Under Labor Code 132A, discrimination may entitle an employee to which remedy?

Under Labor Code 132A, discrimination may entitle an employee to which remedy?

• A. Reinstatement and reimbursement for lost wages and benefits caused by the acts of the employer
• B. Criminal penalties against the employer
• C. Liquidated damages payable to the employer
• D. None of the above

Answer: (A)

Discrimination under this Labor Code section is about protecting an employee who asserts rights (like filing a workers’ compensation claim) from retaliation. If retaliation occurs, the remedy is designed to put the employee back in the position they would have been in had the discrimination not occurred. That means reinstatement to the job and back pay—reimbursement for the wages and benefits lost because of the discriminatory acts. It’s about making the employee whole financially and in terms of job status. Criminal penalties or damages paid to the employer aren’t provided remedies under this provision, so those options don’t fit.

Discrimination under this Labor Code section is about protecting an employee who asserts rights (like filing a workers’ compensation claim) from retaliation. If retaliation occurs, the remedy is designed to put the employee back in the position they would have been in had the discrimination not occurred. That means reinstatement to the job and back pay—reimbursement for the wages and benefits lost because of the discriminatory acts. It’s about making the employee whole financially and in terms of job status. Criminal penalties or damages paid to the employer aren’t provided remedies under this provision, so those options don’t fit.