EMPLOYMENT DISCRIMINATION DEMAND LETTER
Commonwealth of Kentucky
Kentucky Civil Rights Act and Federal Anti-Discrimination Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Kentucky ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Kentucky Bar Association 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]
KCHR Complaint No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / KRE 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 Kentucky Civil Rights Act (KRS Chapter 344) and federal anti-discrimination statutes.
Please direct all further communications regarding this matter to our office.
I. KENTUCKY LEGAL FRAMEWORK
A. Kentucky Civil Rights Act (KRS Chapter 344)
Kentucky provides employment discrimination protections through the Kentucky Civil Rights Act. Kentucky is a deferral state with a work-sharing agreement with the EEOC.
Coverage:
- Private employers with 8 or more employees (broader than federal)
- State and local government employers
- Employment agencies and labor organizations
Protected Classes Under Kentucky Law:
| Protected Class | Statutory Citation |
|---|---|
| Race | KRS 344.040 |
| Color | KRS 344.040 |
| Religion | KRS 344.040 |
| National Origin | KRS 344.040 |
| Sex | KRS 344.040 |
| Age (40 and over) | KRS 344.040 |
| Disability | KRS 344.040 |
| Familial Status | KRS 344.040 |
| Smoking Status | KRS 344.040 |
Note: Kentucky does NOT protect sexual orientation or gender identity under state law (though some local ordinances do).
B. Key Kentucky-Specific Features
1. Unique Protections:
- Smoking status — cannot discriminate based on whether employee smokes off-duty
- Familial status — broader than typical family protections
2. Coverage:
- Covers employers with 8 or more employees (vs. 15 for Title VII)
3. No Statutory Cap on Compensatory Damages:
- KCRA does not cap compensatory damages
C. Administrative Exhaustion Requirements
Kentucky Commission on Human Rights (KCHR):
| Requirement | Standard |
|---|---|
| Filing Deadline | 180 days from discriminatory act |
| Investigation | KCHR investigates complaint |
| Right to Sue | May request after 180 days or upon determination |
| Suit Filing Deadline | 5 years (general limitations) |
KCHR Contact Information:
- Kentucky Commission on Human Rights
- 332 W. Broadway, Suite 1400
- Louisville, KY 40202
- Phone: (502) 595-4024
- Website: kchr.ky.gov
EEOC Filing (Cross-Filed with KCHR):
| Requirement | Standard |
|---|---|
| Filing Deadline | 300 days from discriminatory act |
| Cross-Filing | Work-sharing agreement with KCHR |
| 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]
[ ] National Origin: [Specify]
[ ] Sex: [Specify, including pregnancy]
[ ] Age: [Specify - must be 40 or older]
[ ] Disability: [Specify condition]
[ ] Familial Status: [Specify]
[ ] Smoking Status: [Specify - off-duty smoking discrimination]
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 Kentucky] |
| 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]
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 Kentucky Civil Rights Act (KRS 344.040)
[Company Short Name] violated KCRA by discriminating against our client based on [his/her/their] [protected class]. Under KRS 344.040, it is an unlawful practice:
"for an employer to fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual's race, color, religion, national origin, sex, age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker..."
B. Retaliation (KRS 344.280)
[If applicable:] [Company Short Name] retaliated against our client for engaging in protected activity.
C. Federal Claims (Title VII / ADEA / ADA)
Our client also asserts federal discrimination claims.
V. DAMAGES
A. Economic Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Front Pay | $[Amount] |
| Economic Subtotal | $[Amount] |
B. Compensatory Damages
Compensatory Damages: $[Amount]
C. Punitive Damages
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
[ ] KCHR Complaint filed on [Date]
[ ] EEOC Charge filed on [Date]
[ ] Right to Sue obtained on [Date]
B. Litigation Venue
[ ] Kentucky Circuit Court, [County] County
[ ] United States District Court for the [Eastern/Western] District of Kentucky
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE — Preserve all relevant documents and ESI.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Kentucky Bar No.]
cc: [Client Name]
KENTUCKY-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Kentucky Considerations
[ ] Deferral State: 300-day EEOC deadline; 180-day KCHR deadline
[ ] Smoking Status Protection: Unique Kentucky protection
[ ] Broader Coverage: KCRA covers employers with 8+ employees
[ ] No Sexual Orientation/Gender Identity: Not protected under state law
Local Ordinances with Additional Protections
[ ] Louisville/Jefferson County: Sexual orientation, gender identity protected
[ ] Lexington-Fayette County: Sexual orientation, gender identity protected
[ ] Covington: Sexual orientation protected
Agency Contact Information
Kentucky Commission on Human Rights:
- 332 W. Broadway, Suite 1400
- Louisville, KY 40202
- Phone: (502) 595-4024
- Website: kchr.ky.gov
EEOC Louisville Area Office:
- Phone: (800) 669-4000
Statute of Limitations
| Claim | Deadline |
|---|---|
| KCHR Complaint | 180 days |
| State Court | 5 years (general SOL) |
| EEOC Charge | 300 days |
| Title VII Suit | 90 days |