EMPLOYMENT DISCRIMINATION DEMAND LETTER

Title VII, State Fair Employment Law, and Related Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Attorney Bar Number]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Copy to:
[Company General Counsel, if known]
[Insurance Carrier / EPLI Carrier, if known]

Re: Employment Discrimination Claims of [Client Full Name]
EEOC Charge No.: [XXX-XXXX-XXXXX]
[State Agency] Charge No.: [XXXXX] (if applicable)
Right to Sue Received: [Date]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client" or "[Mr./Ms./Mx. Client Last Name]") in connection with claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company"). Please direct all future communications regarding this matter to our office.

As you are aware, our client filed a Charge of Discrimination with the [U.S. Equal Employment Opportunity Commission (EEOC) / [State Agency Name]] on [Charge Filing Date], alleging discrimination based on [race / color / national origin / sex / religion / age / disability / genetic information / other protected class]. On [Right to Sue Date], the EEOC issued a Notice of Right to Sue, authorizing our client to file a civil action under Title VII.

The 90-day filing deadline expires on [Filing Deadline Date].

We write to explore resolution of this matter before the commencement of federal litigation. The evidence overwhelmingly supports our client's claims, and we are prepared to proceed to trial if necessary. However, we believe a negotiated resolution serves both parties' interests.

I. ADMINISTRATIVE PROCEEDINGS

A. EEOC Charge and Investigation

On [Charge Filing Date], our client filed Charge No. [XXX-XXXX-XXXXX] with the EEOC [and [State Agency Name]], alleging violations of:

☐ Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, national origin discrimination)
☐ The Americans with Disabilities Act (ADA) (disability discrimination, failure to accommodate)
☐ The Age Discrimination in Employment Act (ADEA) (age discrimination - 40+ years)
☐ The Pregnancy Discrimination Act (PDA) (pregnancy, childbirth, related conditions)
☐ The Pregnant Workers Fairness Act (PWFA) (failure to provide reasonable accommodations)
☐ The Genetic Information Nondiscrimination Act (GINA) (genetic information discrimination)
☐ 42 U.S.C. Section 1981 (race discrimination in contracts)
☐ [State Fair Employment Statute] ([list protected classes])
☐ [Local Ordinance] (if applicable)

During the EEOC investigation, [describe any relevant findings, determinations, or lack thereof]:

☐ The EEOC issued a determination finding reasonable cause to believe discrimination occurred
☐ The EEOC was unable to conclude that a violation occurred (standard dismissal)
☐ The EEOC dismissed due to administrative constraints
☐ Conciliation was attempted but failed

B. Right to Sue

On [Right to Sue Date], the EEOC issued a Notice of Right to Sue, permitting our client to file suit in federal court. A copy of the Right to Sue letter is enclosed.

Under 42 U.S.C. § 2000e-5(f)(1), our client has 90 days from receipt of the Right to Sue letter to file a civil action. This deadline expires on [Filing Deadline Date].

II. FACTUAL BACKGROUND

A. Our Client's Qualifications and Employment History

[Client Full Name] is [a/an] [race/ethnicity, if race claim] [male/female/non-binary, if sex claim] [age, if age claim] individual [with [disability], if disability claim] who was employed by [Company Short Name] from [Start Date] to [Termination Date / Present].

Our client's qualifications include:
- [Educational background]
- [Professional certifications and licenses]
- [Years of relevant experience]
- [Notable achievements and skills]

Employment Timeline:

Throughout [his/her/their] employment, our client was a high-performing employee who:
- [Describe positive performance history]
- [Describe meeting or exceeding expectations]
- [Describe any awards, recognition, or commendations]

B. The Discriminatory Conduct

Beginning on or about [Date], [Company Short Name], through its agents and employees, subjected our client to unlawful discrimination based on [protected class(es)]:

[Select and Complete Applicable Sections]

☐ Discriminatory Termination / Failure to Hire / Failure to Promote

On [Date], [Company Short Name] [terminated our client / refused to hire our client / refused to promote our client] under circumstances that give rise to a strong inference of discrimination:

1. Our client was qualified: [Describe qualifications for position]

2. Our client was subjected to an adverse employment action: [Describe the adverse action]

3. The adverse action occurred under circumstances suggesting discrimination:
   - [Describe comparators: similarly situated employees outside protected class who were treated more favorably]
   - [Describe any discriminatory comments or statements by decision-makers]
   - [Describe statistical evidence of discriminatory patterns, if available]
   - [Describe deviation from standard policies or procedures]
   - [Describe temporal proximity to protected activity, if retaliation also alleged]

4. The employer's stated reason is pretextual:
   - [Describe the employer's stated legitimate reason]
   - [Explain why this reason is false, inconsistent, or unworthy of belief]
   - [Describe evidence that discrimination was the true motivation]

☐ Hostile Work Environment / Harassment

From approximately [Start Date] to [End Date], our client was subjected to a hostile work environment based on [protected class] that was sufficiently severe or pervasive to alter the conditions of employment:

The harassment was:
- Unwelcome: Our client did not solicit or invite the conduct and regarded it as offensive
- Based on protected class: The conduct was motivated by [protected characteristic]
- Severe or pervasive: The conduct [describe frequency, severity, physical vs. verbal nature, interference with work performance]
- Imputable to the employer: [Describe basis for employer liability - supervisor harassment with tangible employment action, supervisor harassment where employer failed to prevent/correct, co-worker harassment where employer knew or should have known and failed to act]

Our client reported the harassment to [HR / Management / Other] on [Date(s)], but [Company Short Name] failed to take prompt and effective remedial action.

☐ Failure to Accommodate (Disability/Religion/Pregnancy)

Our client has [disability / sincerely held religious belief / pregnancy-related limitation] that required reasonable accommodation.

1. The interactive process: On [Date], our client [requested accommodation / employer became aware of need for accommodation]. Specifically, our client [describe the limitation and accommodation requested].

2. Employer's response: [Company Short Name] [describe employer's response - denial, delay, inadequate accommodation, retaliation for requesting].

3. Reasonable accommodation existed: [Describe reasonable accommodations that would have enabled our client to perform essential job functions without undue hardship].

4. No undue hardship: The requested accommodation would not have imposed undue hardship because [describe why].

☐ Discriminatory Compensation / Terms and Conditions

Our client was paid less and/or subjected to inferior terms and conditions of employment compared to similarly situated employees outside [his/her/their] protected class:

C. Comparator Evidence

The discriminatory nature of [Company Short Name]'s conduct is demonstrated by its treatment of similarly situated employees outside our client's protected class:

D. Direct and Circumstantial Evidence of Discriminatory Intent

Beyond the compelling comparator evidence, our client can establish discriminatory intent through:

1. Direct Evidence:
   - [Quote discriminatory statements by decision-makers]
   - [Describe discriminatory documents or communications]
   - [Describe admissions by employer representatives]

2. Circumstantial Evidence:
   - [Describe statistical disparities in workforce composition, promotions, terminations]
   - [Describe pattern and practice of discrimination against protected class]
   - [Describe employer's history of discrimination (prior lawsuits, EEOC charges)]
   - [Describe deviation from company policies]
   - [Describe temporal proximity between protected activity and adverse action]

III. LEGAL CLAIMS

A. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

Title VII prohibits employers with 15 or more employees from discriminating against employees based on race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(a).

[Company Short Name] violated Title VII by:

☐ Disparate Treatment: Intentionally discriminating against our client because of [his/her/their] [protected class] in violation of 42 U.S.C. § 2000e-2(a)(1)

☐ Hostile Work Environment: Subjecting our client to harassment based on [protected class] that was sufficiently severe or pervasive to alter the conditions of employment, in violation of 42 U.S.C. § 2000e-2(a)(1). See Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986); Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993)

☐ Retaliation: Retaliating against our client for opposing discrimination or participating in protected activity, in violation of 42 U.S.C. § 2000e-3(a)

☐ Failure to Accommodate Religion: Failing to reasonably accommodate our client's sincerely held religious beliefs, in violation of 42 U.S.C. § 2000e(j). See Groff v. DeJoy, 600 U.S. 447 (2023)

B. 42 U.S.C. § 1981 (Race Discrimination)

[If race discrimination:] Section 1981 guarantees all persons the same right "to make and enforce contracts ... as is enjoyed by white citizens." 42 U.S.C. § 1981(a). This includes "the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." 42 U.S.C. § 1981(b).

Section 1981 claims are not subject to Title VII's administrative exhaustion requirements or damage caps. The statute of limitations is four years for claims arising under federal law. Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004).

[Company Short Name]'s discriminatory conduct violated our client's rights under Section 1981.

C. Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

[If disability discrimination:] The ADA prohibits employers from discriminating against qualified individuals on the basis of disability and requires employers to provide reasonable accommodations absent undue hardship. 42 U.S.C. § 12112.

[Company Short Name] violated the ADA by:

☐ Terminating / refusing to hire / refusing to promote our client because of [his/her/their] disability
☐ Failing to engage in the interactive process to identify reasonable accommodations
☐ Failing to provide reasonable accommodation
☐ Subjecting our client to disability-based harassment
☐ Retaliating against our client for requesting accommodation or asserting ADA rights

D. Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.

[If age discrimination:] The ADEA prohibits employers with 20 or more employees from discriminating against individuals 40 years of age or older. 29 U.S.C. § 623(a).

Our client, who is [age] years old, was discriminated against because of [his/her/their] age when [describe adverse action]. [Company Short Name]'s preference for younger workers is evidenced by [describe evidence].

E. [State] Fair Employment Law, [Cite Statute]

[State]'s fair employment statute, [cite statute], provides protections that complement and, in many respects, exceed federal law.

Additional Protected Classes Under [State] Law:
- [List state-specific protected classes beyond Title VII, e.g., marital status, sexual orientation, gender identity, source of income, military status, political affiliation, etc.]

Key Differences from Federal Law:
- Employer Coverage: [State] law applies to employers with [X or more] employees, compared to Title VII's 15-employee threshold
- Damages: [State] law [has no cap on compensatory/punitive damages / provides for specific damages]
- Administrative Exhaustion: [Describe state filing requirements and deadlines]
- Statute of Limitations: [X years] for civil action under state law

F. Additional Claims

☐ Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k)
☐ Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq.
☐ Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2000ff et seq.
☐ Equal Pay Act, 29 U.S.C. § 206(d) (sex-based wage discrimination)
☐ [State] Equal Pay Law
☐ Intentional Infliction of Emotional Distress
☐ Negligent Hiring, Supervision, or Retention

IV. DAMAGES

Our client has suffered substantial damages as a result of [Company Short Name]'s unlawful discrimination.

A. Economic Damages

1. Back Pay (from [Date of Adverse Action] to [Present/Date of Calculation])

2. Lost Benefits

3. Front Pay / Future Lost Earnings

Our client is entitled to front pay for the period reasonably necessary to achieve [his/her/their] rightful place in the workforce. Given [factors affecting future employability], we project [X years] of front pay:

4. Out-of-Pocket Expenses

B. Compensatory Damages (Emotional Distress)

As a direct result of [Company Short Name]'s discrimination, our client has suffered severe emotional distress, including:

• [Anxiety, depression, humiliation, embarrassment]
• [Sleep disturbances, nightmares]
• [Physical manifestations: headaches, weight changes, etc.]
• [Impact on family and personal relationships]
• [Loss of self-esteem and professional confidence]
• [Need for psychological treatment/counseling]

[If applicable:] Our client has been under the care of [mental health professional] since [Date], and [his/her/their] treatment records document the psychological impact of [Company Short Name]'s conduct.

Compensatory damages for emotional distress: $[Amount]

C. Punitive Damages

Punitive damages are available under Title VII and Section 1981 where the employer engaged in discrimination "with malice or with reckless indifference to the federally protected rights of an aggrieved individual." 42 U.S.C. § 1981a(b)(1); Kolstad v. American Dental Ass'n, 527 U.S. 526 (1999).

[Company Short Name]'s conduct warrants punitive damages because:

• [Describe willful, malicious, or recklessly indifferent conduct]
• [Describe employer's knowledge that conduct violated federal law]
• [Describe failure of management to stop known discrimination]
• [Describe any history of similar violations]

Punitive damages: $[Amount]

Note on Title VII/ADA Damage Caps: Compensatory and punitive damages under Title VII and the ADA are capped based on employer size:
- 15-100 employees: $50,000
- 101-200 employees: $100,000
- 201-500 employees: $200,000
- 500+ employees: $300,000

[Company Short Name] has approximately [X] employees, making the applicable cap $[Amount].

However, these caps do not apply to:
- Back pay and front pay
- Section 1981 claims (no cap on race discrimination claims)
- [State law claims, if state has no cap]
- Attorney's fees and costs

D. Attorney's Fees and Costs

Under 42 U.S.C. § 2000e-5(k), the prevailing party in a Title VII action may recover reasonable attorney's fees. Our client, as the prevailing party, will seek recovery of all fees and costs.

Estimated attorney's fees through trial: $[Amount]
Estimated costs: $[Amount]

E. Summary of Damages

V. SETTLEMENT DEMAND

Based on the strength of our client's claims and the substantial damages incurred, we demand that [Company Short Name] pay $[Settlement Demand Amount] in full and final settlement of all claims.

This demand represents a significant discount from our client's full potential recovery at trial, accounting for litigation uncertainties and both parties' interest in avoiding protracted proceedings.

Additional Settlement Terms

In addition to the monetary payment, any settlement must include:

☐ Neutral Reference: Agreement to provide only dates of employment, job title, and final salary in response to reference inquiries
☐ Personnel File: Expungement of all documents relating to the discrimination and termination from our client's personnel file
☐ Non-Disparagement: Mutual non-disparagement provisions
☐ Confidentiality: Confidentiality provisions (terms to be negotiated; note that EEOC settlements may not prohibit communication with EEOC)
☐ Tax Treatment: [1099 vs. W-2 allocation to be negotiated]
☐ No Rehire Provision: We will NOT agree to a "no rehire" provision
☐ Unemployment: Agreement not to contest unemployment benefits
☐ Training: [If pattern/practice: Requirement for anti-discrimination training]

VI. RESPONSE DEADLINE AND LITIGATION

Please respond to this demand in writing on or before [Response Deadline - typically 14-21 days], and in any event no later than [Specific Date].

The 90-day deadline to file suit under Title VII expires on [Filing Deadline Date]. If we cannot reach a satisfactory resolution before that date, we will file suit in [United States District Court for the [District] of [State] / [State] Superior Court / [Other Appropriate Court]].

The Complaint will assert claims for:

1. Discrimination in violation of Title VII of the Civil Rights Act of 1964
2. Discrimination in violation of 42 U.S.C. § 1981 [if race claim]
3. Discrimination in violation of the Americans with Disabilities Act [if disability claim]
4. Discrimination in violation of the Age Discrimination in Employment Act [if age claim]
5. Discrimination in violation of [State Fair Employment Law]
6. [Additional claims as applicable]

We will seek:
- Compensatory damages (back pay, front pay, emotional distress)
- Punitive damages
- Declaratory and injunctive relief
- Attorney's fees and costs
- Prejudgment interest
- Such other relief as the Court deems just and proper

VII. DOCUMENT PRESERVATION

This letter constitutes formal notice of our client's intent to pursue litigation. [Company Short Name] is hereby directed to immediately implement a litigation hold and preserve all documents and electronically stored information relevant to our client's employment and the claims set forth herein.

This includes, without limitation:

☐ Our client's complete personnel file
☐ All performance evaluations, disciplinary records, and employment actions
☐ All emails, text messages, instant messages, and other communications to, from, or about our client
☐ All documents relating to the decision(s) at issue
☐ Personnel files of comparator employees
☐ Company policies on discrimination, harassment, discipline, and termination
☐ EEOC position statement and supporting documents
☐ Training records on anti-discrimination policies
☐ Complaint and investigation files
☐ Statistical data on workforce composition, hiring, promotions, and terminations
☐ Electronic access logs and computer records

Failure to preserve relevant evidence may result in spoliation sanctions, adverse inference instructions, and separate claims for obstruction.

VIII. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Federal Rule of Evidence 408 and applicable state evidentiary privileges. Neither this letter nor its contents may be used as evidence in any proceeding, except to enforce a settlement agreement.

We are prepared to engage in good-faith settlement negotiations and welcome the opportunity to resolve this matter without litigation. Please contact me at your earliest convenience to discuss.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

[Attorney Signature Block]

Enclosures:
☐ EEOC Right to Sue Notice
☐ EEOC Charge of Discrimination
☐ [State Agency Charge/Notice, if applicable]
☐ Authorization to Represent

cc: [Client Name] (via email)
[Co-counsel, if any]
[File]

ATTORNEY NOTES (Do Not Include in Final Letter)

Critical Deadlines

Pre-Sending Checklist

☐ Verify EEOC charge was timely filed (180/300 days)
☐ Confirm Right to Sue letter received and calculate 90-day deadline
☐ Determine employer size for damage cap calculation
☐ Research current state law protections and procedures
☐ Identify all viable federal and state claims
☐ Calculate all economic damages with documentation
☐ Assess strength of comparator evidence
☐ Evaluate direct evidence of discriminatory intent
☐ Consider whether employer may assert Faragher-Ellerth defense (if harassment claim)
☐ Verify employer's correct legal name and registered agent
☐ Calendar all critical deadlines
☐ Confirm client has signed engagement letter

Damage Cap Reference (Title VII/ADA)

Remember: No caps on back pay, front pay, Section 1981 claims, or most state law claims.