EMPLOYMENT DISCRIMINATION DEMAND LETTER
Oregon Law
Oregon Fair Employment Practices Act, ORS Chapter 659A
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Oregon ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Oregon State Bar 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]
BOLI Complaint No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - OEC 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. Oregon Fair Employment Practices Act
Oregon provides comprehensive protections under ORS Chapter 659A.
Protected Classes Under ORS 659A.030:
- Race
- Color
- Religion
- Sex
- Sexual orientation
- Gender identity
- National origin
- Marital status
- Age (18+)
- Disability
- Family relationship (nepotism)
- Expunged juvenile record
- Injured worker status
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. Bureau of Labor and Industries (BOLI)
Filing Options:
- May file BOLI complaint within 1 year OR
- May file directly in court within 5 years
- No administrative exhaustion required
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], Oregon.
III. LEGAL CLAIMS
A. Violation of Oregon Fair Employment Practices Act
[Company Short Name] violated ORS 659A.030 by discriminating against our client based on [protected class].
Key Provisions:
- Applies to employers with 1+ employees
- No administrative exhaustion required
- 5-year statute of limitations for court action
- No caps on compensatory damages
- Sexual orientation and gender identity protected since 2007
IV. DAMAGES
Note: Oregon has NO CAPS on compensatory damages.
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Compensatory Damages | $[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.
VI. RESPONSE DEADLINE
Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Oregon State Bar No.]
OREGON-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Oregon Considerations
[ ] No Administrative Exhaustion: Can file directly in court
[ ] 5-Year SOL: One of the longest in the country for employment discrimination
[ ] 1-Employee Threshold: Applies to virtually all employers
[ ] No Damage Caps: No limits on compensatory damages
[ ] Broad Protected Classes: Includes sexual orientation, gender identity, injured worker status
[ ] Age Protection from 18: No minimum age threshold
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| Civil Action | 5 years | ORS 659A.875 |
| BOLI Complaint | 1 year | ORS 659A.820 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |