EMPLOYMENT DISCRIMINATION DEMAND LETTER
North Dakota Law
North Dakota Human Rights Act, N.D.C.C. Chapter 14-02.4
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, North Dakota ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[North Dakota Bar ID]
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]
ND Dept. of Labor Charge No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - N.D.R.EV. 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").
I. LEGAL FRAMEWORK
A. North Dakota Human Rights Act
North Dakota prohibits employment discrimination under N.D.C.C. Chapter 14-02.4.
Protected Classes Under N.D.C.C. Section 14-02.4-03:
- Race
- Color
- Religion
- Sex
- National origin
- Age (40+)
- Physical or mental disability
- Status with respect to marriage or public assistance
- Participation in lawful activity off employer's premises during nonwork hours
B. 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. |
C. Administrative Enforcement
Filing Requirements:
- Must file with ND Department of Labor and Human Rights within 300 days
- Work-sharing agreement with EEOC
- May request right-to-sue for court action
II. FACTUAL BACKGROUND
[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], North Dakota.
III. LEGAL CLAIMS
A. Violation of North Dakota Human Rights Act
[Company Short Name] violated N.D.C.C. Section 14-02.4-03 by discriminating against our client based on [protected class].
Key Provisions:
- Applies to employers with 1+ employees
- Off-duty lawful conduct protected (unique provision)
- Public assistance status protected
IV. DAMAGES
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Compensatory 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.
VI. RESPONSE DEADLINE
Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[North Dakota Bar ID]
NORTH DAKOTA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key North Dakota Considerations
[ ] Low Employee Threshold: Applies to employers with just 1+ employees
[ ] Off-Duty Conduct Protected: Unique protection for lawful activity off premises during nonwork hours
[ ] Public Assistance Status: Protected class under state law
[ ] Administrative Exhaustion: Required before court action
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| ND Dept. Charge | 300 days | N.D.C.C. Section 14-02.4-19 |
| Court Action | 90 days after right-to-sue | N.D.C.C. Section 14-02.4-21 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |