RETALIATION DEMAND LETTER

District of Columbia Human Rights Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, District of Columbia ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[DC Bar Number]

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]

Copy to:
[General Counsel]
[EPLI Carrier, if known]

Re: Unlawful Retaliation Against [Client Full Name]
DC Office of Human Rights Complaint No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") in connection with claims of unlawful retaliation against [Company Legal Name] ("[Company Short Name]" or "the Company"). Please direct all future communications regarding this matter to our office.

Our client engaged in legally protected activity by [briefly describe protected activity], and [Company Short Name] retaliated by [briefly describe adverse action]. This retaliation violates District of Columbia law and exposes the Company to substantial liability for compensatory damages, punitive damages, and attorney's fees.

We write to demand immediate resolution of this matter and to advise that we are prepared to file suit if a satisfactory response is not received.

I. DISTRICT OF COLUMBIA-SPECIFIC LEGAL FRAMEWORK

A. DC Human Rights Act (DCHRA)

D.C. Code Section 2-1401.01 et seq. provides among the nation's most comprehensive anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: D.C. Code Section 2-1402.61 makes it an unlawful discriminatory practice to:
- Coerce, threaten, retaliate against, or interfere with any person in the exercise or enjoyment of rights secured by the DCHRA
- Coerce, threaten, retaliate against, or interfere with any person who has opposed any practice made unlawful by the DCHRA
- Coerce, threaten, retaliate against, or interfere with any person who has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the DCHRA

Protected Classes (Extremely Broad): Race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, credit information, status as a victim of an intrafamily offense, place of residence or business, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, homeless status.

Filing Options: A complaint may be filed with the DC Office of Human Rights (OHR) or directly in DC Superior Court within one (1) year of the alleged violation. D.C. Code Section 2-1403.16(a).

Remedies under DCHRA:
- Reinstatement
- Back pay with interest
- Front pay
- Compensatory damages (no cap)
- Punitive damages (no cap)
- Reasonable attorney's fees and costs (mandatory for prevailing plaintiffs)
- Civil penalties up to $50,000 (first violation) or $100,000 (subsequent)
- Injunctive relief

B. DC Whistleblower Protection Act (Public Employees)

D.C. Code Section 1-615.51 et seq. provides whistleblower protections for DC government employees.

Protected Activity:
- Disclosing information believed to evidence gross mismanagement, waste of resources, abuse of authority, substantial danger to public health or safety, or a violation of law, rule, or regulation
- Refusing to comply with an illegal order

Remedies:
- Reinstatement
- Back pay with interest
- Restoration of benefits
- Compensatory damages
- Attorney's fees and costs

Statute of Limitations: One (1) year. D.C. Code Section 1-615.54.

C. DC False Claims Act - Whistleblower Protections

D.C. Code Section 2-381.04(c) protects employees who report fraud against the District government.

Protected Activity:
- Investigation, initiation, testimony, or assistance in an action filed under the DC False Claims Act
- Efforts to stop violations of the DC False Claims Act

Remedies:
- Reinstatement
- Double back pay with interest
- Compensation for special damages
- Reasonable attorney's fees and costs

D. DC Wage Transparency Act

D.C. Code Section 32-1451 et seq. prohibits retaliation against employees who discuss wages.

E. Common Law Wrongful Discharge

DC recognizes the tort of wrongful discharge in violation of public policy.

See Adams v. George W. Cochran & Co., 597 A.2d 28 (D.C. 1991).

Statute of Limitations: Three (3) years. D.C. Code Section 12-301.

II. NATURE OF THE PROTECTED ACTIVITY

Our client engaged in one or more forms of protected activity that triggered [Company Short Name]'s unlawful retaliation:

A. Type of Protected Activity

[Check all that apply]

Opposition to Discrimination/Harassment (DCHRA)
- [ ] Complained internally about discrimination based on [race / color / religion / sex / sexual orientation / gender identity / national origin / age / disability / marital status / personal appearance / family responsibilities / political affiliation / matriculation / credit information / homeless status / other protected trait]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance

Participation in DCHRA Proceedings
- [ ] Filed a complaint with the DC Office of Human Rights
- [ ] Filed a complaint in DC Superior Court
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in an investigation
- [ ] Testified or assisted in any DCHRA proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Whistleblowing (Public Employees)
- [ ] Disclosed gross mismanagement
- [ ] Disclosed waste of resources
- [ ] Disclosed abuse of authority
- [ ] Disclosed danger to public health or safety
- [ ] Disclosed violation of law or regulation
- [ ] Refused to comply with an illegal order

False Claims Act Whistleblowing
- [ ] Reported fraud against the District government
- [ ] Assisted in an investigation of fraud
- [ ] Testified in a False Claims Act proceeding

Wage Discussion/Transparency
- [ ] Discussed wages with coworkers
- [ ] Inquired about another employee's wages
- [ ] Disclosed own wages

Exercise of Other Statutory Rights
- [ ] Filed a workers' compensation claim
- [ ] Requested FMLA or DC Paid Family Leave
- [ ] Complained about wage violations
- [ ] Engaged in concerted activity protected by the NLRA
- [ ] [Other: describe]

B. Timeline of Protected Activity

C. Detailed Narrative

On [Date], our client [describe the protected activity in detail]:

[Provide comprehensive narrative including:
- What our client observed, learned, or experienced that prompted the protected activity
- The specific concerns raised or actions taken
- To whom the concerns were raised (names, titles)
- The manner of reporting (verbal, written, formal complaint)
- Any response received from management or HR
- Any instructions given to our client regarding the matter
- Any witnesses to the protected activity]

Our client's [complaint / report / testimony / action] was made in good faith and based on a reasonable belief that [the conduct complained of was unlawful / the information reported was accurate / the activity opposed was illegal].

III. THE RETALIATORY CONDUCT

A. Adverse Employment Actions

Following our client's protected activity, [Company Short Name] subjected [him/her/them] to the following retaliatory adverse employment actions:

[Check all applicable actions and provide details]

Termination/Constructive Discharge
- [ ] Our client was terminated on [Date]
- [ ] Our client was forced to resign due to intolerable conditions on [Date]

Demotion/Reassignment
- [ ] Demoted from [Former Position] to [New Position] on [Date]
- [ ] Reassigned to less desirable duties/location/shift on [Date]
- [ ] Stripped of [responsibilities / authority / direct reports] on [Date]

Compensation Reductions
- [ ] Salary reduced from $[Amount] to $[Amount] on [Date]
- [ ] Bonus denied or reduced on [Date]
- [ ] Hours reduced from [X] to [X] per week on [Date]

Performance/Discipline
- [ ] Received negative performance review on [Date] (previously had positive reviews)
- [ ] Placed on performance improvement plan (PIP) on [Date]
- [ ] Received written warning on [Date] for [pretextual reason]
- [ ] Suspended [with/without] pay from [Date] to [Date]

Hostile Treatment/Exclusion
- [ ] Excluded from meetings, communications, or decisions
- [ ] Subjected to increased scrutiny and micromanagement
- [ ] Isolated from coworkers or ostracized
- [ ] Given impossible tasks or set up to fail

Other Adverse Actions
- [ ] Denied promotion to [Position] on [Date]
- [ ] Negative reference provided to prospective employer
- [ ] [Other: describe]

B. Timeline of Retaliation

C. Evidence of Causal Connection

The causal connection between our client's protected activity and the adverse actions is demonstrated by:

1. Temporal Proximity

The adverse actions began just [X days/weeks] after our client's protected activity. DC courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation.

2. Knowledge

The decision-makers who took adverse action against our client had knowledge of [his/her/their] protected activity.

3. Pattern of Antagonism

Following the protected activity, our client experienced a sudden shift in treatment from positive to hostile.

4. Pretext

The reasons offered by [Company Short Name] for the adverse actions are pretextual.

IV. LEGAL CLAIMS

A. DC Human Rights Act - Retaliation

D.C. Code Section 2-1402.61

DCHRA prohibits retaliation against employees who oppose discriminatory practices or participate in DCHRA proceedings.

Our client [opposed discrimination / filed a complaint / testified / participated in an investigation] and suffered retaliation as a result.

B. DC Whistleblower Protection Act (Public Employees)

D.C. Code Section 1-615.52

If our client is a DC government employee who disclosed information about gross mismanagement, waste, abuse of authority, or violations of law, [Company Short Name/Agency] has violated the DC Whistleblower Protection Act.

C. DC False Claims Act - Retaliation

D.C. Code Section 2-381.04(c)

If our client was retaliated against for reporting fraud against the District government, [Company Short Name] has violated the DC False Claims Act's anti-retaliation provisions.

D. Wrongful Discharge in Violation of Public Policy

Our client's discharge was wrongful under DC common law because:

[Select applicable theory]

• [ ] Refusal Theory: Our client was discharged in retaliation for refusing to violate a law or legal duty by [describe refusal].

• [ ] Reporting Theory: Our client was discharged in retaliation for reporting illegal conduct, specifically [describe violation reported].

• [ ] Exercise of Rights: Our client was discharged for exercising a statutory right, specifically [describe right exercised].

The public policy at issue is established by [cite specific DC statute, regulation, or constitutional provision].

See Adams v. George W. Cochran & Co., 597 A.2d 28 (D.C. 1991).

E. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside DC claims]

• [ ] Title VII Anti-Retaliation, 42 U.S.C. Section 2000e-3(a)
• [ ] 42 U.S.C. Section 1981 (Race-Based Retaliation)
• [ ] ADA Anti-Retaliation, 42 U.S.C. Section 12203
• [ ] ADEA Anti-Retaliation, 29 U.S.C. Section 623(d)
• [ ] FLSA Anti-Retaliation, 29 U.S.C. Section 215(a)(3)

V. DAMAGES

A. Economic Damages

1. Lost Wages (Back Pay)

2. Lost Benefits

3. Front Pay

B. Compensatory Damages

DC law allows unlimited recovery of compensatory damages for emotional distress in retaliation cases:

• [Describe emotional impact]
• [Describe physical manifestations]
• [Describe impact on daily life]

Compensatory damages: $[Amount]

C. Punitive Damages

Under DC law, punitive damages are available where the employer's conduct was willful, wanton, malicious, or in reckless disregard of the employee's rights.

Note: DC does not cap punitive damages.

Punitive damages: $[Amount]

D. Civil Penalties

Under the DCHRA, civil penalties may be assessed:
- First violation: Up to $50,000
- Subsequent violations: Up to $100,000

Civil penalties: $[Amount]

E. Interest

Pre-judgment and post-judgment interest as provided by DC law.

F. Attorney's Fees and Costs

DC law mandates attorney's fees for prevailing employees in DCHRA retaliation cases. D.C. Code Section 2-1403.16(c).

Estimated fees through trial: $[Amount]
Estimated costs: $[Amount]

G. Summary of Damages

VI. SETTLEMENT DEMAND

Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] in full and final settlement of all claims arising from the unlawful retaliation against our client.

Settlement Terms

In addition to the monetary payment, settlement must include:

• [ ] Neutral Reference: [Company Short Name] will provide only dates of employment and final position
• [ ] Personnel File: Expungement of all documents related to the pretextual discipline and termination
• [ ] Non-Disparagement: Mutual non-disparagement provisions
• [ ] Confidentiality: Subject to negotiation
• [ ] Unemployment: [Company Short Name] will not contest unemployment benefits

VII. RESPONSE DEADLINE

Please respond to this demand in writing within fourteen (14) calendar days of receipt, no later than [Response Deadline Date].

Critical Deadlines:
- DCHRA/OHR filing deadline (1 year): [Date]
- EEOC filing deadline (300 days): [Date]
- Public employee whistleblower (1 year): [Date]
- Common law wrongful discharge (3 years): [Date]

If we do not receive a satisfactory response, we will file suit in [DC Superior Court] asserting:

1. Retaliation in violation of the DC Human Rights Act, D.C. Code Section 2-1402.61
2. Whistleblower retaliation [if applicable]
3. Wrongful discharge in violation of public policy
4. [Additional claims as applicable]

VIII. DOCUMENT PRESERVATION

This letter constitutes formal notice of litigation. [Company Short Name] must immediately implement a litigation hold to preserve all documents and ESI relevant to our client's employment, the protected activity, and all adverse actions.

Spoliation of evidence may result in sanctions and adverse inferences under DC law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication and applicable DC law.

We are prepared to discuss resolution of this matter at your earliest convenience. Please contact me to arrange a settlement conference.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

[Attorney Signature Block]

Enclosures:
- [ ] DC Office of Human Rights Complaint (if applicable)
- [ ] EEOC Charge of Discrimination (if applicable)
- [ ] Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

cc: [Client Name] (via email)
[File]

DISTRICT OF COLUMBIA-SPECIFIC PRACTICE NOTES

Exceptionally Broad Protections: The DC Human Rights Act provides among the nation's broadest protected classes, including personal appearance, political affiliation, matriculation, credit information, and homeless status.

No Damage Caps: DC does not cap compensatory or punitive damages in DCHRA cases, making it one of the most favorable jurisdictions for employment discrimination and retaliation claims.

Direct Court Filing: DCHRA allows complaints to be filed directly in DC Superior Court without first exhausting administrative remedies at the Office of Human Rights.

1-Year Filing Deadline: The DCHRA has a one-year statute of limitations, which is longer than the EEOC's 300-day deadline but still requires timely action.

Mandatory Attorney's Fees: Prevailing employees are entitled to reasonable attorney's fees under D.C. Code Section 2-1403.16(c).

Civil Penalties: In addition to damages, the DCHRA allows for civil penalties of up to $50,000 for first violations and $100,000 for subsequent violations.

Federal Government Employees: Note that federal employees working in DC may have different remedies and procedures under federal law. Consider whether the employee is covered by DCHRA or federal employment laws.

Worksharing Agreement: The DC Office of Human Rights has a worksharing agreement with the EEOC. Filing with one agency may satisfy the filing requirement with both.