Oakland Employment Discrimination Lawyers
Free Case Evaluation
$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
Experienced representation when employers discriminate against police officers, firefighters, and first responders
When trouble arrives in the form of crime, fires, natural disasters, and health emergencies; police officers, firefighters, and first responders are there to protect us. At McNicholas & McNicholas, LLP, we’re glad to respond in kind by helping these workers when their employers discriminate, harass, or retaliate. Our Oakland employment lawyers have more than 30 years of experience filing discrimination, harassment, and retaliation claims when the employers of these workers violate federal or state discrimination laws. We’ve obtained more than $150 million for the employees we represent. We’re ready to help you assert your rights today.
Our record of recoveries for police officers, firefighters, and first responders includes:
$3.9 Million
on behalf of a police veteran whose employment was terminated in retaliation for testifying in a Fair Labor Standards trial.
$3.6 Million
on behalf of a K9 Bomb Unit dog handler who suffered retaliation when he supported the sole lone female in the Unit.
$2.3 Million
for a woman officer who was denied an elite police squad position. Our lawyers filed a gender discrimination claim.
$1 Million
Many other recoveries for one million dollars or more for discrimination based on race, national origin, gender, disability, and other protected classes. These recoveries include retaliation claims because our client disclosed employer fraud including refusing to follow ticket quotas, testified or supported another coworker, and other reasons.
Quick Questions
- What kinds of employment cases do your Oakland employment lawyers handle?
- What is employment discrimination, harassment, and retaliation?
- Which federal and California laws protect employees from discrimination?
- How do your Oakland employment lawyers fight for my employee rights?
- How much is my employment claim worth?
- Do you have an Oakland employment discrimination lawyer near me?
What kinds of employment cases do your Oakland employment lawyers handle?
McNicholas & McNicholas represents police officers, firefighters, and first responders who suffer adverse employment decisions due to discrimination, harassment, or retaliation.
Our Oakland employment lawyers also represent law enforcement officials, firefighters, and first responders who have the following types of claims:
- Whistleblower claims that disclose employer fraud
- Workers’ compensation claims if they become injured or ill due to their work
- Federal and California Family Medical Leave Act claims to take care of newborns; adoptions; serious medical illnesses; care of an injured service member in the family, and other medical issue
- Executive compensation claims and wage and hour disputes
- Wrongful termination
- Other employment claims
What is employment discrimination, harassment, and retaliation?
Discrimination
Our Oakland employment lawyers file workplace discrimination claims for police officers, firefighters, and first responders if their employer makes an adverse employment decision due to the employee’s membership in a protected class.
- Adverse employment decision. These include the following types of employment issues:
- Not being hired
- Low pay and benefits
- Unfavorable job assignments
- Undesirable job transfers
- Failing to be promoted
- Not being recruited
- Negative testing issues
- An inability to use the employer’s facilities
- Not obtaining training
- Not receiving your share of retirement plans, benefits, and leave
- The following factors are used to determine if you are a member of a protected class:
- Skin color, race, or national origin
- Gender, gender expression, or sexual orientation
- Disability
- Age (generally 40 or older)
- Pregnancy
- Military or veteran status
- Religion
- Genetic information
- Weight
Employment discrimination also includes the failure of your employer to provide reasonable accommodations if you are injured or disabled, not being given less strenuous tasks if you’re pregnant or injured, not being favored even though you have more skills and experience, being terminated because you helped another worker assert their rights, and many other factors.
Harassment
Title VII of the US Civil Rights Act, according to the Equal Employment Opportunity Council, involves various types of offensive conduct and:
- “Enduring the offensive conduct becomes a condition of continued employment” (quid pro quo harassment). Sexual harassment involves condition continued employment on sexual favors.
- “The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.” Sexual harassment involves listening to sexual conversations and jokes, viewing sexual materials, and other offensive conduct.
Per the EEOC, “Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.”
You can file a harassment complaint even if you’re not the target of the offensive conduct.
Retaliation
At McNicholas & McNicholas LLP, we file retaliation claims when the employers of police officers, sheriff’s deputies, other law enforcement officials, firefighters, and first responders try to intimidate or punish you if you:
- File a discrimination, harassment, or retaliation claim
- Help another worker with an employment claim by offering evidence or testifying
- File a whistleblower claim, workers’ compensation claim, a family medical leave claim
- Assert any other legal right
Which federal and California laws protect employees from discrimination?
At McNicholas & McNicholas LLP, we file employee rights and civil rights claims based on the following federal and state laws:
- Title VII of the Civil Rights Act of 1964. This law makes employment discrimination illegal if an adverse employment condition is due to your race, color, national origin, color race, religion, or sex (including pregnancy, childbirth, gender identity, and sexual orientation.) Title VII also makes it illegal for the employers of emergency workers to endure adverse employment consequences or retaliation because a worker:
- Complained about discrimination in the workplace
- Filed a discrimination complaint with an agency like the US Equal Employment Opportunity Commission
- Served as a witness in “an employment discrimination investigation or lawsuit.”
- Age Discrimination in Employment Act (ADEA). This law protects workers who are 40 or older from discrimination because of their age.
- Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. These laws prohibit discrimination if a police officer, firefighter, or first responder is disabled.
- Equal Pay Act of 1963. This law requires that men and women be paid equally for doing the same work.
Other federal laws that protect employees include the Pregnant Workers Fairness Act and The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
The Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces Title VII and other federal discrimination laws. Generally, the EEOC can file enforcement actions against employers who have 15 or more employees.
The California Civil Rights Department
Our Oakland employment attorneys also file claims based on violations of the California Fair Employment and Housing Act (FEHA). This law:
Provides protection from harassment or discrimination in employment because of: age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex, and sexual orientation.
The California Civil Rights Department enforces FEHA on behalf of police officers, firefighters, and first responders who are employed by public or private employers with five or more employees.
The FEHA protects workers from discrimination, harassment, and retaliation. The FEHA offers some protections, such as protection from harassment, for independent contractors too.
- The initial consultation, which includes reviewing everything that happened
- Reviewing whether your employer is public (the City of Oakland or the County of Alameda may also be responsible), how many employees work for your employer, who was involved, the role of any supervisors, and whether you need to file in state or federal court
- Gathering the evidence you need to present your strongest case possible
- The federal and state employment laws that protect police officers, firefighters, and first responders.
- Determining your damages and the value of your claim.
We file claims with the EEOC and the California Civil Rights Department. We persuasively argue cases before judges and juries in federal and Oakland Alameda County courts.
We’ve helped many emergency workers obtain strong recoveries (many for one million dollars and higher).
- Lost income, including back pay (lost earnings to date) and front pay (future lost earnings)
- Compensation for your emotional distress
- Statutory damages
- Legal fees and court costs
- Injunctive relief requiring that you be hired, rehired, or promoted
- Injunctive relief requiring that the employer take clear steps to prevent further discrimination
- Reasonable accommodations
- Emotional distress damages
- Training
- Punitive damages
Do you have an Oakland employment discrimination lawyer near me?
McNicholas & McNicholas, LLP meets police officers, firefighters, and first responders at our Los Angeles office located in Westwood at 10866 Wilshire Blvd., Suite 1400. We also conduct consultations by phone and via online conferences.
We understand how much you’re hurting – financially and emotionally. We’ll fight to restore your finances and your ability to work for people who respect you.
Talk with our Oakland workplace discrimination attorneys now
Finding a job is hard. Keeping a job requires a lot of dedication and skills. At McNicholas & McNicholas, we fight for law enforcement officers, firefighters, and first responders when employers fire you, make your work unbearable, or deny you the job opportunities you deserve. Our Oakland employment lawyers assert your right that your employer complies with the federal and state discrimination laws and employment laws. We’ve helped many employees restart their careers and receive the compensation they deserve. Call our office or fill out our contact form today to schedule a consultation. We’re ready to fight for your employee rights today.
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