EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Hawaii

Hawaii Employment Practices Law and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Hawaii ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Hawaii State 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]
HCRC Complaint No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / HRE 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 Hawaii's Employment Practices Law (HRS Chapter 378) and federal anti-discrimination statutes.

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

I. HAWAII LEGAL FRAMEWORK

A. Hawaii Employment Practices Law (HRS Chapter 378)

Hawaii provides comprehensive employment discrimination protections with some of the broadest protected classes in the nation. Hawaii is a deferral state with a work-sharing agreement with the EEOC.

Coverage:
- Private employers with 1 or more employees (much broader than federal)
- State and local government employers
- Employment agencies and labor organizations

Protected Classes Under Hawaii Law:

B. Key Hawaii-Specific Protections

1. Universal Coverage:
- Hawaii covers employers with only 1 employee (vs. 15 for Title VII)

2. Unique Protections:
- Arrest and court record — cannot discriminate based on arrest records
- Ancestry — distinct from national origin
- Credit history — significant limitation on use in hiring
- Breastfeeding — explicit workplace protections
- Reproductive health decisions
- Domestic/sexual violence victim status

3. No Damage Caps:
- Hawaii law imposes no caps on compensatory or punitive damages

C. Administrative Exhaustion Requirements

Hawaii Civil Rights Commission (HCRC):

HCRC Contact Information:
- Hawaii Civil Rights Commission
- 830 Punchbowl Street, Room 411
- Honolulu, HI 96813
- Phone: (808) 586-8636
- Website: labor.hawaii.gov/hcrc

EEOC Filing (Cross-Filed with HCRC):

II. PROTECTED CLASS STATUS

A. Client's Protected Class

Our client is a member of the following protected class(es):

[ ] Race: [Specify]
[ ] Color: [Specify]
[ ] Ancestry: [Specify]
[ ] Sex: [Specify, including pregnancy]
[ ] Sexual Orientation: [Specify]
[ ] Gender Identity or Expression: [Specify]
[ ] Religion: [Specify]
[ ] Age: [Specify]
[ ] Disability: [Specify condition]
[ ] Marital Status: [Specify]
[ ] Arrest and Court Record: [Specify]
[ ] Reproductive Health Decisions: [Specify]
[ ] Domestic/Sexual Violence Victim Status: [Specify]
[ ] National Guard Membership: [Specify]
[ ] Breastfeeding: [Specify]
[ ] Credit History: [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]
[ ] Arrest Record Discrimination: [Describe]
[ ] Credit History Discrimination: [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 Hawaii Employment Practices Law (HRS § 378-2)

[Company Short Name] violated Hawaii law by discriminating against our client based on [his/her/their] [protected class]. Under HRS § 378-2, it is an unlawful discriminatory practice:

"Because of race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, or domestic or sexual violence victim status... to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment."

B. Hostile Work Environment (If Applicable)

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

C. Retaliation (HRS § 378-2(2))

[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

B. Compensatory Damages

Compensatory Damages: $[Amount]

Note: Hawaii law imposes NO CAPS on compensatory damages.

C. Punitive Damages

Punitive Damages: $[Amount]

Note: Hawaii law imposes NO CAPS on punitive damages.

D. Attorney's Fees and Costs

Under HRS § 378-5 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

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

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

B. Litigation Venue

[ ] Hawaii Circuit Court, [First/Second/Third/Fifth] Circuit
[ ] United States District Court for the District of Hawaii

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE — Preserve all relevant documents and ESI.

IX. CONFIDENTIALITY

This letter is protected under FRE 408 and HRE 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Hawaii State Bar No.]

cc: [Client Name]

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

Key Hawaii Considerations

[ ] Deferral State: 300-day EEOC deadline; 180-day HCRC deadline

[ ] Universal Coverage: Hawaii covers employers with just 1 employee

[ ] No Damage Caps: Unlike Title VII, Hawaii has no caps

[ ] Arrest Record Protection: Unique and significant protection

[ ] Credit History Restrictions: HRS § 378-2.7 limits credit inquiries

[ ] Ancestry Protection: Distinct from national origin

[ ] Breastfeeding Protection: Explicit workplace protections

Agency Contact Information

Hawaii Civil Rights Commission:
- 830 Punchbowl Street, Room 411
- Honolulu, HI 96813
- Phone: (808) 586-8636
- Website: labor.hawaii.gov/hcrc

EEOC Honolulu Local Office:
- Phone: (800) 669-4000

Statute of Limitations