EMPLOYMENT DISCRIMINATION DEMAND LETTER

New York Law

New York Human Rights Law, N.Y. Exec. Law Section 290 et seq.

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, New York ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New York Attorney Registration No.]

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]
NYSDHR Complaint No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - CPLR 4547

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 New York Human Rights Law, which provides among the strongest anti-discrimination protections in the nation.

I. LEGAL FRAMEWORK

A. New York Human Rights Law (NYHRL)

New York prohibits employment discrimination under the New York Human Rights Law, N.Y. Exec. Law Section 290 et seq.

Protected Classes Under NYHRL (Exec. Law Section 296):
- Age (18 and over)
- Race
- Creed/Religion
- Color
- National origin
- Sexual orientation
- Gender identity or expression
- Military status
- Sex (including pregnancy, childbirth)
- Disability
- Predisposing genetic characteristics
- Familial status
- Marital status
- Domestic violence victim status
- Prior arrest or conviction record
- Citizenship or immigration status

B. New York City Human Rights Law (NYCHRL) - If Applicable

For employment in New York City, the NYCHRL (N.Y.C. Admin. Code Section 8-107) provides even broader protections and is construed independently and more liberally than state and federal law.

C. Federal Anti-Discrimination Laws

D. New York State Division of Human Rights (NYSDHR)

Filing Options:
- May file with NYSDHR within 1 year (3 years for sexual harassment)
- May file directly in state court within 3 years (no exhaustion required)
- Election of remedies: Filing with NYSDHR waives right to court action (except sexual harassment)

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 York.

Employment Summary:

B. Protected Class Status

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

[ ] Race/Color: [Specify]
[ ] National Origin: [Specify]
[ ] Sex/Gender: [Specify]
[ ] Gender Identity/Expression: [Specify]
[ ] Sexual Orientation: [Specify]
[ ] Religion/Creed: [Specify]
[ ] Age: [Age]
[ ] Disability: [Describe]
[ ] Pregnancy: [Specify]
[ ] Marital/Familial Status: [Specify]
[ ] Military Status: [Specify]
[ ] Domestic Violence Victim Status: [Specify]
[ ] Prior Arrest/Conviction Record: [Specify]

C. Discriminatory Conduct

[Describe discriminatory conduct and specific incidents]

III. LEGAL CLAIMS

A. Violation of New York Human Rights Law (Exec. Law Section 296)

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

Key NYHRL Provisions:
- Applies to ALL employers regardless of size (as amended in 2019)
- No administrative exhaustion required for court action
- No caps on compensatory or punitive damages
- Individual liability for aiding and abetting
- Attorney's fees to prevailing plaintiff

B. Violation of New York City Human Rights Law (If Applicable)

[If in NYC:] [Company Short Name] also violated the NYCHRL, which must be construed "broadly in favor of discrimination plaintiffs." See Williams v. N.Y.C. Housing Auth., 61 A.D.3d 62 (1st Dep't 2009).

IV. DAMAGES

A. Economic Damages

B. Compensatory Damages

Note: New York has NO CAPS on compensatory or emotional distress damages.

C. Punitive Damages

Punitive damages available for willful, wanton, or malicious conduct without statutory cap.

D. Civil Penalties (NYCHRL)

Under NYCHRL, civil penalties up to $250,000 may be imposed for willful violations.

E. Attorney's Fees

Under Exec. Law Section 297(10) and NYCHRL Section 8-502(g), prevailing plaintiffs are entitled to reasonable attorney's fees.

F. 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 Supreme Court of the State of New York, [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 CPLR 4547.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[New York Attorney Registration No.]

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

Key New York Considerations

[ ] No Administrative Exhaustion: Can file directly in state court; BUT beware election of remedies if filing with NYSDHR

[ ] All Employers Covered: NYHRL applies to all employers regardless of size (amended 2019)

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

[ ] Election of Remedies Warning: Filing with NYSDHR generally waives right to court action (except sexual harassment)

[ ] 3-Year SOL: Longer than many states for court action

[ ] NYCHRL Separate Analysis: NYC claims analyzed separately and more liberally

[ ] Individual Liability: Supervisors can be liable for aiding and abetting

Venue Options

• New York Supreme Court: State trial court
• U.S. District Court for SDNY, EDNY, NDNY, or WDNY: Federal venue options

Statute of Limitations Reference