Anaheim Employment Lawyers Representing First Responders

When can first responders file an employment discrimination claim in Anaheim?

Our Anaheim employment lawyers represent workers in discrimination claims when their employers make employment decisions based on the workers’ personal identity characteristics instead of their qualifications and work experience.

At McNicholas & McNicholas, LLP, we file discrimination claims if you meet the following two requirements: you are a member of a protected class and your employer adversely affects your employment due to your protected class status.

Protected class status

Police officers, firefighters, and other first responders must be members of a protected class to file a discrimination claim. Title VII of the US Civil Rights Act of 1964 and California’s Fair Housing and Employment Act define protected class status as belonging to at least one of the following:

• Race, color, and national origin
• Sex and gender (including pregnancy, childbirth, breastfeeding, or related medical conditions)
• Gender identity and gender expression;
• Sexual orientation
• Physical or cognitive disability
• Age (40 or older)
• Religion or creed
• Medical or genetic condition
• Marital status
• Veteran or military status

We can explain which law protects your class of identity characteristics.

Adverse employment conditions

We review whether your employer, such as the Anaheim Police Department, Orange County Sheriff’s Office, or Anaheim Fire & Rescue, negatively affected your employment in one of the following ways:

• Terminates your employment
• Denies a promotion you deserve
• Fails to properly consider your job application
• Gives other workers, such as younger workers, more desirable work assignments
• Fails to provide opportunities for advancement
• Fails to provide reasonable workplace accommodations if you have a disability or you are pregnant
• Transfers you to an undesirable station or location
• Reduces your pay or benefits

When can first responders file a harassment claim in Anaheim?

In California, the California Fair Housing and Employment Act (CFEHA) provides that all first responders, including employees, independent contractors, job applicants, volunteers, and unpaid interns can file harassment claims if the harassment is based on their sexual, gender, racial, or any other type of protected-class harassment at work. The federal harassment laws provide similar protections.

The two basic grounds for filing a harassment claim are:

• A hostile work environment. Members of a protected class can file a racial, sexual, or any other type of protected-class harassment if their workplace creates a hostile work environment – an environment where first responders reasonably feel offended, abused, intimidated, or unable to do their jobs – due to offensive conduct.
  • Offensive conduct includes verbal comments such as derogatory language, offensive jokes, and objectionable images, as well as physical abuse such as blocking your path or physical contact.
  • Offensive sexual harassment includes sexual advances, touching, leering, and other sexual behavior, as well as offensive verbal communications and physical contact.

 At McNicholas & McNicholas, LLP, our harassment lawyers work to show that your employer should have reasonably known of the offensive conduct or participated in the offensive conduct and failed to take corrective steps to eliminate the harassment.

• Quid pro quo harassment. This type of sexual harassment happens to first responders in Anaheim if your employer or someone who controls your job conditions your employment on sexual favors or sexual advances.

How do you protect me if my employer retaliates against me?

Some employers try to pressure, intimidate, or punish police officers, sheriff’s deputies, firefighters, EMTs, and other first responders for asserting their legal rights or helping other workers assert their rights.

At McNicholas & McNicholas, LLP, we file claims against police departments, sheriff’s offices, fire departments, and the City of Anaheim itself when employers retaliate because you assert your rights.

Some of the retaliation claims our Anaheim first responder lawyers handle include actions that adversely affect your employment because you:

• File a discrimination or harassment claim
• File a qui tam/whistleblower claim
• File a worker’s compensation claim
• Request time off to care for a family member in accordance with the federal or state family medical leave laws
• Support or testify on behalf of a coworker

Many employment cases in which we’ve obtained large verdicts (including verdicts for more than $1 million) for first responders involve a combination of discrimination, harassment, and retaliation claims.

What types of employment claims involving first responders do you handle?

Our family of Anaheim employment attorneys have taken hundreds of cases to jury verdicts – many involving first responders. We take great pride in helping those who help us.

Our employment representation includes cases involving the following:

• Discrimination
• Harassment (racial, sexual, disability, and other types)
• Retaliation for asserting your rights
• Wrongful termination if your employer fires you in violation of any federal or California laws, collective bargaining agreements, or written employment agreements
• Executive compensation noncompliance, including claims for severance pay, salary, stock options, insurance coverage, retirement benefits, and other contractual benefits
• Collective bargaining agreement noncompliance
• Wage and hour complaints

Who are “first responders?”

Our Anaheim employment lawyers represent every type of first responder, including the following:

• Law enforcement workers, such as police officers, sheriff’s deputies, SWAT members, bomb squad members, correction officers, drug officials, and security personnel
• Firefighters
• EMTs, paramedics, and medevac operators
• Park rangers
• Court officers
• Public works employees
• School resource officers
• Certain telecommunication workers

What laws protect first responders in Anaheim from employment violations?

At McNicholas & McNicholas, LLP, we use every state and federal law that protects first responders, including the following:

California laws:

• California’s Fair Employment and Housing Act(CFEHA)
• California Family Rights Act
• California False Claims Act

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 Pregnancy Discrimination Actand the Pregnant Workers Fairness Act
• The Federal False Claims Act
• The Family and Medical Leave Act
• The Equal Pay Act, which requires that women and men receive equal pay for equal work
• The Trauma Treatment Act
• The Uniformed Services Employment and Reemployment Rights Act

How do you fight for first responders when employers violate their rights?

Our Anaheim employment lawyers for first responders file and argue claims before the appropriate agencies and courts, which include the following:

• The Equal Employment Opportunity Commission (EEOC)
• The California Civil Rights Department (CCRD)
• The Superior Court of Anaheim
• The Southern Division of the Central District of California

We understand how anxious and upset you are. We’re prepared to guide you through each step of the claims process. Our Anaheim first responder lawyers for first responders will review your membership in a protected class, how your Anaheim employer adversely affected your employment, and all the things you did to show you were a quality worker.

We can review the employment laws, including any Orange County regulations that protect you. Our lawyers will also review any collective bargaining agreements or written employment agreements, such as executive compensation agreements. Our team will prepare you for each step of your claim.

Our Anaheim employment lawyers will:

• Formally question your employers, supervisors, and any workers or nonworkers who have knowledge of your claim.
• Review all relevant documentation in the hands of your employer, such as your performance records, the protocols for filing and responding to complaints, the type of work you did, and all aspects of your job.
• Assert all your legal rights, including filing complaints with the proper agencies and courts.
• Negotiate with your employer and their defense lawyers.
• Argue your case before judges and juries.

What employment damages and remedies do you demand on behalf of first responders in Anaheim?

At McNicholas & McNicholas, we demand compensation for all the damages the laws and your employment contracts allow, including the following:

• Past (back) and future (front) compensation damages (wages, salary, overtime pay, and all other wage and hour benefits)
• The value of any insurance, vacation, or other workplace benefits
• Your emotional trauma and damage to your reputation
• Legal fees and court costs
• Statutory damages
• Executive compensation and benefits
• Interest

We may also request punitive damages.

Our Anaheim first responder lawyers also seek judicial orders that order your employer to rehire you without loss of seniority, review promotions and job applications on the merits, provide reasonable workplace accommodation, and other remedies. An Anaheim court may also direct your employer to take proactive steps to prevent future discrimination, harassment, and retaliation.

Do you have an Anaheim first responder employment lawyer near me?

McNicholas & McNicholas, LLP meets first responders at our Anaheim office, located at 10866 Wilshire Blvd., Suite 1400, Los Angeles, 90024. We also discuss cases remotely by phone and through online video applications such as Zoom and FaceTime.

First responders protect Anaheim. Our aim is to protect you.

Contact McNicholas & McNicholas, LLP today

Our Anaheim first responder employment lawyers represent workers across California including Anaheim. We are ready to move quickly when you call us. Former clients recommend us. The legal community respects us. Employers understand our successful representation. Call us or fill out our contact form today to schedule a consultation. We are ready to assert your rights.