Berkeley Employment Lawyers Representing Firefighters
Free Case Evaluation
$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
35 years of tough representation when employees suffer discrimination, harassment, or retaliation
Firefighters protect lives, property, and the environment. Residents, businesses, and schools in Berkeley rely on firefighters and emergency medical workers to extinguish fires, respond to hazardous materials dangers, and help when other disasters occur. In recent years, extinguishing wildfires has become critical, too. Firefighters risk burns, respiratory illnesses, falling debris, and other dangers every time they put out a fire.
At McNicholas & McNicholas, we recognize how essential firefighters are to the Berkeley community. That’s why we work aggressively to hold fire departments such as the Berkeley Fire Department liable when they discriminate or harass employees, contractors, and volunteers - or retaliate when these first responders assert their legal rights.
Our record of recoveries in firefighter employment cases includes:
$3 Million
in a retaliation case. We obtained this amount for six firefighters who disclosed a dangerous and unlawful “Operation Catch-Up” fire department program.
$2.75 Million
in another retaliation case. Our lawyers obtained this compensation for an employee of a fire department who disclosed potential grant fraud and abuse.
$1.5 Million
in a discrimination, harassment, and retaliation case. We helped two firefighters secure this amount when their employer violated the California Fair Employment Housing Act.
In one notable case, we obtained $1.5 Million in a combined discrimination, harassment, and retaliation case for an employee of a municipal fire agency that mistreated the employee for more than three years. Our client was injured while working. He was given “light duty” assignments (administrative work) – even after he completed his rehabilitation. The firefighter claimed that the fire agency harassed him and ultimately forced his resignation due to his disability and work restrictions.
Quick questions
- What are the requirements for filing an employment discrimination claim in Berkeley?
- What federal and state laws protect firefighters from discrimination in Berkeley?
- What are the requirements for filing a sexual harassment claim in Berkeley?
- What are the requirements for filing a retaliation lawsuit in Berkeley?
- What types of non-discrimination employment claims on behalf of firefighters do you handle?
- What compensation can a firefighter receive when they file an employment claim?
- Do you have a Berkeley firefighter discrimination lawyer near me?
What are the requirements for filing an employment discrimination claim in Berkeley?
Employees can file discrimination claims if their employer has enough employees (15 for federal claims and five for California claims). The Berkeley Fire Department (with seven fire stations) easily meets that requirement. Fire department employees generally include firefighters, fire engineers, ambulance drivers, professional staff, and other workers.
Our Berkeley employment lawyers have the skills to show two other requirements for filing a discrimination claim in Berkeley:
- The fire department adversely affects your employment. Examples include:
- Not hiring you;
- Terminating your employment;
- Not training you;
- Not promoting you or giving you opportunities for advancement;
- Not providing reasonable workplace accommodations if you have a disability;
- Transferring you to an undesirable location; and
- Negatively affecting your employment in some other way.
- You are a member of a protected class. Generally, the following are considered protected classes depending on whether you have a federal or state claim and the applicate statute:
- Race or color;
- Country of origin;
- Sex, gender, gender expression, gender identity, or sexual orientation;
- Disability (physical or cognitive);
- Age (40 or older);
- Religion or creed;
- Pregnancy/childbirth/breastfeeding;
- Marital status;
- Military/veteran status; or
- Genetic or medical condition.
Firefighter employment discrimination also includes sexual harassment, racial harassment, and other types of employer misconduct.
According to NBC Bay Area, “Just 5% of professional firefighters in the country are women, according to the National Fire Protection Association, and the numbers are even lower in some Bay Area departments.”
What federal and state laws protect firefighters from discrimination in Berkeley?
At McNicholas & McNicholas LLP, we understand the federal and California laws that authorize discrimination, harassment, and retaliation lawsuits. The laws include:
- The California Fair Employment and Housing Act (FEHA)
- Title VII of the Civil Rights Act of 1964
- The Age Discrimination in Employment Act (ADEA)
- The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973
- The Equal Pay Act of 1963
The California FEHA and Title VII protect both employees and independent contractors.
Most discrimination claims begin with the following federal or state agencies: The Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CCRD). If the EEOC or CCRD cannot resolve your claim, our lawyers file complaints with the Alameda state courts or the US District Court for the Northern District of California.
What are the requirements for filing a sexual harassment claim in Berkeley?
Both Title VII of the US Civil Rights Act of 1964 and the California FEHA authorize sexual harassment lawsuits. Title VII defines sexual conduct as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” Examples include sexual conversations, showing sexual images, sexual jokes, and sexual innuendos.
Firefighters can file a sexual harassment claim if:
- The employee’s employment is at risk due to the implicit or express acceptance of the sexual conduct - there is quid pro quo harassment;
- The sexual conduct unreasonably interferes with the worker’s ability to do their job or
- The sexual conduct creates an “intimidating, hostile, or offensive work environment.” Workers can file a hostile workplace harassment claim even if someone else is the focus of the sexual harassment.
Sexual harassment is a type of discrimination.
What are the requirements for filing a retaliation lawsuit in Berkeley?
At McNicholas & McNicholas, LLP, we file retaliation claims against fire departments that try to intimidate or adversely affect a firefighter worker who files their own claim, cooperates in an investigation, or supports another worker’s claim. Your legal rights generally include the right to:
- File a federal or California discrimination lawsuit or harassment lawsuit
- File a whistleblower lawsuit
- File a workers’ compensation claim
- Assert any other legal right
What types of non-discrimination employment claims on behalf of firefighters do you handle?
Our Berkeley employment attorneys handle the following types of employment claims (in addition to discrimination, harassment, and retaliation claims):
- Executive compensation based on an employment contract
- Wage and hour benefits
- Family medical leave benefits
- Whistleblower claims
- Wrongful termination
What compensation can a firefighter receive when they file an employment claim?
We understand how devastating discrimination is – financially and personally. At McNicholas & McNicholas, demand compensation (based on your type of claim) for all your current (to date) and future (front) damages, including:
- Loss of:
- Income
- Loss of work benefits like health insurance
- Seniority
- Pension and other retirement benefits
- Executive compensation and benefits
- Your emotional suffering and any damage to your reputation
- Statutory damages
- Attorney fees
- Court costs
- Interest
- Punitive damages
Our Berkeley employment lawyers also seek court orders to reinstate you, hire you, authorize a promotion, obtain reasonable accommodations, and other non-financial workplace conditions.
Do you have a Berkeley firefighter discrimination lawyer near me?
McNicholas & McNicholas, LLP is ready to discuss your employment client – in person – at our office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024 – or remotely - by phone and through online video discussions.
We’ve helped many public and private employees obtain the compensation they deserve.
Contact our accomplished Berkeley firefighter discrimination lawyers today
We understand how anxious you are. Your job provides a paycheck and a great amount of satisfaction, knowing you are helping your community. At McNicholas & McNicholas, LLP, we are recognized across California for our record of impressive recoveries in employment cases. Call our Berkeley firefighter employment lawyers or complete our contact form today to schedule a free consultation.
List of the Fire Departments We are Suing or Have Sued
- Berkeley Fire/CoB (Non-LEO)
- Los Angeles Fire Department