San Jose Employment Lawyers Representing Firefighters
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$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
Strong advocacy when California’s firefighters face discrimination, harassment, and retaliation
San Jose’s firefighters help protect homeowners, business owners, and communities from fires, smoke, burns, respiratory illnesses, and death. They deserve to be respected for the work they do. Instead, many firefighters are disrespected due to employment discrimination. At McNicholas & McNicholas, LLP, we hold fire departments and other fire safety employers accountable when they fail to protect firefighters from employment discrimination or harassment, and when they retaliate when firefighters assert their rights. Our San Jose employment lawyers fight for firefighters when their employers violate federal employment laws, California’s employment laws, and local employment regulations in San Jose.
Our employment lawyers have obtained substantial recoveries for firefighters whose employee rights weren’t honored by their employer. Some of our largest recoveries include:
$3 Million
for six firefighters who blew the whistle on a dangerous and unlawful “Operation Catch-Up” fire department program. The recovery was for the damages the firefighters suffered when the LAFD retaliated.
$2.75 Million
for an employee of a California fire department who faced retaliation after disclosing potential grant fraud and abuse.
$1.5 Million
for a young firefighter against a municipal fire agency for more than three years of discrimination, harassment, and retaliation.
$1.5 Million
for two recruits for violation of California’s Fair Employment Housing Act who suffered discrimination, harassment, and retaliation.
Quick Questions
- When does employment discrimination against firefighters occur?
- Which federal and California laws protect firefighters from discrimination?
- Do your San Jose employment lawyers file sexual harassment claims on behalf of firefighters?
- Do your San Jose employment lawyers file retaliation claims on behalf of firefighters?
- What damages can I claim if I suffer discrimination, harassment, or retaliation at work?
- Do you have a San Jose firefighter discrimination lawyer near me?
When does employment discrimination against firefighters occur?
Firefighters place their lives on the line every day. At McNicholas& McNicholas, LLP, our lawyers hold fire safety employers accountable when they make decisions about hiring, workplace opportunities, and firing based on an employee’s race, national origin, gender, religion, national origin, age, sexual orientation, or another protected class.
Our employment discrimination attorneys fight for firefighters who suffer any type of discrimination based on their protected class status. Federal laws and California laws protect workers (depending on the specific law) from employment discrimination based on:
- Race
- Gender
- Age (generally, 40 or older)
- Gender
- Sexual orientation
- Pregnancy
- Veteran status
- National origin
- Religions
- Disability
- Weight
At McNicholas & McNicholas, LLP, our lawyers have the experience and resources to show that fire departments and other fire employers and agencies violated federal, California, and San Jose employment laws and regulations. These laws/regulations protect workers from discrimination, harassment, hostile work environments, and retaliation for asserting their rights or helping another worker assert their rights.
According to the San Jose Spotlight, “The San Jose Fire Department, the largest in the region with 665 firefighters, has the lowest percentage of female firefighters — just 16, or 2%.”
Which federal and California laws protect firefighters from discrimination?
Some of the federal laws that protect firefighters from discrimination in San Jose 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) protects firefighters from discrimination based on race, sexual orientation, gender, religion, disability, veteran status, and age (for firefighters over 40). The law applies to fire companies with five or more employees.
Examples of firefighter discrimination cases
- A male African American firefighter found feces in his locker, suffered death threats, and endured insults. He filed a claim for his lost wages, mental and emotional injuries, and earning capacity.
- A firefighter faced retaliation from other firefighters for disclosing illegal conduct. He prevailed in his whistleblower retaliation lawsuit for his claim of harassment, discrimination, and retaliation.
- A firefighter filed a legal claim against the California Department of Forestry and Fire Protection due to discrimination for his disability and sexual orientation. He alleged that his bosses called him names and were hostile to the point his physician placed him on medical leave.
- A female firefighter filed a legal claim for gender discrimination, national origin discrimination, sexual harassment, and retaliation.
Do your San Jose employment lawyers file sexual harassment claims on behalf of firefighters?
At McNicholas & Nicholas, LLP, we also file sexual harassment claims in addition to discrimination and retaliation claims. Male firefighters can also be sexually harassed, though most sexual harassment claims are brought by women. Our San Jose employee discrimination lawyers file sexual harassment claims before the EEOC, the California Civil Rights Department, and in the federal and local courts. Sexual harassment includes creating a hostile work environment and quid pro quo (employment favors for sexual favors) harassment.
We also file harassment claims against protected classes.
Most San Jose firefighters are public employees. This means if the fire department or agency you work for discriminates, harasses you, or retaliates; we normally file your claim against the San Jose Fire Department and the City of San Jose.
Some employers may retaliate if you file an employment discrimination or harassment claim, a whistleblower claim (under the California False Claims Act or the federal False Claims Act) or assert any other employment right such as the right to workers’ compensation.
Retaliatory acts include being fired, demoted, suspended, denied advancement opportunities or promotions, denied pay, transfers to less desirable locations or jobs, or being harassed by supervisors or fellow firefighters.
The discrimination laws (and False Claims Act laws) generally protect employees by permitting the filing of retaliation claims against employers.
- Lost income
- Lost benefits
- Lost seniority
- Injunctive relief, including reinstatement of your job, being hired for a job, or being promoted
- Emotional suffering and damage to your reputation
- Statutory damages
- Attorney fees and court costs
Some firefighters may also receive punitive damages.
Do you have a San Jose firefighter discrimination lawyer near me?
McNicholas & McNicholas, LLP meets firefighters at our Los Angeles office located in Westwood at 10866 Wilshire Blvd., Suite 1400. Our employment lawyers also consult with clients by phone and through online video conversations.
We’ll assert your rights and demand the compensation you deserve.
Discuss your rights with our San Jose firefighter discrimination attorneys today
Don’t delay contacting us. There are time limits for filing your claim. Early representation helps protect your rights. At McNicholas & McNicholas, LLP, we’ve been fighting for firefighters for more than 30 years. Our family-run practice understands just how devastating the loss of a job or the inability to do the job you’re qualified to do is. Our San Jose employment lawyers represent firefighters who suffer discrimination, harassment, or retaliation. Please call us or complete our contact form today to schedule a complimentary consultation.
List of Agencies We are Suing or Have Sued
- LAPD
- LA Co Sheriff
- Berkely PD
- Riverside PD
- Huntington Beach PD
- Redondo Beach PD
- Ukiah PD
- Willits PD
- City of Richmond (Non LEO/Employment)
- Palo Alto PD
- Santa Barbara County Sheriff
- Chula Vista PD
- San Joaquin County Sheriff
- Fremont PD
- Walnut Creek PD
- Shasta County Sheriff
- Contra Costa Sheriff (Non LEO/Employment)
- El Segundo PD
- San Diego PD
- El Monte PD
- Pomona PD
- LAWA
- Culver City PD (Non LEO)
- Berkeley Fire/CoB (Non LEO)
- LAFD