What are the Rules on Discriminating against Federal Workers’ Compensation Beneficiaries?

Federal Focus

Those familiar with state workers' compensation laws around the country might be aware that retaliation or discrimination against employees who make workers' compensation claims is against the rules.

But did you know the same holds true for federal workers under law that governs federal agency employers?

As subscribers of Simply Research know, here's what those federal rules look like.

The Rule

No employer or its duly authorized agent may discharge or in any manner discriminate against an employee as to his/her employment because that employee:

(i) Has claimed or attempted to claim compensation under Federal Employees' Compensation Act; or

(ii) Has testified or is about to testify in a proceeding under FECA. To discharge or refuse to employ a person who has been adjudicated to have filed a fraudulent claim for compensation or otherwise made a false statement or misrepresentation under section 31(a)(1) of the Act, 33 U.S.C. 931(a)(1), is not a violation of this section.

Penalties

Any employer who violates rule, and has penalties assessed for such violation after Jan. 15, 2025, shall be liable for a penalty of not less than $2,998 or more than $14,988 to be paid (by the employer alone, and not by a carrier) to the district director for deposit in the special fund described in section 44 of the Act, 33 U.S.C. 944; and shall restore the employee to his or her employment along with all wages lost due to the discrimination unless the employee has ceased to be qualified to perform the duties of employment.

Procedure

When a district director receives a complaint from an employee alleging discrimination as defined under section 49, he or she shall notify the employer, and within five working days, initiate specific inquiry to determine all the facts and circumstances pertaining thereto. This may be accomplished by interviewing the employee, employer representatives and other parties who may have information about the matter. Interviews may be conducted by written correspondence, telephone or personal interview.

If circumstances warrant, the district director may also conduct an informal conference on the issue as described in 702.312 through 702.314.

Remedies

Any employee discriminated against is entitled to be restored to his employment and to be compensated by the employer for any loss of wages arising out of such discrimination provided that the employee is qualified to perform the duties of the employment. If it is determined that the employee has been discriminated against, the district director shall also determine whether the employee is qualified to perform the duties of the employment. The district director may use medical evidence submitted by the parties or he may arrange to have the employee examined by a physician selected by the district director. The cost of the medical examination arranged for by the district director may be charged to the special fund established by section 44, 33 U.S.C. 944.

For compliance information on all things federal employment, turn to our partners at the Federal Employment Law Training Group.

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