McNicholas & McNicholas LLP - Los Angeles Personal Injury and Employment Lawyers

Oakland Employment Lawyers Representing Police Officers

Accomplished representation for Oakland, CA law enforcement officers when employers discriminate

At McNicholas & McNicholas, LLP, we work to ensure that police officers, sheriff’s deputies, and other law enforcement officials (local, state, and federal) aren’t denied job opportunities or terminated because of their identity characteristics. Our Oakland employment lawyers assert the federal and California laws that protect police officers from discrimination, harassment, or retaliation based on their race, national origin, gender, religion, and other factors. We also fight for law enforcement officers who are harassed (sexually, racially, or for other personal reasons) or when employers retaliate because an officer asserts their legal rights.

Our family-run firm has obtained many large verdicts and settlements for police officers throughout California. Some of our success stories include the following:

$ million
for two male police officers. The case also involved a retaliation claim.
$ million
for a veteran police officer when the police department retaliated for the officer testifying in a Fair Labor Standards trial
$ million
for 10 motor officers who refused to follow a ticket quota
$ million
for the first African American member of an LAPD bomb squad for discrimination, harassment, and retaliation
$ million
for a Japanese American police officer for discrimination, harassment, and retaliation

Quick Questions

What is police officer employment discrimination?

The following factors must be present to file an employment discrimination claim:

  • The police officer, sheriff’s deputy, or other law enforcement officer must be an employee (some exceptions may apply)
  • The officer should suffer some adverse employment conditions such as not being hired or promoted, being denied quality assignments or opportunities for advancement, or being fired.
  • The adverse economic condition must be due to the officer’s protected class status which includes race, color, national origin, religion, disability, age, gender, or other factors.

Examples of employment discrimination in Oakland include harassment at work, not having reasonable accommodations to work if an officer is disabled, preferential treatment for men, not altering physical labor assignments for pregnant women, and not giving older workers comparable assignments to younger workers.

Sexual harassment

At McNicholas & McNicholas, our employment lawyers also file claims for sexual harassment. Sexual harassment includes:

  • Quid pro quo harassment. This type of sexual harassment involves conditioning employment advancement with sexual favors.
  • The creation of a hostile work environment. This type of sexual harassment involves the creation of an upsetting workplace environment due to sexual conversations, disclosing sexual photos and images, sexual jokes, and other sexual conduct. You can file a sexual harassment claim based on a hostile work environment even if you are not the target or focus of the sexual conduct.

According to Title VII of the Civil Rights Act of 1964, sexual harassment at work is a form of sex discrimination. California sexual harassment law is comparable.

Retaliation

Our Oakland employment lawyers file employment claims if your employer retaliates when you file your own employment claim or support another person’s employment claim. Employers of police officers, sheriff’s deputies, and other officers may retaliate when an officer or law enforcement employee files a False Claims Act whistleblower claim, a discrimination claim, a workers’ compensation claim, or asserts any other legal right. By law, employers in Oakland are not permitted to retaliate when you assert your legal rights.

Which federal and California laws protect police officers from discrimination?

At McNicholas & McNicholas, LLP, we use the following laws to show that your employment rights or civil rights have been violated. Your discrimination claim is based on these violations.

Our Oakland discrimination lawyers will explain which law and which protections apply to your situation.

How do your Oakland employment lawyers prove discrimination in the workplace?

At McNicholas & McNicholas, LLP, we’ve been advocates for police officers, sheriff’s deputies, and other law enforcement officers for more than 30 years. We understand:

  • How each phase of your claim works, including the initial consultation
  • The laws that apply
  • The evidence that helps support your claim
  • The arguments your employer is likely to assert
  • Where to file your claim
  • How to negotiate a settlement
  • How to argue your case before the EEOC or the California Civil Rights Department
  • How to advocate for you before a jury in the Oakland state or federal courts.

One of our key areas of focus is helping you obtain the evidence you need. Much of that evidence may be in the control of your employer, which is why you need an experienced Oakland employment lawyer on your side. We understand when and how your employer must disclose the evidence they have, such as performance reviews, policies and procedures for promotions and other employment matters, email and written communications, your pay and benefits, and all other evidence in their possession.

We work with you throughout the discovery process to question everyone who has information about how you suffered discrimination, harassment, or retaliation. We also use the discovery process to obtain all relevant documents and records.

Our Oakland employment lawyers also understand what other evidence can help your case, such as statistical records and reports about how your employer treats other members of your protected class, and any other complaints that have been filed against your employer.

What rights do police officers and sheriff’s deputies in Oakland have when employers retaliate?

Filing a complaint against the Oakland Police Department, the Alameda County Sheriff’s Office, or any law enforcement employer requires courage. Your coworkers may be pressured not to testify. Some employers may try to intimidate you or punish you by giving you difficult assignments or tedious desk work, deny a promotion, or transfer you to another location. Your employer may even fire you.

At McNicholas & McNicholas LLP, we file retaliation complaints against police departments and other law enforcement officers if they retaliate because you:

  • Filed a discrimination or harassment claim
  • Supported another person’s discrimination or harassment claim
  • Asserted any other legal rights such as:
    • Filing a whistleblower claim under the federal or California False Claim Act
    • Filing a workers’ compensation claim
    • Asking for leave under the federal or state medical leave acts
    • Serving on a jury

What damages can police officers receive for employment discrimination in Oakland?

Our Oakland employment lawyers demand compensation due to discrimination or harassment for the following (depending on the law that governs your claim):

  • Lost income, including back pay and future losses
  • Lost benefits, including health, retirement, and seniority benefits
  • Emotional trauma, including pain and suffering and loss of reputation
  • Injunctive relief that requires your employer to hire you, rehire you, promote you, or provide other employment considerations
  • Attorney fees and court costs
  • Statutory damages

If the employer’s conduct was unconscionable, you may also be entitled to punitive damages.

Do you have an Oakland law enforcement discrimination lawyer near me?

McNicholas & McNicholas, LLP meets police officers and other law enforcement officers at our Los Angeles office located in Westwood at 10866 Wilshire Blvd., Suite 1400. Our attorneys also consult by phone and through online discussions.

We’ll explain your rights and guide you through each step of the claims process.

Talk with an accomplished Oakland employment discrimination lawyer today

Becoming a police officer is hard work. Working as a police officer is a difficult job. Police officers have the right to expect their employers will support them instead of discriminating against them. At McNicholas & McNicholas, LLP, our lawyers have the experience, resources, and record of success, including numerous recoveries against police departments and California cities, to represent police officers. Our Oakland employment lawyers are ready to aggressively fight for your rights. Call us or fill out our contact form to schedule a consultation.

Practice Areas

Our Successes

$300,000,000
Class action settlement on behalf of consumers against Epson America, Inc. for installation of a “smart chip” in its printers that shut down when there was still a substantial amount of ink left on the cartridge.

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