San Bernardino Employment Lawyers Representing Firefighters
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$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
Accomplished advocacy when fire departments discriminate, harass, or retaliate against their employees
Firefighters in San Bernardino help to extinguish residential fires, commercial fires, and wildfires. They also prevent smoke damage and damage due to hazardous materials. Some firefighters also provide medical assistance. At McNicholas & McNicholas, LLP, we consider it a great honor to help firefighters who regularly risk their lives to protect the residents of San Bernardino. Our San Bernardino firefighter discrimination lawyers file discrimination, harassment, and retaliation claims when the San Bernardino Fire Department and other California fire departments fail to honor the rights of their employees.
Our record of success in firefighter employment cases includes the following:
$3 Million
in a retaliation case when six firefighters disclosed a dangerous and unlawful “Operation Catch-Up” fire department program.
$2.75 Million
in another retaliation case for an employee of a fire department who disclosed potential grant fraud and abuse.
$1.5 Million
for two firefighter recruits who suffered discrimination, harassment, and retaliation in violation of the California Fair Employment Housing Act.
In one illustrative case, we obtained $1.5 Million in a combined discrimination, harassment, and retaliation case for a municipal fire agency employee when the employer failed to respect the employee’s rights for more than three years. The firefighter sustained an on-duty injury. He was placed on “light duty” status, which limited him to administrative work even though he had completed his rehabilitation. Our client asserted that he was subjected to harassment due to his disability and work restrictions. His employer never investigated his claims, forcing him to resign.
Quick Questions
- When can I file an employment discrimination claim in San Bernardino?
- What employee discrimination laws protect San Bernardino employment?
- When can firefighters file a sexual harassment claim in San Bernardino?
- When can firefighters file a retaliation claim in San Bernardino?
- What other types of employment claims do you file for firefighters?
- What damages can firefighters receive when employers violate their rights?
- Do you have a San Bernardino firefighter discrimination lawyer near me?
When can I file an employment discrimination claim in San Bernardino?
At McNicholas & McNicholas, LLP, we file discrimination claims when the following two conditions apply:
- The San Bernardino Fire Department adversely (negatively) affects your employment by:
- Not hiring you;
- Firing you;
- Failing to train or educate you;
- Failing to provide reasonable workplace accommodations if you have a disability;
- Failing to promote you;
- Transferring you to an undesirable location, giving you undesirable assignments, or
- Adversely affecting your employment in some other way.
- You’re a member of a protected class. This means that federal law, California law, or court cases protect you based on an identity characteristic such as:
- Race, color, or national origin;
- Gender, sexual preference, or sexual orientation;
- Disability;
- Age (generally 40 or older);
- Religion;
- Pregnancy/childbirth;
- Military/veteran status; or
- Weight
Employment discrimination of firefighters also includes sexual harassment, racial harassment, failing to alter working conditions for pregnant firefighters, and other types of employer misconduct.
What employee discrimination laws protect San Bernardino employment?
Our San Bernardino firefighter discrimination lawyers assert the federal and California laws, as well as any San Bernardino laws, that protect firefighters who work for the San Bernardino County Fire Protection District. These laws include:
- 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
- Title VII of the Civil Rights Act of 1964
- The California Fair Employment and Housing Act (FEHA)
Generally, federal discrimination workers protect employees whose employers have 15 or more employees, while the California FEHA protects employees if their employers have five or more employees. The California FEHA protects both employees and independent contractors. We’re here to explain when independent contractors can file federal discrimination claims. The San Bernardino Fire Protection District has more than 1,000 workers – most of whom are employees. In addition to firefighters, these laws protect fire engineers, ambulance operators, professional staff, and other first responders.
Discrimination claims that involve a federal law are filed with the Equal Employment Opportunity Commission (EEOC). State claims begin with the California Civil Rights Department. If those agencies fail to resolve your claim, we file complaints with the appropriate state and federal courts.
When can firefighters file a sexual harassment claim in San Bernardino?
Firefighter departments may commit sexual harassment of other firefighters, administrative staff, and other workers in two basic ways according to Title VII of the US Civil Rights Act of 1964 and the California FEHA:
- Quid pro quo harassment. Here, someone in a position of authority within a fire department conditions an employee’s job, promotion, or assignments on the performance of sexual favors.
- Hostile workplace harassment. Here, an employee is subject to sexual conversations, jokes, innuendos, images, and other sexual conduct to the point that they cannot do their job. Employees can file a hostile workplace harassment claim even if they are not the focus of the sexual harassment.
Sexual harassment is a form of discrimination.
When can firefighters file a retaliation claim in San Bernardino?
Employers have the right to file answers to discrimination and harassment complaints. They do not have the right to take punitive actions when fire department fighters and other workers assert their rights. At McNicholas & McNicholas we hold fire departments and other public and private employers liable for firing you, denying a promotion or a raise, or adversely affecting your job in any way because you asserted your legal rights.
Our San Bernardino employment discrimination lawyers file retaliation lawsuits when an employer retaliates because you:
- File a federal or California discrimination or harassment claim;
- File a whistleblower claim under the federal False Claims Act or the California False Claims Act;
- File a workers’ compensation claim;
- Support another employee’s claim or rights;
- Assert any other legal right.
What damages can firefighters receive when employers violate their rights?
At McNicholas & McNicholas, our lawyers understand how hard you worked to qualify for your firefighter job and how hard you work at your job. We review every way that your inability to have a job, have the pay you deserve, or do your job as you should - deserve compensation. Our lawyers demand compensation (based on your type of claim) for all your current (to date) and future:
- Loss of income, including wages and salary;
- Loss of health insurance and other work benefits;
- Loss of seniority;
- Loss of retirement benefits;
- Loss of executive compensation;
- Emotional suffering;
- Damage to your reputation;
- Statutory damages;
- Legal fees;
- Court costs;
- Interest; and
- Punitive damages.
We also seek injunctive relief (court orders) to reinstate your job, obtain employment, obtain promotions, obtain reasonable accommodations, and other non-financial workplace conditions.
Do you have a San Bernardino firefighter discrimination lawyer near me?
McNicholas & McNicholas, LLP meets with firefighters and other fire department employees at our Los Angeles office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024. Our team also consults with firefighter workers by phone and through online video discussions.
We’re here to explain your rights and fight for all the compensation you deserve.
Get help from our experienced San Bernardino firefighter discrimination lawyers now
Firefighters and the workers who support them have the right to fundamental decency. When fire departments fail to comply with federal, California, and San Bernardino laws and regulations, McNicholas & McNicholas, LLP, is ready to hold your employer accountable. Call our San Bernardino employer lawyers or complete our contact form today to schedule a free consultation.
List of Fire Departments We are Suing or Have Sued
- Berkeley Fire/CoB (Non LEO)
- Los Angeles Fire Department