Legal Question in Employment Law in California

Hostile Environment/Workers Compensation

If you return to a modified work position after a workers compensation injury

and your coworkers repeatably make comments about your ability to perform

the job, you are not given reorientation to your job, are denied the education

required to return to your previous position, and then your manager fails to

reinstate you to your previous position, hires others into comparable

positions, and even pulls a request for a job posting that the worker qualifies

for after a converstion with the injured worker. Would this consitiute

discrimination and a hostile work environment?


Asked on 4/21/04, 4:28 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Hostile Environment/Workers Compensation

Your WC attorney might be interested in filing a � 132a claim for retaliation because of your WC claim. There also might be disability discrimination for which you might complain to the California Dept. of Fair Employment and Housing.

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Answered on 4/28/04, 10:08 pm
Terry A. Nelson Nelson & Lawless

Re: Hostile Environment/Workers Compensation

If you are claiming retaliation for filing a WCAB claim or being on WCAB leave, then most likely it is covered by WCAB rules, see your comp atttorney.

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Answered on 4/28/04, 8:47 pm


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