| Reinstatement? |
Yes. A worker who proves § 132a retaliation is entitled to reinstatement.Lab. Code § 132a |
Possible. Hiring or reinstatement is among the remedies available in a FEHA case, along with money damages.Fair Employment and Housing Act |
| Lost wages? |
Yes: reimbursement for lost wages and work benefits caused by the employer’s acts.Lab. Code § 132a |
Yes: lost wages and benefits, and depending on the case, future lost earnings.FEHA · wrongful termination |
| Comp increase? |
Your workers’ comp compensation can be increased by one-half, up to $10,000, plus up to $250 in costs and expenses. (If the retaliation was for testifying in a co-worker’s case, the remedy is reinstatement and lost wages and benefits, without the increase.)Lab. Code § 132a |
Not here. The one-half increase exists only in the workers’ comp system. A civil court awards damages instead. |
| Emotional distress? |
Not listed. Section 132a provides no damages for emotional distress, no punitive damages and no attorney’s fee award against the employer.Lab. Code § 132a |
Yes, where proven, along with punitive damages in cases of malice, oppression or fraud, and reasonable attorney’s fees and costs.Gov. Code § 12965(c)(6) · Civ. Code § 3294 |
| Accommodation? |
The duty to accommodate comes from FEHA, not § 132a. A refusal can still matter to a § 132a petition if you were treated worse because of your work injury or claim. |
Employers with 5 or more employees must reasonably accommodate a known disability, which a work injury can be, and must engage in a timely, good-faith interactive process with you, including after workers’ comp leave runs out.Gov. Code § 12940(m), (n) · 2 CCR § 11069 |
| Deadline? |
Generally one year from the discriminatory act or the date you were let go, filed as a petition in your workers’ comp case.Lab. Code § 132a |
Generally three years to file with the Civil Rights Department, then one year to sue after the right-to-sue notice. Wrongful termination in violation of public policy: generally two years.Gov. Code §§ 12960, 12965 · Code Civ. Proc. § 335.1 |
| Who decides? |
The Workers’ Compensation Appeals Board, on a petition filed inside a pending workers’ comp case. The Board does not hear the criminal side of § 132a.Lab. Code § 132a · DWC Guide 7 |
A California superior court. A FEHA case starts with a complaint to the Civil Rights Department and a right-to-sue notice.Gov. Code §§ 12960, 12965 |