EMPLOYMENT DISCRIMINATION DEMAND LETTER

Pennsylvania Law

Pennsylvania Human Relations Act, 43 P.S. Section 951 et seq.

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Pennsylvania ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Pennsylvania 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]
PHRC Complaint No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - PA. 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").

I. LEGAL FRAMEWORK

A. Pennsylvania Human Relations Act (PHRA)

Pennsylvania prohibits employment discrimination under the PHRA, 43 P.S. Section 951 et seq.

Protected Classes Under PHRA (Section 955):
- Race
- Color
- Religious creed
- Ancestry
- Age (40+)
- Sex (including pregnancy, childbirth)
- National origin
- Non-job related disability
- Use of guide or support animals
- Relationship with a disabled individual
- GED holder status (vs. high school diploma)

Note: PHRA does not expressly protect sexual orientation or gender identity, though some courts have interpreted "sex" to include such claims.

B. Federal Anti-Discrimination Laws

C. Pennsylvania Human Relations Commission (PHRC)

Administrative Exhaustion Required:
- Must file PHRC complaint within 180 days
- PHRC has work-sharing agreement with EEOC
- May pursue court action after PHRC dismissal or right-to-sue

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], Pennsylvania.

III. LEGAL CLAIMS

A. Violation of Pennsylvania Human Relations Act

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

Key Provisions:
- Applies to employers with 4+ employees
- Administrative exhaustion required
- No caps on compensatory damages
- Punitive damages capped at 25% of compensatory award

See Hoy v. Angelone, 554 Pa. 134 (1998).

IV. DAMAGES

A. Punitive Damages Cap

Under Hoy v. Angelone, punitive damages under PHRA are limited to 25% of the compensatory damages award.

B. 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].

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Pennsylvania Attorney ID]

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

Key Pennsylvania Considerations

[ ] Administrative Exhaustion: Required - must file with PHRC first

[ ] 180-Day Deadline: File PHRC complaint within 180 days

[ ] No Express SOGI Protection: PHRA does not expressly protect sexual orientation/gender identity (though interpretations vary)

[ ] Punitive Damages Cap: Limited to 25% of compensatory damages

[ ] GED Protection: Unique protection against discrimination based on GED vs. diploma

Venue Options

• Pennsylvania Court of Common Pleas: State court venue
• U.S. District Court, Eastern District of Pennsylvania (Philadelphia)
• U.S. District Court, Middle District of Pennsylvania (Harrisburg, Scranton)
• U.S. District Court, Western District of Pennsylvania (Pittsburgh)

Statute of Limitations Reference