EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Alaska

Alaska Human Rights Law and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Alaska ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Alaska Bar Association 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]
[Registered Agent, if different]

Re: Employment Discrimination Claim of [Client Full Name]
ASCHR Complaint No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / ARE 408

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

This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company"). Our client has been subjected to discrimination based on [his/her/their] [protected class: race/color/national origin/sex/religion/age/disability/marital status/pregnancy/parenthood] in violation of the Alaska Human Rights Law (AS 18.80.010 et seq.) and federal anti-discrimination statutes.

Please direct all further communications regarding this matter to our office.

I. ALASKA LEGAL FRAMEWORK

A. Alaska Human Rights Law (AS 18.80.010 et seq.)

Alaska's comprehensive Human Rights Law provides robust protections against employment discrimination. Alaska is a deferral state, meaning EEOC charges filed with the federal agency are cross-filed with the Alaska State Commission for Human Rights.

Coverage:
- Private employers with one or more employees (broader than federal law)
- Employment agencies
- Labor organizations

Protected Classes Under Alaska Law:

Note: Alaska protects parenthood as a distinct protected class—broader than federal law.

B. Federal Anti-Discrimination Laws

1. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)

• Prohibits discrimination based on race, color, religion, sex, and national origin
• Coverage: Employers with 15 or more employees
• EEOC Filing Deadline: 300 days in Alaska (deferral state)

2. Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.)

• Prohibits discrimination against employees 40 years of age or older
• Coverage: Employers with 20 or more employees
• EEOC Filing Deadline: 300 days in Alaska

3. Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)

• Prohibits disability discrimination; requires reasonable accommodation
• Coverage: Employers with 15 or more employees
• EEOC Filing Deadline: 300 days in Alaska

C. Administrative Exhaustion Requirements

Alaska State Commission for Human Rights (ASCHR):

EEOC Filing (Cross-Filed with ASCHR):

ASCHR Contact Information:
- Alaska State Commission for Human Rights
- 800 A Street, Suite 204
- Anchorage, AK 99501
- Phone: (907) 274-4692
- Toll-free: (800) 478-4692

II. PROTECTED CLASS STATUS

A. Client's Protected Class

Our client is a member of the following protected class(es) under Alaska and/or federal law:

[ ] Race: [Specify]
[ ] Color: [Specify]
[ ] National Origin: [Specify, including Alaska Native status if applicable]
[ ] Sex/Gender: [Specify, including pregnancy, sexual orientation, gender identity]
[ ] Religion: [Specify]
[ ] Age: [Specify - must be 40 or older for ADEA]
[ ] Physical or Mental Disability: [Specify condition and accommodation requests]
[ ] Marital Status: [Specify]
[ ] Changes in Marital Status: [Specify - recently married, divorced, etc.]
[ ] Pregnancy: [Specify]
[ ] Parenthood: [Specify - unique Alaska protection]

B. Evidence of Protected Class Status

[Describe documentation or evidence establishing membership in the protected class]

III. FACTUAL BACKGROUND

A. Employment Relationship

B. Summary of Discriminatory Conduct

Our client was subjected to the following adverse employment action(s):

[ ] Failure to Hire: [Describe circumstances]
[ ] Termination: [Describe circumstances]
[ ] Demotion: [Describe circumstances]
[ ] Failure to Promote: [Describe circumstances]
[ ] Hostile Work Environment: [Describe conduct]
[ ] Unequal Pay: [Describe disparity]
[ ] Denial of Accommodation: [Describe request and denial]
[ ] Retaliation: [Describe protected activity and adverse action]
[ ] Harassment: [Describe conduct]
[ ] Other: [Describe]

C. Timeline of Events

D. Discriminatory Intent / Disparate Treatment

The following evidence demonstrates discriminatory intent:

1. Direct Evidence of Discrimination:
- [Describe any discriminatory statements, comments, or written communications]
- [Describe any admissions by decision-makers]

2. Circumstantial Evidence / Disparate Treatment:
- [Describe how similarly situated employees outside the protected class were treated more favorably]
- [Describe any pattern of discrimination]
- [Describe temporal proximity between protected activity and adverse action]

3. Pretext:
The stated reason for the adverse action—[state employer's justification]—is pretextual, as evidenced by:
- [Describe inconsistencies in employer's explanation]
- [Describe departures from company policy]
- [Describe prior positive treatment/performance reviews]

E. Comparator Evidence

IV. LEGAL CLAIMS

A. Violation of Alaska Human Rights Law (AS 18.80.220)

[Company Short Name] violated the Alaska Human Rights Law by discriminating against our client based on [his/her/their] [protected class]. Under AS 18.80.220, it is unlawful for an employer to:

"refuse to hire, to discharge, to bar from employment, or to discriminate in compensation or in a term, condition, or privilege of employment against a person because of the person's race, religion, color, or national origin, or because of the person's age, physical or mental disability, sex, marital status, changes in marital status, pregnancy, or parenthood"

Alaska provides broader protections than federal law, including:
- Coverage of employers with only one employee
- Protection of marital status, changes in marital status, and parenthood
- No administrative exhaustion required for state court claims

B. Disparate Treatment Discrimination (Title VII / ADEA / ADA)

Under federal law, [Company Short Name] unlawfully discriminated against our client based on [his/her/their] [protected class] by:

1. [Describe specific discriminatory actions]
2. [Describe specific discriminatory actions]

Prima Facie Case:
- Member of protected class
- Qualified for the position
- Suffered adverse employment action
- Circumstances giving rise to inference of discrimination

C. Hostile Work Environment (If Applicable)

The discriminatory conduct was severe or pervasive enough to alter the terms and conditions of employment:

• Frequency: [Describe]
• Severity: [Describe]
• Physical Threat or Humiliation: [Describe if applicable]
• Interference with Work Performance: [Describe]
• Employer Liability: [Describe basis]

D. Retaliation (If Applicable)

Under AS 18.80.220(a)(4) and federal law, [Company Short Name] retaliated against our client:

Protected Activity: [Describe complaint or participation]
Adverse Action: [Describe retaliatory action]
Causal Connection: [Describe evidence linking the two]

E. Failure to Accommodate (If Applicable)

[Company Short Name] failed to provide reasonable accommodation:

Disability: [Describe qualifying disability]
Requested Accommodation: [Describe]
Interactive Process: [Describe]
Denial: [Describe]

V. DAMAGES

A. Economic Damages

1. Back Pay

2. Lost Benefits

3. Front Pay

B. Compensatory Damages

Our client has suffered significant emotional distress including:

• [Describe anxiety, depression, humiliation]
• [Describe impact on physical health]
• [Describe impact on relationships and quality of life]
• [Describe medical or psychological treatment sought]

Compensatory Damages: $[Amount]

Note: Alaska law imposes no statutory cap on compensatory damages for state claims.

C. Punitive Damages

[Company Short Name]'s conduct was willful and in reckless disregard of our client's rights under Alaska law, warranting punitive damages.

Alaska Standard: Punitive damages available where conduct is outrageous, demonstrating evil motive or reckless indifference. See State Farm v. Campbell, 538 U.S. 408 (2003) (constitutional limits).

Title VII Damage Caps (Combined Compensatory and Punitive):

Punitive Damages Requested: $[Amount]

D. Attorney's Fees and Costs

Under AS 18.80.130 and 42 U.S.C. § 2000e-5(k), our client is entitled to reasonable attorney's fees and costs.

Estimated Fees and Costs: $[Amount]

E. Summary of Damages

VI. SETTLEMENT DEMAND

Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims.

Additional Terms Requested:

[ ] Neutral reference (dates of employment and position only)
[ ] Expungement of personnel file
[ ] Non-disparagement agreement (mutual)
[ ] Confidentiality provisions
[ ] [Other specific terms]

This demand will remain open for twenty-one (21) calendar days, expiring on [Response Deadline Date].

VII. ADMINISTRATIVE STATUS AND LITIGATION POSTURE

A. Agency Filing Status

[ ] ASCHR Complaint filed on [Date] — Complaint No. [Number]
[ ] EEOC Charge filed on [Date] — Charge No. [Number]
[ ] Right to Sue letter received on [Date]
[ ] Complaint to be filed if matter not resolved

B. Litigation Venue

If suit is filed, we anticipate filing in:

[ ] Alaska Superior Court, [First/Third/Fourth] Judicial District
[ ] United States District Court for the District of Alaska (Anchorage)

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE

[Company Short Name] must immediately preserve all relevant documents and ESI, including:

[ ] Personnel files and employment records
[ ] Performance evaluations and disciplinary records
[ ] Emails and electronic communications
[ ] Policies, handbooks, and procedures
[ ] Hiring, promotion, and termination records
[ ] Witness statements and investigation files
[ ] Payroll and compensation records
[ ] Comparator employee files

Spoliation of evidence will result in severe sanctions.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and Alaska Rule of Evidence 408.

We look forward to your prompt response.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Alaska Bar Association No.]

Enclosures:
[ ] Authorization to Represent
[ ] ASCHR Complaint (if filed)
[ ] EEOC Charge (if filed)
[ ] Right to Sue Letter (if received)

cc: [Client Name] (via email)

ALASKA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key Alaska Considerations

[ ] Deferral State: 300-day EEOC deadline; work-sharing with ASCHR

[ ] Broader Coverage: Alaska covers employers with only ONE employee (vs. 15 federal)

[ ] Unique Protected Classes: Marital status, changes in marital status, and parenthood

[ ] No State Court Exhaustion: Can file directly in Alaska Superior Court without ASCHR exhaustion

[ ] Alaska Native Considerations: National origin claims may involve Alaska Native discrimination; consider subsistence and cultural accommodation issues

[ ] Remote Location Issues: Unique employment issues for rural/remote Alaska worksites

Agency Contact Information

Alaska State Commission for Human Rights:
- Main Office: 800 A Street, Suite 204, Anchorage, AK 99501
- Phone: (907) 274-4692
- Toll-free: (800) 478-4692
- Website: humanrights.alaska.gov

EEOC Seattle District Office (Serves Alaska):
- 909 First Avenue, Suite 400
- Seattle, WA 98104
- Phone: (800) 669-4000

Statute of Limitations Summary

Alaska-Specific Case Law

• EEOC v. Fairbanks Native Ass'n, discrimination in Alaska Native organizations
• State v. Employer's precedents, interpretation of parenthood protection