San Diego Employment Lawyers Representing Police Officers
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$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
Holding police departments accountable for discrimination, harassment, and retaliation
San Diego residents regularly rely on police officers to protect them from violent crimes, theft, other criminal offenses, and disputes. They also rely on the police to help when vehicle accidents occur, or other emergencies happen. Sheriffs provide law enforcement, detention, court, human resources, and other helpful services. At McNicholas & McNicholas, LLP, our employment lawyers actively work to protect all law enforcement officers in San Diego when employers make employment decisions based on the personal identity characteristics of employees who belong to a protected class – instead of making decisions on the quality of the employee’s performance.
Our San Diego employment lawyers file claims with federal and state agencies and lawsuits in federal and state courts. For 35 years, we’ve been fighting to hold county and city departments liable when they violate your employment rights. Our record of success in police employment cases includes:
$13.1 Million
in a sex discrimination and retaliation case on behalf of two male LAPD police officers.
$11.65 Million
in a retaliation case for a dog handler in an LAPD K9 Bomb Unit.
$11.56 Million
jury verdict in a discrimination and retaliation case for a former LAPD Bomb K9 trainer who reported violations of law.
$10.1 Million
verdict for a Captain at the Los Angeles Police Department against the LAPD.
$5.9 Million
in a retaliation case for 10 Los Angeles Police Department motor officers who refused to comply with a ticket quota.
Quick questions?
- What are the grounds for filing a police employment discrimination claim in San Diego?
- What are the requirements for filing a law enforcement harassment claim in San Diego?
- Can I file a retaliation claim if a police department or sheriff’s office tries to punish me for filing a discrimination claim?
- What types of non-discrimination police employment claims do your San Diego lawyers handle?
- What employment laws protect law enforcement employees?
- What steps do you take to protect police officers and sheriff’s deputies from discrimination in San Diego?
- What is the value of my police/sheriff’s officer discrimination claim in California?
- Do you have a San Diego law enforcement discrimination lawyer near me?
What are the grounds for filing a police employment discrimination claim in San Diego?
At McNicholas & McNicholas LLP, we file employment claims against the City of San Diego Police Department and the San Diego County Sheriff’s Office when they adversely affect your employment – if you are a member of a protected class.
Adverse employment includes any employment decision that affects you in a negative way, such as being fired, not receiving a promotion, being given undesirable job assignments, being transferred to a less desirable station or office, not being hired, being suspended, or having your pay reduced.
Employment discrimination also includes workplace harassment, not being given assignments to improve your chance of being promoted, and not being given reasonable accommodations to do your job if you have a disability or are pregnant.
Law enforcement officers are “protected” based on the terms of each discrimination law. For example, The California Fair Employment and Housing Act defines a protected class as follows:
- Race or color;
- National origin/ancestry;
- Religion or creed;
- Age (40 and over);
- Disability – physical or mental;
- Sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions);
- Sexual orientation;
- Gender identity, gender expression;
- Genetic or medical condition (such as weight);
- Military or veteran status; and
- Marital status.
What types of workplace harassment claims can I file in San Diego?
A hostile work environment
Workplace harassment includes any conduct that your employer should control that creates a hostile work environment or prevents you from doing your job - provided that you are a member of a protected class. The conduct can be physical or verbal. You can file a harassment claim even if the harassment is directed at another worker. Examples of workplace harassment include racial harassment, sexual harassment, gender harassment, and harassment of someone with a disability.
Harassment that affects your ability to do your job or that creates a hostile work environment can be done by a supervisor, co-worker, non-employee, or anyone else that the employer can control.
Sexual harassment
One type of harassment that our San Diego employment lawyers regularly handle is sexual harassment. If sexual conduct creates a hostile work environment, workers can file a sexual harassment lawsuit even if they are the same sex as the harasser.
Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) generally define sexual harassment as sexual advances that are unwelcome.
You can file a sexual harassment claim if someone in a position of authority requests sexual favors in return for positive employment conditions such as a promotion. This type of harassment is called “quid pro quo harassment” because your employment opportunities depend on sexual favors.
In one harassment and discrimination case, we obtained $950,000 for a Los Angeles police officer when her request for medical leave resulted in harassment and discrimination.
Can I file a retaliation claim if a police department or sheriff’s office tries to punish me for filing a discrimination claim?
At McNicholas & McNicholas LLP, we hold employers accountable, including the City of San Diego Police Department and the San Diego County Sheriff’s Office, if they try to intimate or punish you for reporting or filing your own employee rights claim or supporting another co-worker’s employee rights. These employee rights include the right to:
- File a discrimination, harassment, or retaliation claim;
- File a whistleblower’s claim;
- File a worker’s compensation claim;
- File a request for family medical leave;
- Support another worker’s claim; and
- Assert any other legal right.
What types of non-discrimination police employment claims do your San Diego lawyers handle?
At McNicholas & McNicholas, we handle the following types of employment claims in addition to discrimination, harassment, and retaliation claims:
- Executive compensation. Most managers and workers with unique skills have written employment contracts. Our San Diego employment letters hold employers to the terms of these contracts, which often include your salary, insurance benefits, severance pay, stock options, retirement benefits, and other types of compensation.
- Wage and hour loss. Police officers, sheriff’s deputies, and other police and sheriff personnel have the right to be paid on a timely basis for the work they do, including overtime work – according to any collective bargaining agreements and the relevant federal, state, and San Diego laws and regulations.
- Termination claims. If your employer fires you in violation of any discrimination or other employment laws or in violation of any contracts or agreements, we can file employment claims for your financial damages and for job reinstatement.
- Family medical leave claims. We hold employers accountable when they deny your right to family medical leave in violation of the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
What employment laws protect law enforcement employees?
The following laws protect law enforcement officers from discrimination, harassment, and retaliation including:
Federal laws
- 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
- The Family Medical Leave Act or the California Family Rights Act;
California law
What steps do you take to protect police officers and sheriff’s deputies from discrimination in San Diego?
Our employment attorneys have obtained $150 Million in recoveries for police officers, firefighters and other first responders. Some ways that we fight for you include:
- Explaining your rights;
- Guiding you through each phase of your claim;
- Formally questioning, through written and oral questions, everyone who has information about your discrimination, harassment, or retaliation claim;
- Reviewing all relevant documents, such as work performance reviews;
- Reviewing the precise wording of the federal and state laws that protect you;
- Reviewing the terms of any written employment contracts or collective bargaining agreements;
- Anticipating and countering the legal and factual positions of your employer;
- Filing your claim before the EEOC, California Department of Civil Rights, and the federal and state courts;
- Working with expert professionals such as statistics experts to show how pervasive discrimination is;
- Negotiating with the insurance companies and lawyers for your employer; and
- Arguing your case before judges and juries.
What is the value of my police/sheriff’s officer discrimination claim in California?
Our San Diego employment lawyers demand compensation for all the different ways workplace discrimination, harassment, or retaliation (or the violation of your employment contracts and collective bargaining agreements) has caused financial and personal damage. We demand compensation for the following:
- Your current income losses (back pay) and your future income losses (front pay);
- The loss of insurance and other work benefits;
- The loss of executive compensation, including retirement benefits;
- The loss of seniority;
- Emotional distress and damage to your reputation;
- Statutory damages
- Legal fees and court costs
- Punitive damages, if applicable
We also seek court orders that direct your employer to rehire you, promote you, provide reasonable accommodations if you have a disability, and other orders to place you in the workplace position you deserve.
Do you have a San Diego law enforcement discrimination lawyer near me?
McNicholas & McNicholas meets police officers, sheriff’s officers, and other law enforcement personnel at our office located on Wilshire Blvd. in Los Angeles. Our lawyers also conduct remote conversations by phone and through online video, such as Zoom and FaceTime.
We’re prepared to answer your questions and address all your concerns.
Speak with our San Diego employment lawyers today
McNicholas & McNicholas, LLP, has a strong record of results in employment discrimination cases involving law enforcement workers. We’ve been fighting for first responders for 35 years. Our lawyers are ready to help you today. Call us or complete our easy-to-use contact form to schedule a free consultation.
List of Agencies We are Suing or Have Sued
- Berkeley PD
- Chula Vista PD
- Contra Costa Sheriff (Non-LEO/Employment)
- Culver City PD (Non-LEO)
- El Monte PD
- El Segundo PD
- Fremont PD
- Huntington Beach PD
- LA Co Sheriff
- LAPD
- Palo Alto PD
- Pomona PD
- Redondo Beach PD
- Riverside PD
- San Diego PD
- San Joaquin County Sheriff
- Santa Barbara County Sheriff
- Shasta County Sheriff
- Ukiah PD
- Walnut Creek PD
- Willits PD