Labor Code 132a: Your Rights Against Workplace Discrimination
California Labor Code section 132a makes it unlawful for an employer to discriminate against a worker for filing a workers’ compensation claim or for having a job-related injury. This section of the law is designed to protect injured workers from retaliation and to ensure that they can exercise their legal rights without fear of being punished at work.
If your employer has taken negative action against you because of your workers’ compensation claim, you may have the right to file a 132a claim.
What Does Labor Code 132a Prohibit?
Under Labor Code 132a, an employer is prohibited from:
- Discharging an employee because of a workers’ compensation injury
- Threatening or intimidating an employee for filing a claim
- Reducing pay, demoting, or refusing to promote a worker because they were injured
- Discriminating in any way against a worker because of a disability related to a job injury
- Taking adverse action against an employee for testifying in a workers’ compensation case
Any such conduct is considered unlawful and may result in penalties for the employer.
What Is Considered Discrimination or Retaliation?
Common examples of retaliation or discrimination under Labor Code 132a include:
- Being fired shortly after filing a workers’ compensation claim
- Being reassigned to a lower-paying or less desirable position
- Being written up or disciplined for issues that were never a problem before the injury
- Being denied reasonable accommodations
- Being excluded from opportunities for advancement
The law requires a connection between the adverse action and the workers’ compensation injury or claim.
How Do You File a 132a Claim?
To pursue a claim under Labor Code 132a, you must:
- File a separate petition with the Workers’ Compensation Appeals Board (WCAB)
- Do so within one year of the date of the discriminatory act
- Provide evidence that the employer’s action was motivated, at least in part, by your workers’ compensation claim or injury
The 132a claim is handled separately from your regular workers’ compensation case and may be addressed in a separate hearing before a workers’ compensation judge.
What Can You Recover If You Win a 132a Claim?
If successful, a 132a discrimination claim may result in:
- Reinstatement to your previous position (if applicable)
- Up to $10,000 in increased compensation
- Reimbursement for lost wages
- Attorney’s fees and costs
In some cases, the judge may also impose penalties on the employer for violating the law.
Get Legal Help With a Labor Code 132a Claim
Discrimination for filing a workers’ compensation claim is not only unfair—it is against the law. If you believe your employer has retaliated against you because of your injury or your claim, the Law Offices of Norman J. Homen can help you understand your rights and pursue the relief you may be entitled to. Contact us today for a free consultation.
