ronald Reagan, the Republican leadership latched onto an idea it called trickle-down economics, and then they got to work.”

She continued, “They attacked wages, they attacked pensions, they attacked health care, they attacked unions, they attacked education, they attacked science, they attacked financial regulation.”

Democrats divided on economic policies

Warren’s speech to convention delegates was only one example of the growing divide between moderate, business-friendly Democrats and those considered to be the true champions of progressive causes. At this weekend’s convention, progressive speakers offered subtle quips and direct jabs at party members who have strayed from what they see as party orthodoxy.

President Obama, who is currently pushing for congressional approval of a Pacific Rim trade agreement, wasn’t immune from the criticism.

California Democratic Party Chairman John Burton, a hero of the progressive wing, used his introductory remarks at Saturday’s floor session to criticize the pending Trans-Pacific Partnership as just “another way of saying ‘take jobs away from American workers and send them overseas.'”

Considered the most significant free-trade agreement since the North American Free Trade Agreement signed in 1994, the Trans-Pacific Partnership, known simply as TPP, would reduce tariffs and other trade barriers among the United States and a dozen Pacific Rim countries, including Japan, Australia, Singapore and Malaysia.

“In San Francisco, we used to have a fairly sized garment industry, that’s gone — shipped overseas,” the former state Senator reminded delegates. “We had manufacturing companies, those jobs are gone.”

Burton lamented that new trade deals “help big business, and American workers get screwed and the business guys gets rich.” He also assured delegates that Warren was on their side in the economic split, calling her “the f-ing champion of the American people.”

Rep. Ami Bera targeted by labor

Organized labor made clear that even Democratic elected officials that currently represent swing districts would not be excluded from criticism over the trade deal. Outside of the Anaheim Convention Center, protesting workers held signs singling out Rep. Ami Bera, D-Elk Grove, for “railroading working families” with a free-trade agreement that they see as the “fast track to no work.”

“Ami Bera, you’re no good,” a lead protester chanted to the communal reply, “Treat the worker like you should.”

The second-term Congressman narrowly defeated former Rep. Doug Ose last November by less than 1 percent of the vote. He is considered one of the top targets for Congressional Republicans in 2016.

Bera’s trouble at the convention is the second time this month that he’s been in hot water related to the controversial trade agreement. Earlier this month, Bera admitted to plagiarizing an op-ed piece featured in the Sacramento Bee. Republicans wasted no time in capitalizing on that misstep.

“With more evidence of Ami Bera’s cut-and-paste public policy coming to light, the hardworking people in his district have every right to question Bera’s honesty and leadership,” Zach Hunter, a spokesman for the National Republican Congressional Committee, said in a statement released earlier this month. “With his history of plagiarism, how can 7th District families trust Ami Bera to shoot straight with them on important issues?”

Tom Steyer dragged into rift

Influential Democratic donor Tom Steyer could soon be dragged into the party’s rift over economic issues.

On Friday, the billionaire climate change activist urged Democrats to support his plan for a statewide ballot measure to impose an oil extraction tax. By Saturday afternoon, Steyer’s critics attacked his silence on the Trans-Pacific Partnership agreement and questioned his financial ties to the trade deal.

“Today CA Democratic Party Chair John Burton joined progressive leaders such as Senator Elizabeth Warren in opposing the Trans-Pacific Partnership,” said Sabrina Lockhart, communications director for Californians for Energy Independence. “Tom Steyer, by far the party’s biggest donor, has not stated his position on the TPP, perhaps because he is still invested in Farallon, which stands to benefit from the TPP.”

She added, “This is odd given he is positioning himself as the party’s progressive, environmental leader, and criticisms from groups like the Sierra Club that the trade agreement is weak on the environment.”