EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of California

California Fair Employment and Housing Act (FEHA) and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, California ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[State Bar of California 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]
CRD Complaint No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / CAL. EVID. CODE § 1152

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] in violation of the California Fair Employment and Housing Act (FEHA), Government Code Section 12900 et seq., and federal anti-discrimination statutes.

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

I. CALIFORNIA LEGAL FRAMEWORK

A. California Fair Employment and Housing Act (FEHA)

California provides the most comprehensive employment discrimination protections in the nation through FEHA. California is a deferral state with a robust state civil rights agency.

Coverage:
- Private employers with 5 or more employees (harassment claims: 1 employee)
- State and local government employers
- Employment agencies and labor organizations

Protected Classes Under California FEHA:

B. Key California-Specific Protections

1. Broader Disability Definition:
FEHA's definition of disability is broader than the ADA. A condition need only "limit" (not "substantially limit") a major life activity. Cal. Gov. Code § 12926(m).

2. Harassment Liability:
- Individual supervisors can be personally liable for harassment
- Employers liable for harassment by non-employees if employer knew or should have known
- Employers with 1+ employees subject to harassment provisions

3. Interactive Process:
Employers must engage in timely, good-faith interactive process for accommodation requests. Cal. Gov. Code § 12940(n).

4. Pregnancy Disability Leave:
Up to 4 months of pregnancy disability leave in addition to CFRA leave. Cal. Gov. Code § 12945.

C. Administrative Exhaustion Requirements

California Civil Rights Department (CRD):

CRD Contact Information:
- California Civil Rights Department
- 2218 Kausen Drive, Suite 100
- Elk Grove, CA 95758
- Phone: (800) 884-1684
- Online Filing: calcivilrights.ca.gov

EEOC Filing (Federal Claims):

II. PROTECTED CLASS STATUS

A. Client's Protected Class

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

[ ] Race: [Specify]
[ ] Color: [Specify]
[ ] National Origin/Ancestry: [Specify]
[ ] Sex/Gender: [Specify]
[ ] Gender Identity: [Specify]
[ ] Gender Expression: [Specify]
[ ] Sexual Orientation: [Specify]
[ ] Religion: [Specify, including dress/grooming practices]
[ ] Age: [Specify - must be 40 or older]
[ ] Physical Disability: [Specify condition]
[ ] Mental Disability: [Specify condition]
[ ] Medical Condition: [Specify]
[ ] Genetic Information: [Specify]
[ ] Marital Status: [Specify]
[ ] Pregnancy/Childbirth/Breastfeeding: [Specify]
[ ] Military/Veteran Status: [Specify]
[ ] Reproductive Health Decision-Making: [Specify]

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]
[ ] Failure to Engage in Interactive Process: [Describe]
[ ] Retaliation: [Describe protected activity and adverse action]
[ ] Harassment: [Describe conduct]
[ ] Pregnancy Discrimination: [Describe]
[ ] 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]

E. Comparator Evidence

IV. LEGAL CLAIMS

A. Violation of California FEHA (Gov. Code § 12940)

[Company Short Name] violated FEHA by discriminating against our client based on [his/her/their] [protected class]. Under Government Code Section 12940, it is unlawful for an employer:

"because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status of any person... to discriminate against the person in compensation or in terms, conditions, or privileges of employment."

B. Failure to Prevent Discrimination (Gov. Code § 12940(k))

[Company Short Name] failed to take all reasonable steps necessary to prevent discrimination and harassment from occurring, in violation of Government Code Section 12940(k).

C. Harassment (Gov. Code § 12940(j))

[If applicable:] Our client was subjected to harassment based on [protected class] that was severe or pervasive enough to create a hostile work environment. Under FEHA, the harassing supervisor(s), [Name(s)], may be held personally liable for the harassment.

D. Failure to Accommodate / Interactive Process (Gov. Code § 12940(m), (n))

[If applicable:] [Company Short Name] failed to provide reasonable accommodation for our client's disability and/or failed to engage in a timely, good-faith interactive process:

Disability: [Describe qualifying disability]
Requested Accommodation: [Describe]
Interactive Process Failure: [Describe how employer failed to engage]
Denial: [Describe]

E. Retaliation (Gov. Code § 12940(h))

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

Protected Activity: [Describe complaint, CRD filing, participation]
Adverse Action: [Describe retaliatory action]
Causal Connection: [Describe evidence]

F. Federal Claims (Title VII / ADEA / ADA)

In addition to state claims, our client asserts claims under applicable federal statutes.

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]

Note: California FEHA imposes NO CAPS on compensatory or punitive damages.

C. Punitive Damages

[Company Short Name]'s conduct was malicious, oppressive, or in conscious disregard of our client's rights, warranting punitive damages under Civil Code Section 3294.

California Standard: Punitive damages available upon clear and convincing evidence of oppression, fraud, or malice. See Weeks v. Baker & McKenzie, 63 Cal. App. 4th 1128 (1998).

FEHA Punitive Damages: No Cap

Punitive Damages Requested: $[Amount]

D. Attorney's Fees and Costs

Under Government Code Section 12965(c)(6) 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

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

B. Litigation Venue

If suit is filed, we anticipate filing in:

[ ] California Superior Court, [County] County
[ ] United States District Court for the [Northern/Central/Southern/Eastern] District of California

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 California Evidence Code Section 1152.

Sincerely,

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

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

cc: [Client Name] (via email)

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

Key California Considerations

[ ] Most Employee-Friendly State: Broadest protected classes, no damage caps

[ ] 3-Year CRD Filing Deadline: Much longer than 180/300-day EEOC deadline

[ ] Immediate Right to Sue: Can request immediate Right to Sue from CRD

[ ] 1-Year Suit Deadline: Must file within 1 year of CRD Right to Sue

[ ] Personal Liability: Supervisors personally liable for harassment

[ ] Interactive Process: Failure to engage is independent FEHA violation

[ ] Broader Disability: "Limits" vs. "substantially limits" major life activity

[ ] No Damage Caps: Unlike Title VII, FEHA has no caps on compensatory/punitive

Agency Contact Information

California Civil Rights Department:
- Phone: (800) 884-1684
- Website: calcivilrights.ca.gov
- Online filing available

EEOC Offices in California:
- San Francisco District Office
- Los Angeles District Office
- Multiple local offices

Statute of Limitations Summary

Local Ordinances

[ ] San Francisco: SF Police Code Article 33 (additional protections)
[ ] Los Angeles: LAMC Section 189 (additional protections)
[ ] Berkeley, Oakland: Local civil rights ordinances