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Employers tempted to screen out applicants based on past workplace injuries or past workers’ compensation claims are prohibited from doing so by California Labor Code Section 132a. Labor Code Section 132a prevents employers from discriminating against workers for suffering injuries in the course and scope of employment.
Labor Code Section 132a also prohibits employers from discriminating against workers who intend to file or have filed workers’ compensation claims, or have received workers’ compensation benefits.
This means that employers cannot condition employment based on whether a worker filed a claim in the past or has an active claim now.
Employers with concerns about limiting workplace injuries and illnesses should ensure that all workplace safety rules are up-to-date based upon job duties and that any safety policies and procedures in place are strictly and uniformly enforced.
Read Employee Protection from Workers' Compensation Discrimination for more information.