EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Georgia

Federal Anti-Discrimination Claims (Primary) and Limited State Law Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Georgia ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[State Bar of Georgia 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 / O.C.G.A. § 24-4-408

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 Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other applicable federal anti-discrimination statutes.

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

I. GEORGIA LEGAL FRAMEWORK

A. Limited State Anti-Discrimination Protections

Georgia has one of the weakest state employment discrimination frameworks in the nation. The state's Fair Employment Practices Act applies only to public/government employers, leaving private sector employees primarily dependent on federal law.

Georgia Fair Employment Practices Act (O.C.G.A. § 45-19-20 et seq.):
- Covers only state and local government employers
- Does NOT cover private employers
- Protected classes: race, color, religion, national origin, sex, disability, age

Georgia Commission on Equal Opportunity (GCEO):
- Limited authority
- Does NOT have jurisdiction over private employers
- Primarily educational and advisory role

B. Federal Law — Primary Source of Protection

Because Georgia provides minimal state-law employment discrimination protections for private employers, claims must proceed under federal statutes:

1. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)
- Prohibits discrimination based on race, color, religion, sex, and national origin
- Coverage: Employers with 15 or more employees
- EEOC Filing Deadline: 180 days in Georgia (non-deferral state)

2. Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.)
- Prohibits discrimination against employees 40 years of age or older
- Coverage: Employers with 20 or more employees
- EEOC Filing Deadline: 180 days in Georgia

3. Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
- Prohibits disability discrimination; requires reasonable accommodation
- Coverage: Employers with 15 or more employees
- EEOC Filing Deadline: 180 days in Georgia

4. Section 1981 (42 U.S.C. § 1981)
- Prohibits race discrimination in contracts (including employment)
- No employee threshold — covers all employers
- No EEOC exhaustion required
- 4-year statute of limitations

C. Administrative Exhaustion Requirements

CRITICAL: Georgia is a NON-DEFERRAL STATE

EEOC Office Serving Georgia:
- EEOC Atlanta District Office
- 100 Alabama Street SW, Suite 4R30
- Atlanta, GA 30303
- 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 federal law:

[ ] Race: [Specify]
[ ] Color: [Specify]
[ ] Religion: [Specify]
[ ] Sex: [Specify, including pregnancy, sexual orientation, gender identity per Bostock]
[ ] National Origin: [Specify]
[ ] Age: [Specify - must be 40 or older for ADEA]
[ ] Disability: [Specify condition and accommodation requests]
[ ] 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]
[ ] 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. Title VII Discrimination (42 U.S.C. § 2000e-2)

[Company Short Name] violated Title VII by discriminating against our client based on [his/her/their] [protected class].

Prima Facie Case:
- Member of protected class
- Qualified for the position
- Suffered adverse employment action
- Circumstances giving rise to inference of discrimination

B. Section 1981 Discrimination (42 U.S.C. § 1981) — If Race-Based

[If applicable:] [Company Short Name] violated Section 1981 by discriminating against our client on the basis of race in the making and enforcement of contracts.

Note: Section 1981 provides important advantages:
- No EEOC exhaustion required
- 4-year statute of limitations
- No employer size threshold

C. Hostile Work Environment (If Applicable)

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

D. Retaliation (If Applicable)

[Company Short Name] retaliated against our client for engaging in protected activity.

E. Failure to Accommodate (ADA, If Applicable)

[Company Short Name] failed to provide reasonable accommodation for our client's disability.

V. DAMAGES

A. Economic Damages

B. Compensatory Damages

Compensatory Damages: $[Amount]

C. Punitive Damages

Title VII Damage Caps (Combined Compensatory and Punitive):

Section 1981: No statutory caps on compensatory or punitive damages.

Punitive Damages: $[Amount]

D. Attorney's Fees and Costs

Under 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

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

[ ] EEOC Charge filed on [Date] — Charge No. [Number]
[ ] Right to Sue letter received on [Date]
[ ] Right to Sue letter requested / pending

B. Litigation Venue

[ ] United States District Court for the Northern District of Georgia (Atlanta)
[ ] United States District Court for the Middle District of Georgia (Macon)
[ ] United States District Court for the Southern District of Georgia (Savannah)
[ ] Georgia Superior Court (limited state claims)

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE — Preserve all relevant documents and ESI.

IX. CONFIDENTIALITY

This letter is protected under FRE 408 and O.C.G.A. § 24-4-408.

Sincerely,

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

cc: [Client Name]

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

Key Georgia Considerations

[ ] NON-DEFERRAL STATE: 180-day EEOC deadline — NOT 300 days

[ ] Minimal State Protections: GFEPA covers only public employers

[ ] Federal Law Primary: Private sector claims rely almost entirely on federal law

[ ] Section 1981 Important: For race claims — no exhaustion, no caps, 4-year SOL

[ ] No State Sexual Orientation/Gender Identity: Rely on Bostock under Title VII

[ ] Atlanta Metro Considerations: Check local ordinances for additional protections

Agency Contact Information

EEOC Atlanta District Office:
- 100 Alabama Street SW, Suite 4R30
- Atlanta, GA 30303
- Phone: (800) 669-4000

Georgia Commission on Equal Opportunity:
- 2 Martin Luther King Jr. Drive SE
- Suite 1002, West Tower
- Atlanta, GA 30334
- Phone: (404) 656-1736
- Note: Limited authority over private employers

Statute of Limitations

Strategic Considerations

[ ] File EEOC Charge Immediately: 180-day deadline is strict
[ ] Consider Section 1981: For race claims — avoids exhaustion, no caps
[ ] Federal Court Preferred: Given lack of state remedies
[ ] Atlanta Ordinance: City of Atlanta has local anti-discrimination protections