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California Labor Code Section 132a—When Claims of Discrimination Are Brought Before the Workers’ Compensation Appeals Board
Pursuant to Labor Code section 132a, California has declared that “there should not be discrimination against workers who are injured in the course and scope of their employment.”
If a worker believes that he or she has suffered discrimination for seeking benefits under his or her employer’s workers’ compensation insurance program, that worker may file a claim for discrimination before the Workers’ Compensation Appeals Board. All employers in California are required to have a policy of workers’ compensation insurance to protect employees who suffer workplace injuries.
Although the Workers’ Compensation Appeals Board has jurisdiction over both a worker’s underlying medical claim and a claim for discrimination under Labor Code section 132a, most workers’ compensation insurance policies in California will not insure the employer for the discrimination claim.
