EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Arkansas

Arkansas Civil Rights Act and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Arkansas ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Arkansas Bar ID 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 / A.R.E. 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/gender/national origin/religion/disability] in violation of the Arkansas Civil Rights Act of 1993 (A.C.A. § 16-123-101 et seq.) and federal anti-discrimination statutes.

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

I. ARKANSAS LEGAL FRAMEWORK

A. Arkansas Civil Rights Act of 1993 (A.C.A. § 16-123-101 et seq.)

The Arkansas Civil Rights Act (ACRA) provides state-law protections against employment discrimination. Arkansas is a non-deferral state with no state fair employment practices agency with enforcement authority. Claims proceed directly through the courts or the EEOC for federal claims.

Coverage:
- Private employers with 9 or more employees (broader than federal law's 15)
- State and local government employers
- Employment agencies

Protected Classes Under Arkansas Law:

Note: Arkansas does NOT include age as a protected class under state law. Age discrimination claims must proceed under federal ADEA.

B. Key Features of Arkansas Civil Rights Act

No Administrative Exhaustion Required:
- Unlike federal law, plaintiffs may file directly in state court
- No requirement to file with any administrative agency first
- 1-year statute of limitations from the violation

Limited Remedies:
- Compensatory damages only
- No punitive damages under ACRA
- Equitable relief (reinstatement, injunction)
- Attorney's fees available

C. Federal Anti-Discrimination Laws

1. Title VII of the Civil Rights Act of 1964
- Coverage: Employers with 15 or more employees
- EEOC Filing Deadline: 180 days in Arkansas (non-deferral state)

2. Age Discrimination in Employment Act
- Coverage: Employers with 20 or more employees
- EEOC Filing Deadline: 180 days in Arkansas
- Primary vehicle for age claims (not covered under ACRA)

3. Americans with Disabilities Act
- Coverage: Employers with 15 or more employees
- EEOC Filing Deadline: 180 days in Arkansas

D. Administrative Exhaustion Requirements

EEOC Filing (Federal Claims Only):

EEOC Office Serving Arkansas:
- EEOC Memphis District Office (serves Arkansas)
- 1407 Union Avenue, Suite 521
- Memphis, TN 38104
- 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 Arkansas Civil Rights Act:
[ ] Race: [Specify]
[ ] Religion: [Specify]
[ ] National Origin: [Specify]
[ ] Gender: [Specify, including pregnancy]
[ ] Disability: [Specify condition and accommodation requests]

Under Federal Law Only:
[ ] Age: [Specify - must be 40 or older; ADEA only]
[ ] Color: [Specify - Title VII]
[ ] Genetic Information: [Specify - GINA]

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

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]

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 Arkansas Civil Rights Act (A.C.A. § 16-123-107)

[Company Short Name] violated the Arkansas Civil Rights Act by discriminating against our client based on [his/her/their] [protected class]. Under A.C.A. § 16-123-107(a), it is unlawful for an employer:

"to fail or refuse to hire, to discharge, or otherwise to discriminate against an individual with respect to compensation or the terms, conditions, or privileges of employment because of the race, religion, national origin, gender, or the presence of a sensory, mental, or physical disability of the individual..."

Key Advantage: Arkansas Civil Rights Act covers employers with only 9 employees (vs. 15 for Title VII).

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

Under federal law, [Company Short Name] unlawfully discriminated against our client:

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]

D. Retaliation (If Applicable)

Under A.C.A. § 16-123-108 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 medical or psychological treatment sought]

Compensatory Damages: $[Amount]

C. Punitive Damages

Arkansas Civil Rights Act: Punitive damages are NOT available under state law.

Title VII Damage Caps (Combined Compensatory and Punitive):

Punitive Damages (Federal Claims Only): $[Amount]

D. Attorney's Fees and Costs

Under A.C.A. § 16-123-107(c) 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
[ ] Expungement of personnel file
[ ] Non-disparagement agreement (mutual)
[ ] Confidentiality provisions

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

[ ] EEOC Charge filed on [Date] — Charge No. [Number]
[ ] Right to Sue letter received on [Date]
[ ] Right to Sue letter requested / pending
[ ] No administrative filing required for ACRA state claims

B. Litigation Venue

If suit is filed, we anticipate filing in:

[ ] Arkansas Circuit Court, [County] County
[ ] United States District Court for the Eastern District of Arkansas (Little Rock)
[ ] United States District Court for the Western District of Arkansas (Fort Smith)

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE

[Company Short Name] must immediately preserve all relevant documents and ESI.

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 Arkansas Rule of Evidence 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Arkansas Bar ID No.]

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

cc: [Client Name] (via email)

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

Key Arkansas Considerations

[ ] Non-Deferral State: 180-day EEOC deadline (not 300 days)

[ ] No State FEP Agency: No administrative agency with enforcement authority

[ ] Lower Employer Threshold: ACRA covers employers with 9+ employees

[ ] No Age Protection: Age not protected under state law; use ADEA

[ ] No Punitive Damages: ACRA limits recovery to compensatory damages only

[ ] No Exhaustion Required: Can file ACRA claim directly in state court

[ ] 1-Year SOL: Arkansas Civil Rights Act has 1-year statute of limitations

Agency Contact Information

EEOC Memphis District Office (Serves Arkansas):
- 1407 Union Avenue, Suite 521
- Memphis, TN 38104
- Phone: (800) 669-4000

EEOC Little Rock Area Office:
- 820 Louisiana Street, Suite 200
- Little Rock, AR 72201
- Phone: (800) 669-4000

Statute of Limitations Summary

Strategic Considerations

[ ] Consider filing ACRA claim for employers with 9-14 employees (below Title VII threshold)
[ ] For age claims, must use federal ADEA (no state protection)
[ ] State court may be preferable given no punitive damages under ACRA