Oakland Employment Lawyers Representing Firefighters
Respected advocacy when discrimination affects California’s firefighters financially and emotionally
Fighting fires is a noble cause. Fire departments in America date back to Benjamin Franklin, and the Oakland Fire Department dates back to 1869. Firefighters help prevent and suppress fires, provide emergency medical services, and help to reduce the damage caused by natural disasters such as wildfires and human-caused fires. At McNicholas & McNicholas, LLP, we fight to ensure firefighters are judged based on their ability to provide these valuable services and not on what they look like or their personal characteristics. For 30 years, our Oakland employment lawyers have been filing California and federal employment claims when firefighters suffer discrimination, harassment, or retaliation in the workplace.
We’ve helped employees obtain more than $150 million in recoveries. Some of our notable recoveries on behalf of firefighters include:
Quick Questions
- What is employment discrimination?
- Which federal and California laws protect Oakland firefighters from discrimination?
- Do I have a sexual harassment claim?
- How do your Oakland employment lawyers fight for firefighters who suffer retaliation?
- How much is my employment claim worth in California?
- Do you have an Oakland firefighter discrimination lawyer near me?
What is employment discrimination?
Employment discrimination occurs when your employment conditions are negatively affected and you are a member of a protected class. At McNicholas & McNicholas, LLP, our lawyers are skilled at showing that these two conditions apply to your employment.
- Negative (adverse) employment conditions. These include:
- Not being recruited for or denied a job
- Not receiving a duly earned promotion
- Not being given the proper training
- Not being given opportunities for advancement
- Being moved to an undesirable location
- Being suspended or fired
- Protected class. Various federal and California employment laws (each law may protect different people) protect employees from discrimination based on the following protected classes:
- Race
- National origin
- Color
- Gender
- Sexual orientation or sexual preference
- Age
- Religion
- Disability
- Pregnancy/childbirth
- Military or veteran status
- Weight
Employment discrimination includes more than just being denied employment opportunities based on your background. Employment discrimination generally also includes enduring harassment (including sexual harassment) and retaliation for asserting your legal rights. Employment discrimination also includes being denied the reasonable accommodations you need to do your job if you’re disabled, and other types of employer misconduct.
According to The Mercury News, female firefighters face certain challenges. Most firehouses don’t have separate changing rooms or bathrooms for women. The personal protective equipment doesn’t fit many female firefighters. About 7.5% of firefighters in Oakland are female.
Which federal and California laws protect Oakland firefighters from discrimination?
At McNicholas & McNicholas LLP, we use every employment law that protects your circumstances.
The federal laws that protect Oakland firefighters who work for the Oakland Fire Department include:
- 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
In California, The Fair Employment and Housing Act (FEHA) is the law that protects firefighters from discrimination. The protected classes under this law include race, sexual orientation, gender, disability, veteran status, religion, and being over 40. The FEHA generally applies to employers who have fire companies with five or more employees. The FEHA provides some protections, like harassment protection, for independent contractors.
Examples of firefighter discrimination cases
Our employment lawyers handle all types of discrimination cases for Oakland firefighters. Here are a few examples that will help you understand the types of discrimination cases we handle for firefighters:
- A male African American firefighter can file for a claim for financial and emotional damages when he endures insults, death threats, and the humiliation of finding feces in his locker.
- A firefighter can file a discrimination claim against the California Department of Forestry and Fire Protection when his bosses call him names and create a hostile work environment due to his disability and sexual orientation.
- A female firefighter can file a discrimination claim based on gender discrimination due to her gender and national origin, sexual harassment, and retaliation.
Do I have a sexual harassment claim?
At McNicholas & Nicholas, LLP, we file sexual harassment claims, based on violations of Title VII, FEHA, and other laws, with the Equal Employment Opportunity Council (EEOC) and the California Civil Rights Department. We pursue these claims in Alameda County state courts and federal courts.
Sexual harassment claims include quid pro quo harassment (demanding sexual favors in return for employment benefits) and the creation of a hostile work environment (making work insufferable due to sexual discussions, displays of sexual material, sexual jokes, and other offensive conduct).
How do your Oakland employment lawyers fight for firefighters who suffer retaliation?
Our Oakland employment lawyers demand compensation when an employer of a firefighter punishes or tries to intimidate a firefighter who:
- Files their own discrimination or harassment claim
- Supports another worker’s discrimination claims – for example, testifying on behalf of another firefighter
- Files a federal False Claims Act whistleblower claim or a California False Claims Act whistleblower claim
- Files a workers’ compensation claim
- Asserts any legal right
Acts of retaliation include being transferred, given unfavorable assignments, demoted, suspended, fired, or harassed.
How much is my employment claim worth in California?
At McNicholas & McNicholas, our employment lawyers demand compensation for all your financial and personal damages. These damages generally include some or all of the following:
- Back pay and future income losses
- Lost benefits and lost seniority
- Injunctive relief, including job reinstatement, granting of a promotion, and other non-monetary relief
- Emotional distress and damage to your reputation
- Statutory damages
- Attorney fees and court costs
You may be entitled to punitive damages for unconscionable conduct. The employer may be required to implement discrimination policies and procedures.
Do you have an Oakland firefighter discrimination lawyer near me?
McNicholas & McNicholas, LLP consults with firefighters at our Los Angeles office located in Westwood at 10866 Wilshire Blvd., Suite 1400. We also conduct phone and online.
We understand your anger and your pain. You deserve to be judged and treated with respect. We’ll fight for the compensation you deserve.
Talk with our accomplished Oakland firefighter discrimination attorneys now
Contact us as soon as you can. Early intervention helps send a message to employers, increases your ability to obtain the evidence you need, and gives you comfort that you have an experienced advocate on your side. At McNicholas & McNicholas, LLP, we have earned the respect and trust of former clients for our impressive record of results. Our Oakland employment attorneys represent firefighters when employers discriminate, harass, and retaliate, causing firefighters to suffer financially and emotionally. Please call us or complete our contact form today to schedule a consultation.
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