EMPLOYMENT DISCRIMINATION DEMAND LETTER
Washington Law
Washington Law Against Discrimination, RCW Chapter 49.60
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Washington ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Washington 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]
WSHRC Complaint No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - ER 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.
I. LEGAL FRAMEWORK
A. Washington Law Against Discrimination (WLAD)
Washington provides among the strongest anti-discrimination protections in the nation under RCW Chapter 49.60.
Protected Classes Under WLAD (RCW 49.60.030):
- Race
- Creed
- Color
- National origin
- Citizenship or immigration status
- Sex (including pregnancy)
- Sexual orientation
- Gender identity or expression
- Honorably discharged veteran or military status
- Presence of sensory, mental, or physical disability
- Use of trained service animal
- Age (40+)
- Marital 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. Washington State Human Rights Commission (WSHRC)
Important: Administrative exhaustion is NOT required under WLAD. Plaintiffs may file directly in court.
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], Washington.
III. LEGAL CLAIMS
A. Violation of Washington Law Against Discrimination
[Company Short Name] violated RCW 49.60.180 by discriminating against our client based on [protected class].
Key WLAD Provisions:
- Applies to employers with 8+ employees
- No administrative exhaustion required
- 3-year statute of limitations
- No caps on compensatory or punitive damages
- Citizenship/immigration status protected
See Marquis v. City of Spokane, 130 Wash. 2d 97 (1996).
IV. DAMAGES
Note: Washington has NO CAPS on compensatory or punitive damages under WLAD.
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Front Pay | $[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]
[Washington State Bar No.]
WASHINGTON-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Washington Considerations
[ ] No Administrative Exhaustion: Can file directly in Superior Court
[ ] No Damage Caps: No statutory limits on compensatory or punitive damages
[ ] Broad Protected Classes: Includes citizenship/immigration status, service animal use
[ ] 3-Year SOL: Longer than federal deadlines
[ ] SOGI Protected: Long-standing protections for sexual orientation and gender identity
Venue Options
- Washington Superior Court: State court venue
- U.S. District Court, Western District of Washington (Seattle, Tacoma)
- U.S. District Court, Eastern District of Washington (Spokane, Yakima, Richland)
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| WLAD Civil Action | 3 years | RCW 49.60.030(2) |
| WSHRC Complaint | 6 months | RCW 49.60.230 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |
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