California has a policy 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 employee has filed or made known his or her intention to file a claim for compensation with the employer or an application for adjudication is guilty of a misdemeanor, and the employee’s compensation may be increased by 50 percent, up to $10,000, together with costs and expenses. The California Supreme Court applies a liberal interpretation of Labor Code Section 132a, and has held that that Section 132a affords relief to any employee who suffers discrimination as a result of an industrial injury, even if the discriminatory conduct is not of the type specifically identified in the statute.
Black and Rose routinely defends employers in Section 132a actions. Our experience with this type of discrimination action gives us an advantage in the investigation and litigation of this serious allegation. Our teamwork approach includes training managers and human resource personnel on how to avoid discrimination allegations and working with the claims professionals to shut these cases down with the underlying work comp claim.