Managing Employee Injuries and Disability and Occupational Safety

B. L ABOR C ODE S ECTION 132 A

1. I NTRODUCTION AND O VERVIEW California Labor Code Section 132a states that the policy of the state of California prohibits discrimination against injured employees. Section 132a has been applied to a great variety of personnel actions such as terminations, suspensions, denials of leave of absence, refusals to change entries in personnel files, denials or grants of sick leave or other benefits, and employee assignments. This statute confers on the Workers’ Compensation Appeals Board exclusive jurisdiction to award various remedies for a violation of this law. These remedies include a penalty of up to $10,000.00, reinstatement or restoration of position, and back pay and other make-whole relief. Additionally, there are criminal penalties.

The pertinent provisions of Labor Code Section 132a provide:

 It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.  Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because the latter has filed or made known his intention to file a claim for compensation with his employer or an application for adjudication, or because the employee has received a rating, award or settlement, is guilty of a misdemeanor and subject to the provisions of Section 4553. 51 Any such employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer.  Any insurance carrier who advises, directs, or threatens an insured under penalty of cancellation or a raise in premium or for any other reason, to discharge an employee because the latter has filed or made known his intention to file an application with the Appeals Board, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and subject to the provisions of Section 4553.  Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because the employee testified or made known his intentions to testify in another employee’s case before the Appeals Board is guilty of a misdemeanor, and the employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer.  Any insurance carrier, who advises, directs or threatens an insured under penalty of cancellation or a raise in premium or for any other reason, to discharge or in any manner discriminate against an employee because the employee testified or made known his intentions to testify in another employee’s case before the Appeals Board, is guilty of a misdemeanor.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 62