San Jose Employment Lawyers Representing Police Officers
Free Case Evaluation
$2 Billion
in Personal Injury Results
$150 Million
in Employment Law Results
for First Responders
Advocating for law enforcement officers throughout San Jose and the state of California
At McNicholas & McNicholas, LLP, we hold police departments, sheriffs’ offices, and other law enforcement agencies accountable when their employment decisions (hiring, firing, promotions, and other employment opportunities) discriminate based on a police officer’s skin color, country of origin, race, gender, or sexual orientation. Sexual harassment and other types of harassment may be discriminatory. Our San Jose lawyers demand compensation for your financial losses and emotional trauma when law enforcement employers violate any federal or California employee rights laws. We also file retaliation claims when police departments retaliate against an officer who asserts their rights. For more than 30 years, we’ve been strong advocates for police officers and other workers.
$13.1 Million
for Two Male LADPD Police Officers in Sex Discrimination and Retaliation Case.
$11.65 Million
for an LAPD K9 Bomb Unit dog handler in retaliation case.
$10.1 Million
secured a $10.1 million verdict on behalf of a Captain at the Los Angeles Police Department, against the Los Angeles Police Department.
$5.8 Million
against the City of Los Angeles in a retaliation case on behalf of an LAPD officer.
$5.6 Million
for a Bomb Tech discrimination case.
$3.6 Million
for an LAPD employee facing retaliation after standing up for a female officer who had been subjected to harassment and discrimination.
$3.59 Million
for a Japanese-American police officer for harassment, discrimination, and retaliation.
$3 Million
on behalf of six Whittier police officers who allegedly faced retaliation for refusing to participate in an illegal quota.
$2.8 Million
secured a $2.8 million verdict on behalf of now-retired Riverside Police Department Officer Shawn Casteel against the City of Riverside.
$2.5 Million
retaliation lawsuit represented four officers from the Internal Surveillance Unit, an elite sector of the LAPD’s Special Operations Division.
$2.33 Million
for a female SWAT officer denied a position on an elite squad.
$2.17 Million
for three LAPD female employees for discriminatory and retaliatory actions.
Quick Questions
- What is police officer employment discrimination?
- Which federal and California laws protect police officers from discrimination?
- How do your San Jose employment lawyers prove discrimination in the workplace?
- What rights do police officers in San Jose have when employers retaliate?
- What damages can police officers receive for employment discrimination in San Jose?
- Do you have a San Jose law enforcement discrimination lawyer near me?
What is police officer employment discrimination?
Employment discrimination in the workplace generally applies when:
- An employee is treated unfairly, adversely, or differently from other employees
- Regarding various job opportunities including obtaining employment, job opportunities within the police department, and being terminated – and regarding the ability to do your job without being harassed or without being given the reasonable accommodations you need
- Due to the employee’s color, national origin, gender, religion, age, disability, or other factors – depending on which law we claim the law enforcement violated
We file claims against the San Jose California Police Department, the County of Santa Clara Office of the Sheriff’s Department, the city of San Jose, and the County of Santa Clara, and any other responsible entities.
A few examples of employment discrimination in San Jose police departments include:
- Bonuses and job opportunities are given to one race compared to other races
- Not giving disabled workers reasonable accommodations to do their jobs
- Taunts and conduct directed at female officers by male officers
- Giving older workers cases that aren’t as challenging as the cases given to younger workers
- Favoring some religious holidays over other holidays
Sexual harassment
We also file claims for sexual harassment. Sexual harassment includes:
- Quid pro quo harassment. This type of harassment involves promising promotions and other employment benefits in return for sexual favors or threatening demotions and other adverse consequences for refusing sexual favors.
- The creation of a hostile work environment. This type of sexual harassment occurs when an employee has to cope with offensive sexual comments, nonconsensual physical contact, sexual materials, sexual jokes, and other sexually related conduct.
Sexual harassment claims can be brought under Title VII of the Civil Rights Act of 1964 as a form of sex discrimination.
Retaliation
Retaliating against a worker who asserts their legal rights or helps another worker assert their rights may also violate federal or state employment discrimination laws. Legal rights include the right to file a discrimination or harassment claim, a whistleblower claim, and claims for workers’ compensation and other employment benefits.
Which federal and California laws protect police officers from discrimination?
At McNicholas & McNicholas, LLP, our lawyers understand the full range of federal and state laws and local regulations that protect employees. These employee rights laws include:
- Title VII of the Civil Rights Act of 1964. This law protects workers from discrimination based on their race, color, religion, national origin, or sex. Title VII also provides employment discrimination protection for women due to pregnancy, childbirth, or any related health conditions.
- The Age Discrimination in Employment Act (ADEA). This law makes it illegal to discriminate against a police officer if the officer is 40 or older.
- The Americans with Disabilities Act (ADA), and the Rehabilitation Act of 1973. These laws make discrimination in the workplace due to disability illegal.
- The Equal Pay Act of 1963. This law requires that women and men be paid the same.
- California’s Fair Employment and Housing Act (FEHA). This state law protects California employees from discrimination based on gender, sexual orientation, race, religion, veteran status, and being over 40.
Our San Jose employment lawyers will explain the eligibility requirements for each law, where your claim is litigated, and the employer penalties for violating the laws.
How do your San Jose employment lawyers prove discrimination in the workplace?
At McNicholas & McNicholas, LLP, our lawyers understand the unique legal and practical challenges in proving workplace discrimination involving police officers. We’ll explain what evidence you need to prove you suffered discrimination, how to obtain that evidence, and what obstacles to obtaining that evidence your employer will use.
The evidence needed in employment discrimination cases in San Jose includes:
- Direct evidence. This type of evidence includes oral and written statements, emails and other written communications, and other evidence that directly shows your employer discriminated against you concerning hiring, job opportunities, job advancement, and firing. Direct evidence can also include employer-written policies, performance reviews, statements (including derogatory, offensive, and undeserved statements) by other officers, and many other types of evidence.
- Indirect evidence. Our employment lawyers also review information involving how you were treated compared to other employees in the police department, any statistics the police department keeps, and other evidence other than direct communications.
Other employment discrimination evidence includes a comparison of the people within your protected class (depending on which law applies) and other employees, and any prior or contemporaneous complaints against the police department.
At McNicholas & McNicholas, we understand how police departments should operate, what protections they should have in place, and the various subtle and hidden ways police departments discriminate or try to get around employee protection laws.
What rights do police officers in San Jose have when employers retaliate?
It takes some courage to file a complaint against any employer. It takes additional courage to file a complaint against the San Jose Police Department or the County of Santa Clara Sheriff’s Office. Officers and deputies often don’t want to testify against their employer. Some employers, including police departments, will take adverse actions against any officer who blows the whistle on employment discrimination or asserts any other legal right. Adverse actions include being demoted, suspended, denied promotions or bonuses, transferred to a less desirable job or location, or given less desirable job tasks.
Our San Jose employment attorneys understand how to obtain the evidence needed in employment discrimination cases. We’re skilled at arguing cases before federal and state agencies such as the Equal Employment Opportunity Council (EEOC). We’re also respected for our record of success litigating employment cases before judges, and juries in state and federal courts.
What damages can police officers receive for employment discrimination in San Jose?
Our San Jose employment discrimination lawyers seek all the compensation the laws and courts permit, including:
- Lost income
- Lost benefits
- Emotional distress
- Injunctive relief, including job reinstatement
- Loss of reputation, pain and suffering, and other compensatory damages
- Statutory damages
- Legal fees and court costs
You may also be entitled to punitive damages. Our attorneys can let you know whether punitive damages are applicable to your case.
Do you have a San Jose law enforcement discrimination lawyer near me?
McNicholas & McNicholas, LLP meets clients at our Los Angeles office located in Westwood at 10866 Wilshire Blvd., Suite 1400. We also consult with clients by phone and through online video conversations.
We’ll explain your rights and answer all your questions about the claims process.
Speak with an experienced San Jose employment discrimination lawyer now
It’s traumatic when you work hard but you can’t succeed because your employer discriminates based on who you are and not how well you do your job. At McNicholas & McNicholas, LLP, our lawyers work to protect police officers and law enforcement officials who suffer discrimination. Our family-owned and operated law firm is respected throughout California for our experience, preparation, advocacy, and record of results. To discuss your employee rights, call our San Jose employment discrimination attorneys now. Schedule an appointment by calling us or filling out our contact form. We’re ready to fight for what you deserve.
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