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An employee has two years to file a discrimination claim from the date of the alleged discrimination. RETURN TO WORK DECISIONS 13.Discrimination, harassment, and retaliation against an employee because of an injury or disability are illegal. A complete absence of disciplinary problems before or after you filed your workers' comp claim can help prove your unlawful retaliation claim. When an employer discriminates against a worker with an open workers compensation claim, that is discrimination. Not all Texas employers provide workers' compensation insurance, but most do. Discrimination in Hiring Based Upon. Workers' compensation laws protect people who become injured or disabled while working at their jobs. Workers' compensation laws protect people who become injured or disabled while working at their jobs. California state law prohibits discriminating against or retaliating against an employee who has filed or is receiving workers' compensation benefits.