CompFox AI Summary
The applicant, a firefighter trainee, sought reconsideration of the denial of his discrimination claim under Labor Code section 132a. The Board upheld the WCJ's finding that the employer did not violate section 132a, as the applicant's termination was due to performance issues and not his industrial knee injury. The applicant failed to establish a prima facie case of discrimination by showing he was singled out for disadvantageous treatment due to his injury, as required by the Lauher decision.
Full Decision Text1 Pages
The applicant, a firefighter trainee, sought reconsideration of the denial of his discrimination claim under Labor Code section 132a. The Board upheld the WCJ's finding that the employer did not violate section 132a, as the applicant's termination was due to performance issues and not his industrial knee injury. The applicant failed to establish a prima facie case of discrimination by showing he was singled out for disadvantageous treatment due to his injury, as required by the Lauher decision.
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