Employment Discrimination Demand Letter - Indiana

EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Indiana

Indiana Civil Rights Law and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Indiana ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Indiana Attorney 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]
ICRC Complaint No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / IND. R. EVID. 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 Indiana Civil Rights Law (IC 22-9-1-1 et seq.) and federal anti-discrimination statutes.

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

I. INDIANA LEGAL FRAMEWORK

A. Indiana Civil Rights Law (IC 22-9-1-1 et seq.)

Indiana provides employment discrimination protections through the Indiana Civil Rights Law. Indiana is a deferral state with a work-sharing agreement with the EEOC.

Coverage:

• Private employers with 6 or more employees (broader than federal)
• State and local government employers
• Employment agencies and labor organizations

Protected Classes Under Indiana Law:

Note: Indiana does NOT protect sexual orientation or gender identity under state law.

B. Key Indiana-Specific Features

1. Limited Remedies Under State Law:

• Back pay
• Reinstatement
• Injunctive relief
• NO compensatory or punitive damages under state law
• Federal claims necessary for full damages

2. Age Protection Limits:

• State law protects ages 40-75 (not over 75)
• Federal ADEA has no upper limit

3. Coverage:

• Covers employers with 6 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 Indiana (deferral state)

2. Age Discrimination in Employment Act

• Coverage: Employers with 20 or more employees
• EEOC Filing Deadline: 300 days in Indiana
• Note: No upper age limit (unlike Indiana state law)

3. Americans with Disabilities Act

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

D. Administrative Exhaustion Requirements

Indiana Civil Rights Commission (ICRC):

ICRC Contact Information:

• Indiana Civil Rights Commission
• 100 N. Senate Avenue, Room N103
• Indianapolis, IN 46204
• Phone: (317) 232-2600
• Website: www.in.gov/icrc

EEOC Filing (Cross-Filed with ICRC):

II. PROTECTED CLASS STATUS

A. Client's Protected Class

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

[ ] Race: [Specify]
[ ] Religion: [Specify]
[ ] Color: [Specify]
[ ] Sex: [Specify, including pregnancy]
[ ] National Origin: [Specify]
[ ] Ancestry: [Specify]
[ ] Age: [Specify - 40-75 for state; 40+ for federal]
[ ] Disability: [Specify condition]
[ ] Veteran 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]

C. Timeline of Events

D. Discriminatory Intent / Disparate Treatment

[Describe direct and circumstantial evidence of discrimination]

IV. LEGAL CLAIMS

A. Violation of Indiana Civil Rights Law (IC 22-9-1-3)

[Company Short Name] violated Indiana 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 not available under Indiana state law.

C. Retaliation (IC 22-9-1-6)

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

V. DAMAGES

A. Economic Damages

B. Compensatory Damages (Federal Claims Only)

Note: Indiana state law does NOT provide compensatory damages.

Compensatory Damages: $[Amount]

C. Punitive Damages (Federal Claims Only)

Title VII Damage Caps:

Punitive Damages: $[Amount]

D. 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

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

B. Litigation Venue

[ ] Indiana Superior/Circuit Court, [County] County
[ ] United States District Court for the [Northern/Southern] District of Indiana

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE — Preserve all relevant documents and ESI.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Indiana Attorney No.]

cc: [Client Name]

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

Key Indiana Considerations

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

[ ] Limited State Remedies: No compensatory/punitive under state law

[ ] Federal Claims Essential: For full damages, pursue federal claims

[ ] No Sexual Orientation/Gender Identity: Not protected under state law

[ ] Age Cap at 75: State law only protects ages 40-75

[ ] Broader Coverage: ICRC covers employers with 6+ employees

Local Ordinances

[ ] Indianapolis: Marion County has local human rights ordinance with additional protections (sexual orientation, gender identity)
[ ] Bloomington: Local ordinance with additional protections
[ ] South Bend: Local ordinance with additional protections

Agency Contact Information

Indiana Civil Rights Commission:

• 100 N. Senate Avenue, Room N103
• Indianapolis, IN 46204
• Phone: (317) 232-2600
• Website: www.in.gov/icrc

EEOC Indianapolis District Office:

• 101 W. Ohio Street, Suite 1900
• Indianapolis, IN 46204
• Phone: (800) 669-4000

Statute of Limitations