Berkeley Employment Lawyers Representing Police Officers
Free Case Evaluation
$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
Accomplished representation when police departments discriminate, harass, or retaliate
Residents, workers, students, and visitors to Berkeley rely on police officers to protect them from crimes and come to their aid during emergencies. At McNicholas & McNicholas, LLP, we protect these courageous workers by holding the Berkeley Police and the Alameda County Sheriff’s Office accountable when they discriminate against, harass, or retaliate against police officers, sheriff’s officers, and other law enforcement personnel. We file claims before the appropriate federal and state agencies and in the appropriate federal and state courts. Our Berkeley employment discrimination lawyers also file harassment, retaliation, executive compensation, wage, whistleblower, and other employment actions.
Our record of success in police employment cases includes:
$13.1 Million
in a sex discrimination and retaliation case on behalf of two male LAPD police officers.
$11.65 Million
in a retaliation case for a dog handler in an LAPD K9 Bomb Unit.
$11.56 Million
jury verdict in a discrimination and retaliation case for a former LAPD Bomb K9 trainer who reported violations of law.
$10.1 Million
verdict for a Captain at the Los Angeles Police Department against the LAPD.
Quick questions
- When can law enforcement workers file a police employment discrimination claim in Berkeley?
- When can police and sheriff’s officers file workplace sexual harassment claims in Berkeley?
- When can I file a retaliation claim against my Berkeley law enforcement employer?
- What types of non-discrimination employment claims do your Berkeley lawyers handle?
- What employment lawyers protect law enforcement employees?
- How do you fight for officers when Berkeley departments discriminate?
- What is the value of my law enforcement discrimination claim in California?
- Do you have a Berkeley law enforcement discrimination lawyer near me?
When can law enforcement workers file a police employment discrimination claim in Berkeley?
At McNicholas & McNicholas LLP, we help officers show that they meet the three core requirements for filing a discrimination claim.
- Eligibility. Generally, employees can file a discrimination claim if their employer has enough employees (15 for federal and five for California). The Berkeley, California, police department has more than 100 officers and many other employees. Independent contractors can also file discrimination claims in California and may be able to file federal discrimination claims depending on the specific law.
- Adverse employment. Adverse employment conditions include anything that negatively affects an employee, such as being fired, not receiving a promotion, a reduction in pay, being assigned undesirable tasks, and not being hired.
- Protected class. To file a discrimination claim, a law enforcement officer must be a member of a protected class – as defined by specific laws. For example, The California Fair Employment and Housing Act defines a protected class as including the following:
- Ancestry or national origin;
- Religion or creed;
- Age (40 and over);
- A physical or mental disability;
- Sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions);
- Sexual orientation;
- Gender identity, gender expression;
- Medical condition or genetic condition;
- Military or veteran status; and
- Marital status.
Employment discrimination in Berkeley also includes, in addition to adverse employment conditions, the following:
- Workplace harassment, including sexual or racial harassment.
- Not being eligible for the same advancement opportunities, education, or assignments as other police officers, sheriff’s officers, or other law enforcement officers due to their protected class.
- Denying people with a disability or pregnancy with reasonable accommodations to do their job.
- Retaliation for asserting legal rights, such as filing a discrimination claim.
What types of workplace sexual harassment claims can I file in Berkeley?
California defines sexual harassment in the workplace as a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 or California’s Fair Employment and Housing Act (FEHA).
Title VII categorizes sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature”:
- That implicitly or expressly affects a person’s employment (called quid pro quo harassment);
- Unreasonably interferes with a person’s ability to do their job; or
- Creates an “intimidating, hostile, or offensive work environment.”
The harasser can be male or female. The victim can be of the same or the opposite sex. The harasser can be a supervisor, co-worker, non-employee, or an agent of the employer.
You do not have to be the person being harassed as long as the harassment affects you (such as when you are in the same room as the harasser and/or victim). It’s also the case that the “harasser's conduct must be unwelcome.”
California’s FEHA provides that “the offensive conduct need not be motivated by sexual desire, but may be based upon an employee’s actual or perceived sex or gender-identity, actual or perceived sexual orientation, and/or pregnancy, childbirth, or related medical conditions.”
Our police officer discrimination lawyers successfully obtained $950,000 for a Los Angeles police officer when her request for medical leave resulted in harassment and discrimination.
When can police and sheriff’s officers file workplace sexual harassment claims in Berkeley?
Our Berkeley employment lawyers file against employers such as the Berkeley Police Department, the Alameda County Sheriff’s Office, or other law enforcement employers who punish or try to intimidate workers who assert their rights by filing or supporting a:
- Discrimination, harassment, or retaliation claim;
- A whistleblower claim;
- A worker’s compensation claim;
- A federal Family Medical Leave Act claim or a California Family Rights Act claim;
- Another worker’s employment claim;
- Any other legal right.
What types of non-discrimination employment claims do your Berkeley lawyers handle?
At McNicholas & McNicholas, our employment lawyers handle the following claims in addition to discrimination, harassment, and retaliation claims:
- Executive compensation. We represent supervisors, employees with unique skills, and any other employee who has a written employment contract. Our Berkeley law enforcement employment lawyers file claims to enforce these contracts so employees can obtain their pay, stock options, health and other insurance benefits, pensions and other retirement benefits, severance pay, and other contractual benefits.
- Wage and hour loss. Our Berkeley police employment attorneys demand that the Berkeley Police and the Alameda County Sheriff’s Office pay their workers the wages (including minimum wage pay and overtime pay) they deserve.
- Termination claims. Our lawyers file lawsuits when employers terminate the employment of police officers, sheriff’s officers, and other law enforcement personnel in violation of federal or state discrimination laws, employment contracts, or collective bargaining agreements.
- Family medical leave claims. Our attorneys file claims to enforce the terms of the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA).
How do you fight for police officers when Berkeley departments discriminate?
Our employment lawyers have obtained $150 Million in employment law results for police officers, firefighters and other first responders. We have Berkeley police and sheriff’s employment discrimination lawyers who are ready to demand compensation for all your financial and personal damages, including:
- Preparing you for each stage of the claims process;
- Questioning everyone who has knowledge or information about your employment history and your discrimination, harassment, or retaliation claim;
- Working to obtain all relevant employment records;
- Asserting the federal and state laws that protect you;
- Reviewing any written employment contracts or collective bargaining agreements;
- Anticipating your employer’s arguments;
- Filing your claim with appropriate agencies and courts;
- Working with professionals who understand discrimination statistics;
- Negotiating with the employer’s insurance companies; and
- Being a persuasive advocate before the EEOC, the California Department of Civil Rights, federal and state courts, and appellate courts when necessary.
What is the value of my law enforcement discrimination claim in California?
Our Berkeley employment lawyers work to place you in as close a position as possible as if the discrimination, harassment, or retaliation had not occurred. We also work to punish the employer where the law permits. Your lawyer may demand compensation for the following:
- Your income losses to date (back pay) and future income losses (front pay);
- Work, executive, and retirement benefits;
- The loss of seniority;
- Emotional distress and damage to your reputation;
- Statutory damages
- Attorney fees and court costs
- Punitive damages, if applicable
Our attorneys also work to obtain court orders that direct your employer to rehire you, hire you, promote you, and provide opportunities for advancement.
Do you have a Berkeley law enforcement discrimination lawyer near me?
McNicholas & McNicholas meets police officers, sheriff’s officers, and other law enforcement personnel at our office located in Los Angeles. We consult with clients by phone and remotely through online video discussions.
We’re prepared to answer your questions and fight for the compensation you deserve.
Talk with our Berkeley employment lawyers today
McNicholas & McNicholas, LLP, has 35 years of experience and an impressive record of results. We are respected for our preparation, tenacity, and advocacy. Call us or complete our easy-to-use contact form to schedule a free consultation.
List of Agencies We are Suing or Have Sued
- LAPD
- LA Co Sheriff
- Berkely PD
- Riverside PD
- Huntington Beach PD
- Redondo Beach PD
- Ukiah PD
- Willits PD
- City of Richmond (Non LEO/Employment)
- Palo Alto PD
- Santa Barbara County Sheriff
- Chula Vista PD
- San Joaquin County Sheriff
- Fremont PD
- Walnut Creek PD
- Shasta County Sheriff
- Contra Costa Sheriff (Non LEO/Employment)
- El Segundo PD
- San Diego PD
- El Monte PD
- Pomona PD
- LAWA
- Culver City PD (Non LEO)
- Berkeley Fire/CoB (Non LEO)
- LAFD