EMPLOYMENT DISCRIMINATION DEMAND LETTER

Massachusetts Law

Massachusetts Fair Employment Practices Act, M.G.L. c. 151B

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Massachusetts ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Massachusetts BBO 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]

Re: Employment Discrimination Claim of [Client Full Name]
MCAD Charge No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - M.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"). Please direct all further communications concerning this matter to our office.

We write to demand immediate action to remedy the unlawful discrimination and to resolve this matter without litigation. The Company's conduct violates both Massachusetts and federal anti-discrimination laws and exposes it to substantial liability.

I. LEGAL FRAMEWORK

A. Massachusetts Fair Employment Practices Act (M.G.L. c. 151B)

Massachusetts provides robust protections against employment discrimination under the Fair Employment Practices Act, M.G.L. c. 151B. The statute prohibits discrimination based on:

Protected Classes Under M.G.L. c. 151B Section 4:
- Race and color
- Religious creed
- National origin and ancestry
- Sex (including pregnancy, childbirth, and related conditions)
- Gender identity
- Sexual orientation
- Age (40 and over)
- Disability (physical and mental)
- Genetic information
- Military service/veteran status
- Marital status

B. Federal Anti-Discrimination Laws

In addition to state law, the following federal laws apply:

C. Massachusetts Commission Against Discrimination (MCAD)

The MCAD enforces M.G.L. c. 151B and has work-sharing agreements with the EEOC.

Filing Requirements:
- MCAD complaint must be filed within 300 days of the discriminatory act
- MCAD will cross-file with EEOC under work-sharing agreement
- Administrative exhaustion required before state court action under c. 151B Section 9

II. FACTUAL BACKGROUND

A. Employment History

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], Massachusetts.

Employment Summary:

B. Protected Class Status

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

[ ] Race/Color: [Specify]
[ ] National Origin/Ancestry: [Specify]
[ ] Sex/Gender: [Specify]
[ ] Gender Identity: [Specify]
[ ] Sexual Orientation: [Specify]
[ ] Religion: [Specify]
[ ] Age: [Age, if 40+]
[ ] Disability: [Describe disability and any accommodation requests]
[ ] Pregnancy: [Describe pregnancy-related status]
[ ] Military/Veteran Status: [Specify]
[ ] Marital Status: [Specify]
[ ] Genetic Information: [Specify]

C. Discriminatory Conduct

[Company Short Name] subjected our client to unlawful discrimination, including:

[ ] Disparate Treatment: [Describe how client was treated differently than similarly situated employees outside protected class]

[ ] Hostile Work Environment: [Describe severe or pervasive harassment based on protected class]

[ ] Failure to Accommodate: [Describe disability or religious accommodation request and denial]

[ ] Retaliation: [Describe protected activity and subsequent adverse action]

[ ] Wrongful Termination: [Describe discriminatory discharge]

Specific Incidents:

1. On or about [Date]: [Describe incident]
2. On or about [Date]: [Describe incident]
3. On or about [Date]: [Describe incident]

D. Comparator Evidence

Similarly situated employees outside our client's protected class were treated more favorably:

E. Direct Evidence of Discrimination

[Describe any statements, emails, or other direct evidence of discriminatory intent]

III. LEGAL CLAIMS

A. Violation of M.G.L. c. 151B (Massachusetts Fair Employment Practices Act)

[Company Short Name] violated M.G.L. c. 151B Section 4 by discriminating against our client based on [protected class]. Under Massachusetts law:

• Employers with 6 or more employees are covered by c. 151B
• Individual supervisors may be held personally liable under c. 151B Section 4(4A)
• No cap on compensatory or punitive damages under state law
• Prevailing plaintiffs entitled to attorney's fees under c. 151B Section 9

See Lipchitz v. Raytheon Co., 434 Mass. 493 (2001); College-Town, Div. of Interco, Inc. v. MCAD, 400 Mass. 156 (1987).

B. Violation of Title VII (If Applicable)

[Company Short Name] violated Title VII of the Civil Rights Act of 1964 by discriminating against our client based on [race/color/religion/sex/national origin].

Title VII Damages:
- Back pay and front pay
- Compensatory damages (capped based on employer size)
- Punitive damages (if malice or reckless indifference shown)
- Attorney's fees and costs

C. Violation of ADEA (If Age Discrimination)

[Company Short Name] violated the Age Discrimination in Employment Act by discriminating against our client based on age (40+).

D. Violation of ADA (If Disability Discrimination)

[Company Short Name] violated the Americans with Disabilities Act by:
[ ] Discriminating based on disability
[ ] Failing to provide reasonable accommodation
[ ] Retaliating for requesting accommodation

E. Retaliation (M.G.L. c. 151B Section 4(4) and Title VII Section 704)

[Company Short Name] retaliated against our client for:
[ ] Filing an internal complaint of discrimination
[ ] Filing an MCAD/EEOC charge
[ ] Participating in an investigation
[ ] Opposing discriminatory practices

IV. DAMAGES

A. Economic Damages

1. Back Pay

2. Lost Benefits

3. Front Pay

B. Compensatory Damages (Non-Economic)

Our client has suffered significant emotional distress, including:
- [Describe anxiety, depression, humiliation, loss of self-esteem]
- [Describe impact on personal relationships and daily life]
- [Describe medical or psychological treatment sought]

Emotional distress damages: $[Amount]

C. Punitive Damages

[Company Short Name]'s conduct was willful, malicious, and in reckless disregard of our client's rights, warranting punitive damages.

Note: Massachusetts c. 151B allows punitive damages without statutory cap for willful violations. See Haddad v. Wal-Mart Stores, Inc., 455 Mass. 91 (2009).

D. Attorney's Fees and Costs

Under M.G.L. c. 151B Section 9 and 42 U.S.C. Section 2000e-5(k), prevailing plaintiffs are entitled to reasonable attorney's fees.

Estimated fees through trial: $[Amount]

E. Summary of Damages

V. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.

Additional Terms:
[ ] Neutral reference
[ ] Expungement of personnel file
[ ] Non-disparagement agreement (mutual)
[ ] Confidentiality provisions
[ ] No contest to unemployment benefits
[ ] [Other terms as applicable]

VI. RESPONSE DEADLINE

Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].

If we do not receive a satisfactory response, our client will pursue all available remedies, including:

1. Filing a complaint with the Massachusetts Commission Against Discrimination
2. Filing suit in Massachusetts Superior Court
3. Filing suit in the United States District Court for the District of Massachusetts

Anticipated Claims:
1. Discrimination in violation of M.G.L. c. 151B
2. Retaliation in violation of M.G.L. c. 151B
3. Discrimination in violation of Title VII/ADEA/ADA
4. Retaliation in violation of federal law

VII. DOCUMENT PRESERVATION

[Company Short Name] must immediately implement a litigation hold and preserve all documents and electronically stored information (ESI) relevant to our client's claims, including but not limited to:

• Personnel files and performance evaluations
• All communications regarding our client
• Policies and procedures (discrimination, harassment, accommodation)
• Complaints by or about our client
• Comparator employee files
• Investigation records
• Training records

Spoliation of evidence will result in adverse inference instructions and potential sanctions.

VIII. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Massachusetts Rule of Evidence 408 and Federal Rule of Evidence 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Massachusetts BBO No.]

Enclosures:
[ ] Authorization to Represent
[ ] MCAD Charge (if filed)
[ ] EEOC Charge (if filed)

cc: [Client Name] (via email)
[File]

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

Key Massachusetts Considerations

[ ] MCAD Filing Deadline: 300 days from discriminatory act - longer than EEOC's 180/300 day deadlines

[ ] No Damage Caps: Unlike federal law, Massachusetts has NO caps on compensatory or punitive damages under c. 151B

[ ] Individual Liability: Supervisors and managers can be held personally liable under c. 151B Section 4(4A)

[ ] Broader Protected Classes: Massachusetts protects more classes than federal law (gender identity, sexual orientation, marital status, genetic information)

[ ] Lower Employee Threshold: c. 151B covers employers with 6+ employees (vs. 15 for Title VII)

[ ] Aiding and Abetting Liability: Individuals who aid discrimination can be liable under c. 151B Section 4(5)

Administrative Process

[ ] MCAD Complaint: File within 300 days; MCAD will cross-file with EEOC
[ ] Right-to-Sue: After MCAD dismissal, plaintiff has 3 years to file in state court OR 90 days from right-to-sue letter for federal claims
[ ] Election of Remedies: Consider whether to proceed at MCAD or seek early right-to-sue for court action

Venue Options

• Massachusetts Superior Court: Unlimited jurisdiction; jury trial available
• Federal Court (D. Mass.): If federal claims or diversity jurisdiction
• MCAD: Administrative hearing before commissioner

Statute of Limitations Reference