Employment Discrimination Demand Letter - New Jersey

EMPLOYMENT DISCRIMINATION DEMAND LETTER

New Jersey Law

New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, New Jersey ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New Jersey Attorney 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]
DCR Complaint No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - N.J.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 the New Jersey Law Against Discrimination (LAD), one of the strongest anti-discrimination statutes in the nation.

I. LEGAL FRAMEWORK

A. New Jersey Law Against Discrimination (LAD)

New Jersey provides the most comprehensive anti-discrimination protections in the nation under the LAD, N.J.S.A. 10:5-1 et seq.

Protected Classes Under LAD (N.J.S.A. 10:5-12):

• Race, creed, color
• National origin, ancestry, nationality
• Sex (including pregnancy, childbirth, breastfeeding)
• Gender identity or expression
• Affectional or sexual orientation
• Disability (physical or mental)
• Genetic information
• Atypical hereditary cellular or blood trait
• Liability for military service
• Marital status
• Civil union/domestic partnership status
• Age (18 and over - no upper limit)

B. Federal Anti-Discrimination Laws

C. New Jersey Division on Civil Rights (DCR)

Important: Administrative exhaustion is NOT required under the LAD. Plaintiffs may file directly in Superior Court without first filing with DCR.

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], New Jersey.

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/Expression: [Specify]
[ ] Sexual Orientation: [Specify]
[ ] Religion/Creed: [Specify]
[ ] Age: [Age]
[ ] Disability: [Describe]
[ ] Pregnancy/Breastfeeding: [Specify]
[ ] Marital/Domestic Partnership Status: [Specify]
[ ] Military Liability: [Specify]

C. Discriminatory Conduct

[Describe discriminatory conduct and specific incidents]

III. LEGAL CLAIMS

A. Violation of New Jersey Law Against Discrimination

[Company Short Name] violated the LAD by discriminating against our client based on [protected class].

Key LAD Provisions:

• Applies to ALL employers regardless of size
• No administrative exhaustion required
• No caps on compensatory, emotional distress, or punitive damages
• Individual supervisor liability available
• Attorney's fees to prevailing plaintiff

See Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587 (1993); Taylor v. Metzger, 152 N.J. 490 (1998).

B. Individual Liability

Under the LAD, supervisors and managers who aid or abet discrimination can be held personally liable for damages. See Tarr v. Ciasulli, 181 N.J. 70 (2004).

IV. DAMAGES

A. Economic Damages

B. Compensatory Damages

Note: New Jersey has NO CAPS on compensatory or emotional distress damages under the LAD.

Emotional distress damages: $[Amount]

C. Punitive Damages

New Jersey allows punitive damages without statutory cap for willful, wanton, or reckless conduct.

D. Attorney's Fees

Under N.J.S.A. 10:5-27.1, prevailing plaintiffs are entitled to reasonable attorney's fees and costs.

E. Summary of Damages

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].

If we do not receive a satisfactory response, our client will file suit in the Superior Court of New Jersey, [County] County without further notice.

VII. DOCUMENT PRESERVATION

Immediately implement a litigation hold to preserve all relevant documents and ESI.

VIII. CONFIDENTIALITY

This letter is a confidential settlement communication protected by N.J.R.E. 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[New Jersey Attorney ID]

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

Key New Jersey Considerations

[ ] No Administrative Exhaustion: May file directly in court

[ ] Strongest State Protections: LAD is considered most protective state civil rights law in nation

[ ] No Employee Threshold: LAD applies to ALL employers regardless of size

[ ] No Damage Caps: No limits on compensatory, emotional distress, or punitive damages

[ ] Individual Liability: Supervisors can be personally liable under "aiding and abetting" theory

[ ] Broad Protected Classes: Most extensive list of protected classes among all states

[ ] Age Protection from 18: No minimum or maximum age for protection (vs. federal 40+)

Venue Options

• New Jersey Superior Court, Law Division: Primary venue for LAD claims
• U.S. District Court for the District of New Jersey (Camden, Newark, Trenton)

Statute of Limitations Reference