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What Is California Labor Code §132a — the Anti-Retaliation Statute?
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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
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.
What conduct does California Labor Code §132a prohibit?
Section 132a prohibits an employer from firing, demoting, threatening, or otherwise punishing a worker for filing or pursuing a workers' compensation claim.
Section 132a is California's rule prohibiting an employer from punishing a worker for filing a workers' compensation claim, firing, demoting, cutting pay, or otherwise retaliating because the worker exercised the right to benefits. When that happens, the worker can recover up to 50% in added compensation plus lost wages and reinstatement. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) handles retaliation petitions.
Under California Labor Code §132a, a California employer may not discharge, threaten to discharge, or in any manner discriminate against a worker because the worker filed or intends to file a workers' compensation claim, received an award, or testified or intended to testify in another worker's case. The statute reaches firings, demotions, denied promotions, schedule manipulation, hostile treatment, and any other adverse employment action causally connected to the claim. The injured worker bears the initial burden of showing the adverse action and the connection to the claim. For the statewide framework, see California workers' comp retaliation pillar.
What are the remedies an injured California worker can recover under §132a?
The worker can recover up to 50% in added workers' compensation, lost wages and benefits, and reinstatement to the prior position with seniority.
California Labor Code §132a provides specific statutory remedies: reinstatement to the worker's former position, back wages and benefits lost as a result of the discriminatory act, an increase in workers' compensation of $10,000, and costs and expenses not exceeding $250. The $10,000 increase is paid by the employer, not the insurance carrier, and is in addition to the regular workers' compensation indemnity. A §132a petition is filed with the Workers' Compensation Appeals Board, not in superior court. Related coverage: California Labor Code §3351 (undocumented-worker coverage).
How long does a California worker have to file a §132a petition?
A 132a petition must be filed at the WCAB within one year of the retaliatory act, missing the deadline forfeits the remedy entirely.
Under California Labor Code §132a, a Petition for Discrimination must be filed with the Workers' Compensation Appeals Board within one year of the discriminatory act. The one-year clock starts when the adverse employment action occurs, typically the firing, demotion, or denial of benefits, and runs strictly. The §132a deadline is distinct from the underlying workers' compensation claim deadline under California Labor Code §5405 and runs on its own clock. Lea esta página en español: qué es la represalia bajo el Código Laboral §132a (versión en español).
How does §132a interact with immigration-status retaliation under §244?
Immigration-status retaliation has its own separate rule, so a worker facing employer immigration threats may pursue both petitions concurrently.
When a California employer threatens to report a worker to immigration authorities in retaliation for filing a workers' compensation claim, the conduct violates both California Labor Code §132a and California Labor Code §244. Section 244 specifically bars an employer from using immigration status as retaliation for the exercise of labor rights, and California Labor Code §3351 confirms that California workers' compensation coverage extends to every worker regardless of immigration status. Section 244 carries additional penalties beyond the §132a remedies. Related coverage: California undocumented-worker rights pillar. Statute deep-dive: California Labor Code §5811 (interpreter rights at WCAB).
What evidence does a California §132a claim typically require?
Evidence usually combines temporal proximity between the claim and the adverse action, comparator evidence, and any documents showing motive.
A §132a claim under California Labor Code §132a requires evidence of the protected activity (filing or intending to file a workers' compensation claim), the adverse employment action, and a causal connection between the two. Common evidence includes timing (firing soon after the DWC-1 was filed), written communications, comparator evidence (similarly situated workers treated differently), and direct admissions by supervisors. California law places the burden of producing a non-retaliatory reason on the employer once the worker establishes a prima facie case.
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Can a California employer fire a worker for filing a workers' comp claim?
No, under California Labor Code §132a, a California employer may not discharge or in any way discriminate against a worker for filing or intending to file a workers' compensation claim, receiving an award, or testifying in a workers' compensation case. A worker fired in connection with a claim can file a Petition for Discrimination with the Workers' Compensation Appeals Board and recover reinstatement, back wages, a $10,000 increase in compensation, and costs up to $250, all under §132a.
How much can a California worker recover under §132a?
Under California Labor Code §132a, an injured California worker who proves retaliation can recover reinstatement to the prior position, back wages and lost benefits, an increase in compensation of $10,000, and costs and expenses up to $250. The $10,000 increase is paid by the employer directly, not by the workers' compensation insurance carrier, and is on top of the regular workers' compensation indemnity. A §132a award also typically restores any group health and retirement benefits lost in the firing.
How long does a California worker have to file a §132a petition?
Under California Labor Code §132a, a California Petition for Discrimination must be filed with the Workers' Compensation Appeals Board within one year of the discriminatory act, typically the firing, demotion, or other adverse employment action. The one-year deadline runs from the date of the adverse action, not from the date of the underlying injury. A worker who waits more than one year forfeits the §132a remedy even if the underlying workers' compensation claim is still timely under California Labor Code §5405.
Who qualifies for §132a protection, including undocumented California workers?
California Labor Code §132a protects every California employee who files or intends to file a workers' compensation claim, receives an award, or testifies in another worker's case. California Labor Code §3351 extends California workers' compensation coverage to every worker regardless of immigration status, so §132a protection runs to documented and undocumented workers alike. California Labor Code §244 adds a separate bar on using immigration status as retaliation for exercising labor rights, including the right to file a workers' compensation claim.
Does §132a apply if the employer cuts hours or transfers a worker after a claim?
Yes, California Labor Code §132a reaches any adverse employment action, not only outright firing. Hour reductions, schedule manipulation, demotions, denial of promotions, hostile reassignments, and transfers to less desirable shifts are all actionable under §132a if causally connected to the workers' compensation claim. The California injured worker must show the adverse action and the link to the protected activity; the employer then must come forward with a non-retaliatory business reason.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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