EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Alabama

Title VII and Federal Anti-Discrimination Law Claims

[ATTORNEY/FIRM LETTERHEAD]

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

Re: Employment Discrimination Claim of [Client Full Name]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 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/pregnancy/genetic information] in violation of federal anti-discrimination laws.

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

I. ALABAMA-SPECIFIC LEGAL FRAMEWORK

A. Federal Anti-Discrimination Laws Applicable in Alabama

Alabama is a non-deferral state with no state fair employment practices agency. Therefore, all employment discrimination claims proceed under federal law through the EEOC. The primary federal statutes applicable include:

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 (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 140 S. Ct. 1731 (2020)), and national origin.

• Coverage: Employers with 15 or more employees
• EEOC Filing Deadline: 180 days in Alabama (non-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: 180 days in Alabama

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

Prohibits discrimination based on disability and requires reasonable accommodation.

• Coverage: Employers with 15 or more employees
• EEOC Filing Deadline: 180 days in Alabama

4. Equal Pay Act (29 U.S.C. § 206(d))

Prohibits sex-based wage discrimination.

• Coverage: Virtually all employers
• No EEOC Filing Requirement: Direct suit permitted

B. Limited Alabama State Protections

Alabama provides minimal state-law employment discrimination protections:

Note: Alabama does not have a comprehensive state civil rights act covering private employment. Claims must primarily rely on federal law.

C. Administrative Exhaustion Requirements

EEOC Filing Requirements (Alabama):

EEOC Office Serving Alabama:
- Birmingham District Office
- 1130 22nd Street South, Suite 2000
- Birmingham, AL 35205
- Phone: (800) 669-4000

II. PROTECTED CLASS STATUS

A. Client's Protected Class

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

[ ] Race: [Specify]
[ ] Color: [Specify]
[ ] National Origin: [Specify]
[ ] Sex/Gender: [Specify, including pregnancy, sexual orientation, gender identity]
[ ] Religion: [Specify]
[ ] Age: [Specify - must be 40 or older for ADEA]
[ ] Disability: [Specify condition and any accommodation requests]
[ ] Genetic Information: [Specify]
[ ] Veteran Status: [Specify, under USERRA if applicable]

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 that [Company Short Name]'s actions were motivated by discriminatory animus toward our client's protected class:

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 against members of the protected class]
- [Describe timing between protected activity and adverse action (for retaliation)]

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

The following similarly situated employees not in our client's protected class received more favorable treatment:

IV. LEGAL CLAIMS

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

Under Title VII, the ADEA, and/or the ADA, [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]

Under the McDonnell Douglas burden-shifting framework, our client can establish:

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

Pretext: [Company Short Name]'s stated justification is pretextual because [explain].

B. Hostile Work Environment (If Applicable)

[Company Short Name]'s workplace was permeated with discriminatory conduct severe or pervasive enough to alter the terms and conditions of employment:

• Frequency: [Describe frequency of harassment]
• Severity: [Describe nature and severity of conduct]
• Physical Threat or Humiliation: [Describe if applicable]
• Interference with Work Performance: [Describe impact]
• Employer Liability: [Describe basis—supervisor/negligence]

See Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993); Faragher v. City of Boca Raton, 524 U.S. 775 (1998).

C. Retaliation (If Applicable)

[Company Short Name] retaliated against our client for engaging in protected activity:

Protected Activity: [Describe complaint, EEOC charge, participation in investigation]
Adverse Action: [Describe retaliatory action]
Causal Connection: [Describe temporal proximity, statements, or other evidence]

See Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006).

D. Failure to Accommodate (ADA, If Applicable)

[Company Short Name] failed to provide reasonable accommodation for our client's disability:

Disability: [Describe qualifying disability]
Requested Accommodation: [Describe what was requested]
Interactive Process: [Describe whether employer engaged in process]
Outcome: [Describe denial or failure to accommodate]

V. DAMAGES

A. Economic Damages

1. Back Pay

2. Lost Benefits

3. Front Pay (if reinstatement not feasible)

B. Compensatory Damages

Our client has suffered significant emotional distress including:

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

Compensatory Damages: $[Amount]

C. Punitive Damages

[Company Short Name]'s conduct demonstrates reckless indifference to our client's federally protected rights, warranting punitive damages.

Title VII Damage Caps (Combined Compensatory and Punitive):

Punitive Damages Requested: $[Amount]

D. Attorney's Fees and Costs

Under 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 from the date of this letter, expiring on [Response Deadline Date].

VII. ADMINISTRATIVE STATUS AND LITIGATION POSTURE

A. EEOC Charge Status

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

B. Litigation Venue

If suit is filed, we anticipate filing in:

[ ] United States District Court for the Northern District of Alabama (Birmingham)
[ ] United States District Court for the Middle District of Alabama (Montgomery)
[ ] United States District Court for the Southern District of Alabama (Mobile)

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE

[Company Short Name] must immediately preserve all documents and ESI relevant to this matter, 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
[ ] Any recordings (audio/video) of relevant events
[ ] 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 applicable Alabama evidentiary privileges.

We look forward to your prompt response to resolve this matter.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Alabama State Bar No.]

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

cc: [Client Name] (via email)

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

Key Alabama Considerations

[ ] Non-Deferral State: Alabama has no state FEP agency; all claims go directly to EEOC

[ ] 180-Day Filing Deadline: Strict deadline to file EEOC charge (not 300 days)

[ ] Limited State Remedies: Alabama Age Discrimination Act (Ala. Code § 25-1-20) provides limited state-law age claims

[ ] No State Civil Rights Act: No comprehensive state employment discrimination statute covering private employers

[ ] Public Policy Exception: Very narrow—primarily for refusing to violate law (Harrell v. Reynolds Metals)

[ ] At-Will State: Strong at-will presumption; must fit within federal protections

EEOC Contact Information

• Birmingham District Office
• 1130 22nd Street South, Suite 2000
• Birmingham, AL 35205
• Phone: (800) 669-4000
• Serves entire state of Alabama

Federal Court Venues

Statute of Limitations Summary

Alabama Defense Contractor Considerations

[ ] Alabama has significant defense contractor presence; consider OFCCP jurisdiction and affirmative action obligations