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California Labor Code Section 132a

Legal Research Home > California Laws > Labor Code > California Labor Code Section 132a

132a.  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.
   (1) Any employer who discharges, or threatens to discharge, or in
any manner discriminates against any employee because he or she has
filed or made known his or her intention to file a claim for
compensation with his or her employer or an application for
adjudication, or because the employee has received a rating, award,
or settlement, is guilty of a misdemeanor and the employee's
compensation shall be increased by one-half, but in no event more
than ten thousand dollars ($10,000), together with costs and expenses
not in excess of two hundred fifty dollars ($250). Any such employee
shall also be entitled to reinstatement and reimbursement for lost
wages and work benefits caused by the acts of the employer.
   (2) Any insurer that 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 he or she has filed or made
known his or her intention to file a claim for compensation with his
or her 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 increased compensation and costs
provided in paragraph (1).
   (3) Any employer who discharges, or threatens to discharge, or in
any manner discriminates against any employee because the employee
testified or made known his or her 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 the acts of
the employer.
   (4) Any insurer that advises, directs, or threatens an insured
employer 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 or her
intention to testify in another employee's case before the appeals
board, is guilty of a misdemeanor.
   Proceedings for increased compensation as provided in paragraph
(1), or for reinstatement and reimbursement for lost wages and work
benefits, are to be instituted by filing an appropriate petition with
the appeals board, but these proceedings may not be commenced more
than one year from the discriminatory act or date of termination of
the employee. The appeals board is vested with full power, authority,
and jurisdiction to try and determine finally all matters specified
in this section subject only to judicial review, except that the
appeals board shall have no jurisdiction to try and determine a
misdemeanor charge. The appeals board may refer and any worker may
complain of suspected violations of the criminal misdemeanor
provisions of this section to the Division of Labor Standards
Enforcement, or directly to the office of the public prosecutor.

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Last modified: March 17, 2014