San Diego Employment Lawyers Representing Firefighters

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$2 Billion
in Personal Injury Results

$150 Million
in Employment Law Results
for First Responders

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Holding fire departments accountable for employee discrimination, harassment, or retaliation

Firefighters risk burns, lung damage, falls, and their lives every time they are called to extinguish a fire. Our brave San Diego firefighters help protect people, residences, commercial property, and parks from building fires, wildfires, and other hazards. At McNicholas & McNicholas, LLP, we appreciate how critical firefighters are to the San Diego community. That’s why we’ve been working for 35 years to protect firefighters from discrimination and harassment while they work and retaliation when fire departments intimidate or punish firefighters who assert their rights.

Our record of recoveries in firefighter employment cases includes the following:

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$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.

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$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.

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$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 case, we obtained $1.5 Million for an employee of a municipal fire agency that improperly treated our client for more than three years. The employee was hurt while doing his job. We filed a discrimination, harassment, and retaliation claim when the fire agency gave him administrative work, even after he completed his rehabilitation, harassed him, and ultimately forced him to resign due to his disability and work restrictions.

Quick questions

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What’s necessary to file an employment discrimination claim in San Diego?

There are more than 20 San Diego county stations and more than 15 state-owned stations. The City of San Diego has more than 50 fire stations. Firefighters and other San Diego County Fire Protection District and San Diego Fire-Rescue Department staff in these stations can file discrimination claims in federal and state courts if:

  • They are members of a protected class, and
  • Their employer adversely affects their employment.
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Protected class

Generally, you are a member of a protected class if the statute we use to file a claim protects your class. For example, the California Fair Housing and Employment Act protects the following classes:

  • Race, color
  • Ancestry, national origin
  • Religion, creed
  • Age (40 and over)
  • Disability, mental and physical
  • Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
  • Sexual orientation
  • Gender identity, gender expression
  • Medical condition
  • Genetic information
  • Marital status
  • Military or veteran status

Adverse employment conditions

Examples of adverse employment conditions include the following:

  • Terminating your employment;
  • Denying a promotion – especially when someone with less qualifications is promoted instead of you;
  • Reducing your pay:
  • Not giving you the training and assignments you need to advance:
  • Not providing reasonable workplace accommodations if you have a disability;
  • Assigning you to an undesirable station; or
  • Adversely affecting your employment in some other way.

Typically, workplace harassment (racial, sexual, or other types of workplace) is a form of employment discrimination.

When can firefighters file a harassment claim in San Diego?

Both Title VII of the US Civil Rights Act of 1964 and the California Fair Employment and Housing Act (CFEHA) protect employees from sexual harassment. CFEHA prohibits harassment of:

Employees, applicants, unpaid interns, volunteers, and independent contractors by any persons and require employers to take all reasonable steps to prevent harassment. This includes a prohibition against sexual harassment, gender harassment, harassment based on pregnancy, childbirth, breastfeeding, and/or related medical conditions, as well as harassment based on all other characteristics listed above.”

CFEHA also requires that employers with 50 or more employees and all public entities (such as the San Diego County and city fire departments) provide sexual harassment and abusive conduct prevention training for all supervisors.

Sexual harassment

At McNicholas & McNicholas LLP, our employment lawyers file sexual harassment claims when either of the following grounds exist:

  • "Quid pro quo" sexual harassment. This type of harassment involves conditioning a job, promotion, or other work benefit on “submission to sexual advances or other conduct based on sex.
  • "Hostile work environment" sexual harassment. This type of harassment involves unwelcome sexual comments or conduct that “unreasonably interfere with your work performance or creates an intimidating, hostile, or offensive work environment.” You can file a hostile work environment sexual harassment claim even if you are not the focus of the offensive conduct.

Examples of sexual harassment include:

  • Unwanted sexual advances
  • “Leering; gestures; or displaying sexually suggestive objects, pictures, cartoons, or posters;”
  • Derogatory verbal comments, jokes, words, messages, or invitations; and
  • Physical touching or assault, as well as impeding or blocking movements.

Sexual harassment is a form of discrimination.

All types of harassment

Generally, any member of a protected class can file a harassment claim if the conduct of the employer creates a hostile work environment.

Employers may be liable for harassment if they fail to:

  • Distribute government-approved discrimination and harassment pamphlets;
  • Post a copy of the Department's employment poster entitled "California Law Prohibits Workplace Discrimination and Harassment;"
  • Develop harassment, discrimination, and retaliation prevention policies.
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When can firefighters file a retaliation claim in San Diego?

Employers cannot try to punish or intimidate you for exercising your rights. At McNicholas & McNicholas, we file retaliation claims against fire departments if they adversely affect your employment when you:

  • File a federal or CA discrimination lawsuit or harassment claim;
  • File a workers’ compensation claim;
  • File a whistleblower lawsuit;
  • Request medical family leave; or
  • Assert any other legal right.

What employment laws protect firefighters from discrimination in San Diego?

At McNicholas & McNicholas LLP, we assert the following employment laws, among others, on your behalf:

We normally begin your case by filing your employment discrimination claim with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CCRD). The next step, if the EEOC or CCRD cannot resolve your claim, is to file your claim with the Superior Court of California County of San Diego or the US District Court for the Southern District of California.

Do you handle non-discrimination employment claims on behalf of firefighters in San Diego?

At McNicholas & McNicholas LLP, we handle the following types of claims in addition to discrimination, harassment, and retaliation claims for firefighters, police officers, and other first responders:

  • Executive compensation claims;
  • Claims for your full wage and hour benefits;
  • Whistleblower claims; and
  • Claims for family medical leave benefits;
  • Wrongful termination.

What damages can firefighters receive if they file an employment claim in San Diego?

Our San Diego employment discrimination lawyers demand that fire departments pay firefighters (and other staff members such as paramedics) for all your back pay and benefits and future (front) pay and benefits, including:

  • Loss of:
    • Income;
    • Insurance, vacation, and other work benefits;
    • Seniority;
    • Pension and other retirement benefits; and
    • Executive compensation;
  • Your emotional suffering and any damage to your reputation;
  • Statutory damages;
  • Legal fees and court costs;
  • Interest; and
  • Punitive damages.

Our San Diego employment lawyers also seek judicial orders to address wrongs that money alone cannot fix, including:

  • Job reinstatement;
  • Granting you the promotion you deserve;
  • Hiring you;
  • Providing reasonable accommodations to do your job; and
  • Order fire departments to create and implement discrimination, harassment, and retaliation policies – in writing.

Do you have a San Diego firefighter discrimination lawyer near me?

McNicholas & McNicholas, LLP meets firefighters and other firefighter staff in person – at our office located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024 – and remotely - by phone and online video consultations.

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

Assert your rights by calling our San Diego firefighter discrimination lawyers now

You need your job to provide for yourself and your family. Firefighters enjoy their work because they help the San Diego community. At McNicholas & McNicholas, LLP, we are respected by former clients and the legal community because clients know they can trust us to fight for the strongest results possible when employers violate their rights. Call our San Diego firefighter employment attorneys or complete our contact form today to schedule a free consultation.

List of Fire Departments We are Suing or Have Sued

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  • Berkeley Fire/CoB (Non-LEO)
  • Los Angeles Fire Department