EMPLOYMENT DISCRIMINATION DEMAND LETTER
State of Idaho
Idaho Human Rights Act and Federal Anti-Discrimination Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Idaho ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Idaho 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]
IHRC Complaint No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / I.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 Idaho Human Rights Act (Idaho Code § 67-5901 et seq.) and federal anti-discrimination statutes.
Please direct all further communications regarding this matter to our office.
I. IDAHO LEGAL FRAMEWORK
A. Idaho Human Rights Act (Idaho Code § 67-5901 et seq.)
Idaho provides basic employment discrimination protections through the Idaho Human Rights Act. Idaho is a deferral state with a work-sharing agreement with the EEOC.
Coverage:
- Private employers with 5 or more employees (broader than federal)
- State and local government employers
- Employment agencies and labor organizations
Protected Classes Under Idaho Law:
| Protected Class | Statutory Citation |
|---|---|
| Race | Idaho Code § 67-5909 |
| Color | Idaho Code § 67-5909 |
| Religion | Idaho Code § 67-5909 |
| Sex | Idaho Code § 67-5909 |
| National Origin | Idaho Code § 67-5909 |
| Age (40 and over) | Idaho Code § 67-5909 |
| Disability | Idaho Code § 67-5909 |
Note: Idaho does NOT protect sexual orientation or gender identity under state law.
B. Key Idaho-Specific Features
1. Limited Remedies:
- Idaho Human Rights Act provides primarily equitable relief
- Back pay, reinstatement, front pay available
- No compensatory or punitive damages under state law
- Federal claims necessary for full damages
2. 1-Year Filing Deadline:
- IHRC complaint deadline is 1 year (longer than EEOC's 300 days)
3. Coverage:
- Covers employers with 5 or more employees (vs. 15 for 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 Idaho (deferral state)
2. Age Discrimination in Employment Act
- Coverage: Employers with 20 or more employees
- EEOC Filing Deadline: 300 days in Idaho
3. Americans with Disabilities Act
- Coverage: Employers with 15 or more employees
- EEOC Filing Deadline: 300 days in Idaho
D. Administrative Exhaustion Requirements
Idaho Human Rights Commission (IHRC):
| Requirement | Standard |
|---|---|
| Filing Deadline | 1 year from discriminatory act |
| Investigation | IHRC investigates complaint |
| Right to Sue | May request after investigation |
| Suit Filing Deadline | 90 days from Right to Sue |
IHRC Contact Information:
- Idaho Human Rights Commission
- 317 W. Main Street
- Boise, ID 83735
- Phone: (208) 334-2873
- Website: humanrights.idaho.gov
EEOC Filing (Cross-Filed with IHRC):
| Requirement | Standard |
|---|---|
| Filing Deadline | 300 days from discriminatory act |
| Cross-Filing | Work-sharing agreement with IHRC |
| 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]
[ ] National Origin: [Specify]
[ ] Age: [Specify - must be 40 or older]
[ ] Disability: [Specify condition]
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] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location | [Address in Idaho] |
| Salary/Compensation | $[Amount] per [year/hour] |
| Supervisor(s) | [Name(s) and Title(s)] |
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]
C. Timeline of Events
| Date | Event | Witness(es) |
|---|---|---|
| [Date] | [Describe discriminatory event] | [Names] |
| [Date] | [Describe adverse employment action] | [Names] |
D. Discriminatory Intent / Disparate Treatment
[Describe direct and circumstantial evidence of discrimination]
IV. LEGAL CLAIMS
A. Violation of Idaho Human Rights Act (Idaho Code § 67-5909)
[Company Short Name] violated Idaho law by discriminating against our client based on [his/her/their] [protected class].
B. Federal Claims (Title VII / ADEA / ADA)
Our client also asserts federal discrimination claims to access full compensatory and punitive damages.
C. Retaliation (If Applicable)
[Company Short Name] retaliated against our client for engaging in protected activity.
V. DAMAGES
A. Economic Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Front Pay | $[Amount] |
| Economic Subtotal | $[Amount] |
B. Compensatory Damages (Federal Claims Only)
Note: Idaho state law does NOT provide compensatory damages. These are available only under federal claims.
Compensatory Damages: $[Amount]
C. Punitive Damages (Federal Claims Only)
Title VII Damage Caps:
| Number of Employees | Cap |
|---|---|
| 15-100 | $50,000 |
| 101-200 | $100,000 |
| 201-500 | $200,000 |
| 500+ | $300,000 |
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
[ ] IHRC Complaint filed on [Date]
[ ] EEOC Charge filed on [Date]
[ ] Right to Sue obtained on [Date]
B. Litigation Venue
[ ] Idaho District Court, [County] County
[ ] United States District Court for the District of Idaho
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE — Preserve all relevant documents and ESI.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Idaho State Bar No.]
cc: [Client Name]
IDAHO-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Idaho Considerations
[ ] Deferral State: 300-day EEOC deadline; 1-year IHRC deadline
[ ] Limited State Remedies: No compensatory/punitive under state law
[ ] Federal Claims Essential: For full damages, must pursue federal claims
[ ] No Sexual Orientation/Gender Identity: Not protected under state law
[ ] Broader Coverage: IHRA covers employers with 5+ employees
Agency Contact Information
Idaho Human Rights Commission:
- 317 W. Main Street, Boise, ID 83735
- Phone: (208) 334-2873
- Website: humanrights.idaho.gov
EEOC Seattle District Office (Serves Idaho):
- Phone: (800) 669-4000
Statute of Limitations
| Claim | Deadline |
|---|---|
| IHRC Complaint | 1 year |
| State Court | 90 days from RTS |
| EEOC Charge | 300 days |
| Title VII Suit | 90 days |