EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Arizona

Arizona Civil Rights Act and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Arizona ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[State Bar of Arizona 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]
ACRA 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/color/national origin/sex/religion/age/disability] in violation of the Arizona Civil Rights Act (A.R.S. § 41-1461 et seq.) and federal anti-discrimination statutes.

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

I. ARIZONA LEGAL FRAMEWORK

A. Arizona Civil Rights Act (A.R.S. § 41-1461 et seq.)

The Arizona Civil Rights Act (ACRA) prohibits employment discrimination and closely mirrors federal Title VII protections. Arizona is a deferral state with a work-sharing agreement between the Arizona Attorney General's Civil Rights Division and the EEOC.

Coverage:
- Private employers with 15 or more employees (same as Title VII)
- Employment agencies
- Labor organizations

Protected Classes Under Arizona Law:

B. Arizona Employment Protection Act (A.R.S. § 23-1501)

Arizona's Employment Protection Act (EPA) codified the at-will employment doctrine but provides protections against termination that violates public policy, including discrimination.

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: 300 days in Arizona (deferral state)

2. Age Discrimination in Employment Act
- Coverage: Employers with 20 or more employees
- EEOC Filing Deadline: 300 days in Arizona

3. Americans with Disabilities Act
- Coverage: Employers with 15 or more employees
- EEOC Filing Deadline: 300 days in Arizona

D. Administrative Exhaustion Requirements

Arizona Attorney General's Office - Civil Rights Division:

EEOC Filing (Cross-Filed with Arizona AG):

Agency Contact Information:

Arizona Attorney General's Office - Civil Rights Division:
- 2005 N. Central Avenue
- Phoenix, AZ 85004
- Phone: (602) 542-5263
- Toll-free: (877) 491-5742

II. PROTECTED CLASS STATUS

A. Client's Protected Class

Our client is a member of the following protected class(es) under Arizona and/or 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]
[ ] Disability: [Specify condition and accommodation requests]
[ ] Genetic Testing: [Specify if genetic information was basis for discrimination]

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 Arizona Civil Rights Act (A.R.S. § 41-1463)

[Company Short Name] violated the Arizona Civil Rights Act by discriminating against our client based on [his/her/their] [protected class]. Under A.R.S. § 41-1463, it is unlawful for an employer to:

"fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions or privileges of employment" because of the individual's protected class status.

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.R.S. § 41-1464 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 for our client's disability under A.R.S. § 41-1463 and the ADA:

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

Title VII Damage Caps (Combined Compensatory and Punitive):

Note: Arizona courts apply Title VII caps to ACRA claims. See Cronin v. Sheldon, 195 Ariz. 531 (1999).

Punitive Damages Requested: $[Amount]

D. Attorney's Fees and Costs

Under A.R.S. § 41-1481(J) 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

[ ] Arizona AG Civil Rights Division charge filed on [Date] — Charge No. [Number]
[ ] EEOC Charge filed on [Date] — Charge No. [Number]
[ ] Right to Sue letter received on [Date]
[ ] Charge to be filed if matter not resolved

B. Litigation Venue

If suit is filed, we anticipate filing in:

[ ] Arizona Superior Court, [Maricopa/Pima/Other] County
[ ] United States District Court for the District of Arizona (Phoenix or Tucson)

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
[ ] Payroll and compensation records

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 Arizona Rule of Evidence 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[State Bar of Arizona No.]

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

cc: [Client Name] (via email)

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

Key Arizona Considerations

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

[ ] Same Coverage as Federal: ACRA covers employers with 15+ employees

[ ] Damage Caps: ACRA incorporates Title VII damage caps

[ ] Employment Protection Act: A.R.S. § 23-1501 codifies at-will with public policy exceptions

[ ] Phoenix/Tucson Municipal Laws: Check for local ordinances providing additional protections

[ ] Right-to-Work State: A.R.S. § 23-1301 et seq.

Agency Contact Information

Arizona Attorney General - Civil Rights Division:
- 2005 N. Central Avenue, Phoenix, AZ 85004
- Phone: (602) 542-5263
- Website: azag.gov/civil-rights

EEOC Phoenix District Office:
- 3300 N. Central Avenue, Suite 690
- Phoenix, AZ 85012
- Phone: (800) 669-4000

Statute of Limitations Summary