EMPLOYMENT DISCRIMINATION DEMAND LETTER
State of Delaware
Delaware Discrimination in Employment Act and Federal Anti-Discrimination Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Delaware ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Delaware 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]
Delaware OAD Complaint No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / D.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] in violation of the Delaware Discrimination in Employment Act (DDEA), 19 Del. C. § 710 et seq., and federal anti-discrimination statutes.
Please direct all further communications regarding this matter to our office.
I. DELAWARE LEGAL FRAMEWORK
A. Delaware Discrimination in Employment Act (DDEA)
Delaware provides comprehensive employment discrimination protections through the DDEA. Delaware is a deferral state with a work-sharing agreement with the EEOC.
Coverage:
- Private employers with 4 or more employees (broader than federal)
- State and local government employers
- Employment agencies and labor organizations
Protected Classes Under Delaware Law:
| Protected Class | Statutory Citation |
|---|---|
| Race | 19 Del. C. § 711 |
| Color | 19 Del. C. § 711 |
| Religion | 19 Del. C. § 711 |
| Sex (including pregnancy) | 19 Del. C. § 711 |
| Sexual Orientation | 19 Del. C. § 711 |
| Gender Identity | 19 Del. C. § 711 |
| Marital Status | 19 Del. C. § 711 |
| National Origin | 19 Del. C. § 711 |
| Age (40 and over) | 19 Del. C. § 711 |
| Disability | 19 Del. C. § 711 |
| Genetic Information | 19 Del. C. § 711 |
| Reproductive Health Decisions | 19 Del. C. § 711 |
| Family Responsibilities | 19 Del. C. § 711 |
| Victim of Domestic Violence/Sexual Assault/Stalking | 19 Del. C. § 711 |
B. Key Delaware-Specific Protections
1. Broader Coverage:
- DDEA covers employers with only 4 employees (vs. 15 for Title VII)
2. Unique Protections:
- Family responsibilities
- Reproductive health decisions
- Victim of domestic violence, sexual assault, or stalking status
3. No Damage Caps:
- DDEA imposes no statutory caps on compensatory or punitive damages
C. Administrative Exhaustion Requirements
Delaware Department of Labor - Office of Anti-Discrimination:
| Requirement | Standard |
|---|---|
| Filing Deadline | 300 days from discriminatory act |
| Right to Sue | May request after 120 days |
| Investigation | OAD investigates charge |
| Suit Filing Deadline | 90 days from Right to Sue |
OAD Contact Information:
- Delaware Department of Labor
- Office of Anti-Discrimination
- 4425 N. Market Street
- Wilmington, DE 19802
- Phone: (302) 761-8200
EEOC Filing (Cross-Filed with OAD):
| Requirement | Standard |
|---|---|
| Filing Deadline | 300 days from discriminatory act |
| Cross-Filing | Work-sharing agreement with Delaware |
| Right to Sue Letter | Required for federal court |
| Suit Filing Deadline | 90 days from Right to Sue letter |
II. PROTECTED CLASS STATUS
A. Client's Protected Class
Our client is a member of the following protected class(es):
[ ] Race: [Specify]
[ ] Color: [Specify]
[ ] Religion: [Specify]
[ ] Sex: [Specify, including pregnancy]
[ ] Sexual Orientation: [Specify]
[ ] Gender Identity: [Specify]
[ ] Marital Status: [Specify]
[ ] National Origin: [Specify]
[ ] Age: [Specify - must be 40 or older]
[ ] Disability: [Specify condition]
[ ] Genetic Information: [Specify]
[ ] Reproductive Health Decisions: [Specify]
[ ] Family Responsibilities: [Specify]
[ ] Victim Status: [Domestic violence/sexual assault/stalking]
B. Evidence of Protected Class Status
[Describe documentation or evidence establishing membership in the protected class]
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Position/Title | [Job Title] |
| Department | [Department Name] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location | [Address in Delaware] |
| Salary/Compensation | $[Amount] per [year/hour] |
| Supervisor(s) | [Name(s) and Title(s)] |
| HR Contact | [Name and Title] |
B. Summary of Discriminatory Conduct
Our client was subjected to the following adverse employment action(s):
[ ] Failure to Hire: [Describe]
[ ] Termination: [Describe]
[ ] Demotion: [Describe]
[ ] Failure to Promote: [Describe]
[ ] Hostile Work Environment: [Describe]
[ ] Unequal Pay: [Describe]
[ ] Denial of Accommodation: [Describe]
[ ] Retaliation: [Describe]
[ ] Harassment: [Describe]
[ ] Other: [Describe]
C. Timeline of Events
| Date | Event | Witness(es) |
|---|---|---|
| [Date] | [Describe discriminatory event] | [Names] |
| [Date] | [Describe adverse employment action] | [Names] |
D. Discriminatory Intent / Disparate Treatment
1. Direct Evidence:
- [Describe any discriminatory statements or communications]
2. Circumstantial Evidence:
- [Describe disparate treatment of similarly situated employees]
3. Pretext:
- [Describe evidence that employer's stated reason is pretextual]
IV. LEGAL CLAIMS
A. Violation of Delaware DDEA (19 Del. C. § 711)
[Company Short Name] violated the DDEA by discriminating against our client based on [his/her/their] [protected class]. Under 19 Del. C. § 711(a), it is an unlawful employment practice:
"to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual's race, marital status, genetic information, color, age, religion, sex, sexual orientation, gender identity, or national origin..."
B. Hostile Work Environment (If Applicable)
The discriminatory conduct was severe or pervasive enough to create a hostile work environment.
C. Retaliation (19 Del. C. § 711(f))
[If applicable:] [Company Short Name] retaliated against our client for engaging in protected activity.
D. Failure to Accommodate (If Applicable)
[Company Short Name] failed to provide reasonable accommodation for our client's disability.
V. DAMAGES
A. Economic Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Front Pay | $[Amount] |
| Economic Subtotal | $[Amount] |
B. Compensatory Damages
Compensatory Damages: $[Amount]
C. Punitive Damages
Punitive Damages: $[Amount]
D. Attorney's Fees and Costs
Estimated Fees and Costs: $[Amount]
E. Summary of Damages
| Category | Amount |
|---|---|
| Economic Damages | $[Amount] |
| Compensatory Damages | $[Amount] |
| Punitive Damages | $[Amount] |
| Attorney's Fees | $[Amount] |
| TOTAL | $[Amount] |
VI. SETTLEMENT DEMAND
We demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims.
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
[ ] Delaware OAD Complaint filed on [Date]
[ ] EEOC Charge filed on [Date]
[ ] Right to Sue obtained on [Date]
B. Litigation Venue
[ ] Delaware Superior Court, [County] County
[ ] United States District Court for the District of Delaware
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE — Preserve all relevant documents and ESI.
IX. CONFIDENTIALITY
This letter is protected under FRE 408 and D.R.E. 408.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Delaware Bar ID No.]
cc: [Client Name]
DELAWARE-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Delaware Considerations
[ ] Deferral State: 300-day filing deadline
[ ] Broad Coverage: DDEA covers employers with 4+ employees
[ ] No Damage Caps: Unlike Title VII, DDEA has no caps
[ ] Family Responsibilities: Unique Delaware protection
[ ] Reproductive Health Decisions: Protected category
[ ] Victim Status: DV/sexual assault/stalking victims protected
Agency Contact Information
Delaware Office of Anti-Discrimination:
- 4425 N. Market Street
- Wilmington, DE 19802
- Phone: (302) 761-8200
EEOC Philadelphia District Office:
- Phone: (800) 669-4000
Statute of Limitations
| Claim | Deadline |
|---|---|
| DDEA Complaint | 300 days |
| State Court | 90 days from RTS |
| EEOC Charge | 300 days |
| Title VII Suit | 90 days |