Can we ask if job applicants have an active workers’ compensation claim or have ever filed for workers’ comp benefits?

Employers tempted to screen out applicants based on past workplace injuries or past workers’ compensation claims are prohibited from doing so by California Labor Code Section 132a. Labor Code Section 132a prevents employers from discriminating against workers for suffering injuries in the course and scope of employment.

Labor Code Section 132a also prohibits employers from discriminating against workers who intend to file or have filed workers’ compensation claims, or have received workers’ compensation benefits.

This means that employers cannot condition employment based on whether a worker filed a