Which of the following actions is an example of discrimination under Labor Code 132A?

• A. Discontinuing health benefits for an employee who files a claim
• B. Giving a raise after a claim
• C. Transferring the employee to a less desirable shift without cause
• D. Firing or discriminating against an employee for reporting an industrial claim

Answer: (D)

The action being tested is the protection against retaliation for filing or reporting a workers’ compensation claim. Labor Code 132A makes it unlawful for an employer to discharge or otherwise discriminate against an employee because the employee has filed a workers’ compensation claim or reported an industrial claim. This means any adverse action taken specifically because of that claim—such as firing the employee or treating them unfavorably in retaliation—is prohibited.

Firing or discriminating against someone for reporting an industrial claim is the clearest example of that prohibited retaliation. It directly ties the employer’s adverse action to the employee’s claim, which is exactly what 132A aims to prevent.

The other options don’t fit as cleanly with the statute’s core protection. Discontinuing health benefits after a claim is a punitive measure tied to a claim but isn’t the classic, explicit action described in the statute. A raise after a claim is favorable treatment and not discriminatory. Transferring someone to a less desirable shift without cause is adverse, but the example most clearly illustrating the 132A violation is firing or discriminating specifically for reporting an industrial claim.