Employment Discrimination Demand Letter - Kentucky

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:

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):

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):

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

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 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

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

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