EMPLOYMENT DISCRIMINATION DEMAND LETTER
Michigan Law
Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Michigan ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Michigan State Bar No. P]
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]
MDCR Charge No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - MRE 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 Michigan and federal anti-discrimination laws and exposes it to substantial liability.
I. LEGAL FRAMEWORK
A. Michigan Elliott-Larsen Civil Rights Act (ELCRA)
Michigan provides comprehensive protections against employment discrimination under the Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq. The statute prohibits discrimination based on:
Protected Classes Under ELCRA (MCL 37.2202):
- Religion
- Race
- Color
- National origin
- Age
- Sex
- Sexual orientation (added 2023)
- Gender identity or expression (added 2023)
- Height
- Weight
- Familial status
- Marital status
B. Persons with Disabilities Civil Rights Act (PWDCRA)
MCL 37.1101 et seq. provides additional protections for individuals with disabilities, including requirements for reasonable accommodation.
C. Federal Anti-Discrimination Laws
| Statute | Protected Class | Citation |
|---|---|---|
| Title VII | Race, color, religion, sex, national origin | 42 U.S.C. Section 2000e et seq. |
| ADEA | Age (40+) | 29 U.S.C. Section 621 et seq. |
| ADA | Disability | 42 U.S.C. Section 12101 et seq. |
| GINA | Genetic information | 42 U.S.C. Section 2000ff et seq. |
D. Michigan Department of Civil Rights (MDCR)
The MDCR enforces state civil rights laws and has a work-sharing agreement with the EEOC.
Important: Unlike many states, Michigan does not require administrative exhaustion for ELCRA claims. Plaintiffs may file directly in court without first filing with MDCR.
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], Michigan.
Employment Summary:
| Category | Details |
|---|---|
| Start Date | [Date] |
| Final Position | [Title] |
| Final Salary | $[Amount] per [year/hour] |
| Supervisor | [Name, Title] |
| Work Location | [Address] |
| Employment Status | [Terminated / Constructively Discharged / Still Employed] |
B. Protected Class Status
Our client is a member of the following protected class(es):
[ ] Race/Color: [Specify]
[ ] National Origin: [Specify]
[ ] Sex/Gender: [Specify]
[ ] Sexual Orientation: [Specify]
[ ] Gender Identity: [Specify]
[ ] Religion: [Specify]
[ ] Age: [Age, if applicable]
[ ] Disability: [Describe disability and any accommodation requests]
[ ] Height: [If relevant to claim]
[ ] Weight: [If relevant to claim]
[ ] Marital Status: [Specify]
[ ] Familial Status: [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:
- On or about [Date]: [Describe incident]
- On or about [Date]: [Describe incident]
- On or about [Date]: [Describe incident]
D. Comparator Evidence
Similarly situated employees outside our client's protected class were treated more favorably:
| Comparator | Protected Class Status | Similar Conduct/Qualifications | Treatment |
|---|---|---|---|
| [Name/Description] | [Status] | [Conduct] | [Favorable treatment] |
| [Name/Description] | [Status] | [Conduct] | [Favorable treatment] |
III. LEGAL CLAIMS
A. Violation of Elliott-Larsen Civil Rights Act (MCL 37.2202)
[Company Short Name] violated ELCRA by discriminating against our client based on [protected class].
Key ELCRA Provisions:
- Applies to all employers (no minimum employee threshold)
- No administrative exhaustion required
- 3-year statute of limitations
- No caps on compensatory or punitive damages
- Attorney's fees available
See Radtke v. Everett, 442 Mich. 368 (1993); Chambers v. Trettco, Inc., 463 Mich. 297 (2000).
B. Violation of PWDCRA (MCL 37.1202) (If Disability Claim)
[Company Short Name] violated the Persons with Disabilities Civil Rights Act by:
[ ] Discriminating based on disability
[ ] Failing to provide reasonable accommodation
[ ] Retaliating for requesting accommodation
C. 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].
D. 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+).
E. Retaliation (ELCRA Section 701 and Title VII)
[Company Short Name] retaliated against our client for:
[ ] Opposing discriminatory practices
[ ] Filing an internal complaint
[ ] Filing a charge with MDCR or EEOC
[ ] Participating in an investigation
IV. DAMAGES
A. Economic Damages
1. Back Pay
| Category | Calculation | Amount |
|---|---|---|
| Lost base salary | $[Annual] x [months] / 12 | $[Amount] |
| Lost overtime | [Calculation] | $[Amount] |
| Lost bonuses | [Calculation] | $[Amount] |
| Subtotal | $[Amount] |
2. Lost Benefits
| Benefit | Monthly Value | Months | Amount |
|---|---|---|---|
| Health insurance | $[Amount] | [X] | $[Amount] |
| 401(k)/retirement | $[Amount] | [X] | $[Amount] |
| Other benefits | $[Amount] | [X] | $[Amount] |
| Subtotal | $[Amount] |
3. Front Pay
| Category | Calculation | Amount |
|---|---|---|
| Future lost wages | [X years] x $[salary] | $[Amount] |
| Future lost benefits | [Calculation] | $[Amount] |
| Subtotal | $[Amount] |
B. Compensatory Damages (Non-Economic)
Our client has suffered significant emotional distress, including:
- [Describe anxiety, depression, humiliation]
- [Describe impact on personal relationships]
- [Describe medical treatment sought]
Emotional distress damages: $[Amount]
C. Punitive Damages
[Company Short Name]'s conduct was willful and in reckless disregard of our client's rights, warranting punitive damages.
Note: Michigan ELCRA has no statutory cap on punitive damages.
D. Attorney's Fees
Under MCL 37.2802, prevailing plaintiffs are entitled to reasonable attorney's fees and costs.
Estimated fees through trial: $[Amount]
E. Summary of Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Front Pay | $[Amount] |
| Emotional Distress | $[Amount] |
| Punitive Damages | $[Amount] |
| Attorney's Fees | $[Amount] |
| TOTAL | $[Amount] |
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
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 file suit in:
[ ] Michigan Circuit Court, [County] County
[ ] United States District Court for the [Eastern/Western] District of Michigan
Anticipated Claims:
1. Discrimination in violation of ELCRA (MCL 37.2202)
2. Retaliation in violation of ELCRA (MCL 37.2701)
3. Discrimination in violation of PWDCRA (if applicable)
4. Discrimination in violation of Title VII/ADEA/ADA
VII. DOCUMENT PRESERVATION
[Company Short Name] must immediately implement a litigation hold and preserve all relevant documents and ESI, including:
- Personnel files and performance evaluations
- Communications regarding our client
- Discrimination and harassment policies
- Comparator employee files
- Investigation records
- Training records
VIII. CONFIDENTIALITY
This letter is a confidential settlement communication protected by Michigan Rule of Evidence 408 and Federal Rule of Evidence 408.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Michigan State Bar No. P]
Enclosures:
[ ] Authorization to Represent
cc: [Client Name] (via email)
MICHIGAN-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Michigan Considerations
[ ] No Administrative Exhaustion: Can file ELCRA claims directly in court without MDCR complaint
[ ] Unique Protected Classes: Michigan protects height and weight - only state with explicit statutory protection
[ ] Sexual Orientation/Gender Identity: Added to ELCRA in 2023 following Rouch World, LLC v. Department of Civil Rights, 510 Mich. 398 (2022)
[ ] No Damage Caps: Michigan has no statutory caps on compensatory or punitive damages
[ ] No Minimum Employee Threshold: ELCRA applies to all employers regardless of size
[ ] 3-Year SOL: Longer than federal 180/300 day EEOC deadline
Venue Options
- Michigan Circuit Court: Primary venue for state claims
- Federal Court: Eastern District (Detroit) or Western District (Grand Rapids)
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| ELCRA | 3 years | MCL 600.5805(2) |
| PWDCRA | 3 years | MCL 600.5805(2) |
| MDCR Complaint | 180 days | MCL 37.2801 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |