Employment Discrimination Demand Letter - Florida

EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Florida

Florida Civil Rights Act and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Florida ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Florida 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]
FCHR Complaint No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
FOR SETTLEMENT PURPOSES — FED. R. EVID. 408 / FLA. STAT. § 90.408 MAY LIMIT SPECIFIED USES OF DISPUTED-CLAIM NEGOTIATIONS

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 Florida Civil Rights Act (FCRA), Florida Statutes Section 760.01 et seq., and federal anti-discrimination statutes.

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

I. FLORIDA LEGAL FRAMEWORK

A. Florida Civil Rights Act (FCRA)

Florida provides employment discrimination protections through the FCRA, which closely mirrors federal Title VII. Florida is a deferral state with a work-sharing agreement with the EEOC.

Coverage:

• Private employers with 15 or more employees (same as Title VII)
• State and local government employers
• Employment agencies and labor organizations

Protected Classes Under Florida Law:

Note: Florida does NOT explicitly protect sexual orientation or gender identity under state law, though some local ordinances do.

B. Key Florida-Specific Features

1. 365-Day Filing Deadline:

• FCHR complaint deadline is 365 days (longer than EEOC's 300 days)

2. Florida Civil Action Remedies:

• Section 760.11(5) sets no numeric cap on FCRA compensatory damages and caps punitive damages at $100,000.
• The state and its agencies or subdivisions owe no punitive damages and have the separate recovery limit referenced in § 768.28(5).
• Evaluate remedies for any federal Title VII or ADA claim separately.

3. Unique Protections:

• AIDS/HIV status explicitly protected under Fla. Stat. § 760.50
• Marital status protected (not in Title VII)

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 Florida (deferral state)

2. Age Discrimination in Employment Act

• Coverage: Employers with 20 or more employees
• EEOC Filing Deadline: 300 days in Florida

3. Americans with Disabilities Act

• Coverage: Employers with 15 or more employees
• EEOC Filing Deadline: 300 days in Florida

D. Administrative Exhaustion Requirements

Florida Commission on Human Relations (FCHR):

FCHR Contact Information:

• Florida Commission on Human Relations
• 4075 Esplanade Way, Room 110
• Tallahassee, FL 32399
• Phone: (850) 488-7082
• Website: fchr.myflorida.com

EEOC Filing (Cross-Filed with FCHR):

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]
☐ National Origin: [Specify]
☐ Age: [Specify]
☐ Handicap (Disability): [Specify condition]
☐ Marital Status: [Specify]
☐ AIDS/HIV Status: [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]
☐ 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

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 Florida Civil Rights Act (Fla. Stat. § 760.10)

[Company Short Name] violated the FCRA by discriminating against our client based on [his/her/their] [protected class]. Under Fla. Stat. § 760.10(1), it is an unlawful employment practice:

"to discharge or to fail or refuse to hire 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, color, religion, sex, pregnancy, national origin, age, handicap, or marital status."

B. Hostile Work Environment (If Applicable)

The discriminatory conduct was severe or pervasive enough to create a hostile work environment.

C. Retaliation (Fla. Stat. § 760.10(7))

[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 handicap/disability.

V. DAMAGES

A. Economic Damages

B. Compensatory Damages

Compensatory Damages: $[Amount]

C. Punitive Damages

Florida FCRA: Section 760.11(5) sets no numeric cap on compensatory damages. Punitive damages, if awarded against a private respondent, may not exceed $100,000. No punitive damages are available against the state or its agencies or subdivisions; their total recovery is subject to § 768.28(5). Any federal claim has its own remedy analysis.

Punitive Damages: $[Amount]

D. Attorney's Fees and Costs

We request reasonable attorney's fees and costs under Fla. Stat. § 760.11(5) and any applicable federal law. Under the Florida provision, the court may allow a prevailing party's reasonable attorney fee in its discretion.

Estimated Fees and Costs: $[Amount]

E. Summary of Damages

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

☐ FCHR Complaint filed on [Date]
☐ EEOC Charge filed on [Date]
☐ Right to Sue obtained on [Date]

B. Litigation Venue

☐ Florida Circuit Court, [County] County
☐ United States District Court for the [Northern/Middle/Southern] District of Florida

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE — Preserve all relevant documents and ESI.

IX. EVIDENTIARY STATUS

If and to the extent this letter constitutes compromise negotiations over a claim disputed as to validity or amount, Fed. R. Evid. 408 and Fla. Stat. § 90.408 may limit its use to prove liability, absence of liability, or the claim's value. Those provisions do not themselves create confidentiality or privilege.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Florida Bar No.]

cc: [Client Name]

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

Key Florida Considerations

☐ Deferral State: 300-day EEOC deadline; 365-day FCHR deadline

☐ Same Coverage as Federal: FCRA covers employers with 15+ employees

☐ Florida Damages: Section 760.11(5) caps only punitive damages at $100,000 for private respondents, with no numeric compensatory cap; public defendants have separate limits.

☐ No Sexual Orientation/Gender Identity: Not protected under state law (check local ordinances)

☐ AIDS/HIV Status: Explicitly protected under Fla. Stat. § 760.50

☐ Marital Status: Protected under FCRA (not in Title VII)

Local Ordinances with Additional Protections

☐ Miami-Dade County: Sexual orientation, gender identity protected
☐ Broward County: Sexual orientation, gender identity protected
☐ Palm Beach County: Sexual orientation protected
☐ City of Orlando: Sexual orientation, gender identity protected
☐ City of Tampa: Sexual orientation, gender identity protected

Agency Contact Information

Florida Commission on Human Relations:

• 4075 Esplanade Way, Room 110
• Tallahassee, FL 32399
• Phone: (850) 488-7082
• Website: fchr.myflorida.com

EEOC Offices in Florida:

• Miami District Office
• Tampa Field Office

Statute of Limitations