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This entry was published on 2020-01-10
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Discrimination against employees
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 7
§ 120. Discrimination against employees. It shall be unlawful for any
employer or his or her duly authorized agent to discharge or fail to
reinstate pursuant to section two hundred three-b of this chapter, or in
any other manner discriminate against an employee as to his or her
employment because such employee has claimed or attempted to claim
compensation from such employer, requested a claim form for injuries
received in the course of employment, or claimed or attempted to claim
any benefits provided under this chapter or because he or she has
testified or is about to testify in a proceeding under this chapter and
no other valid reason is shown to exist for such action by the employer.

Any complaint alleging such an unlawful discriminatory practice must
be filed within two years of the commission of such practice. Upon
finding that an employer has violated this section, the board shall make
an order that any employee so discriminated against shall be restored to
employment or otherwise restored to the position or privileges he or she
would have had but for the discrimination and shall be compensated by
his or her employer for any loss of compensation arising out of such
discrimination together with such fees or allowances for services
rendered by an attorney or licensed representative as fixed by the
board. Any employer who violates this section shall be liable to a
penalty of not less than one hundred dollars or more than five hundred
dollars, as may be determined by the board. All such penalties shall be
paid into the state treasury. All penalties, compensation and fees or
allowances shall be paid solely by the employer. The employer alone and
not his or her carrier shall be liable for such penalties and payments.
Any provision in an insurance policy undertaking to relieve the employer
from liability for such penalties and payments shall be void.

An employer found to be in violation of this section and the aggrieved
employee must report to the board as to the manner of the employer's
compliance within thirty days of receipt of a final determination. In
case of failure to report on compliance, or failure to comply with an
order or penalty of the board within thirty days after the order or
notice of penalty is served, except where timely application to the
board for a modification, rescission or review of such order or penalty
has been filed under section twenty-three of this chapter, the chair in
any such case or, on the chair's consent, any party may enforce the
order or penalty in a like manner as an award of compensation.