RETALIATION DEMAND LETTER

Iowa Civil Rights Act and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Iowa ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Iowa Supreme Court Attorney 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]
Iowa Civil Rights Commission Complaint No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO IOWA R. EVID. 5.408

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 Iowa 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. IOWA-SPECIFIC LEGAL FRAMEWORK

A. Iowa Civil Rights Act (ICRA)

Iowa Code Section 216.1 et seq. provides comprehensive anti-discrimination and anti-retaliation protections.

Anti-Retaliation Provision: Iowa Code Section 216.11(2) makes it an unfair or discriminatory practice to:
- Retaliate or discriminate against any person because such person has opposed any practice or act forbidden under ICRA
- Retaliate or discriminate against any person because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under ICRA

Protected Classes: Age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability, pregnancy, familial status.

Administrative Exhaustion: A complaint must be filed with the Iowa Civil Rights Commission (ICRC) within 300 days of the alleged violation. Iowa Code Section 216.15(2). After 60 days, the complainant may request a right-to-sue notice.

Remedies under ICRA:
- 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)
- Injunctive relief

B. Iowa Whistleblower Protection (Public Employees)

Iowa Code Section 70A.28 provides whistleblower protections for state employees.

Protected Activity:
- Disclosing information the employee reasonably believes evidences a violation of law or rule, mismanagement, gross abuse of funds, abuse of authority, or substantial danger to public health or safety
- Participating in investigation or testimony

Coverage: State employees (public sector only).

Remedies:
- Disciplinary action reversal
- Back pay
- Reinstatement

Statute of Limitations: Internal complaint within 30 days; appeal to PERB within 30 days.

C. Common Law Wrongful Discharge

Iowa recognizes the tort of wrongful discharge in violation of a clearly defined public policy.

See Springer v. Weeks & Leo Co., 429 N.W.2d 558 (Iowa 1988) (recognizing public policy exception).

Key Principles:
Iowa courts recognize wrongful discharge when:
- The employee was discharged for performing a legal duty or exercising a legal right
- The discharge violates a well-recognized public policy

Statute of Limitations: Two (2) years. Iowa Code Section 614.1(2).

D. Workers' Compensation Retaliation

Iowa Code Section 85.18 prohibits retaliation against employees who file workers' compensation claims.

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 (ICRA)
- [ ] Complained internally about discrimination based on [race / color / creed / religion / sex / sexual orientation / gender identity / national origin / age / disability / pregnancy / familial status]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance

Participation in ICRA Proceedings
- [ ] Filed a complaint with the Iowa Civil Rights Commission
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in an investigation
- [ ] Testified or assisted in any ICRA proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Public Employee Whistleblowing - Iowa Code Section 70A.28
- [ ] Disclosed violation of law or rule
- [ ] Disclosed mismanagement or gross abuse of funds
- [ ] Disclosed abuse of authority
- [ ] Disclosed danger to public health or safety
- [ ] Participated in investigation or testimony

Exercise of Other Statutory Rights
- [ ] Filed a workers' compensation claim
- [ ] Requested FMLA 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. Iowa courts recognize that close temporal proximity between protected activity and adverse action supports an inference of causation. See Teachout v. Forest City Cmty. Sch. Dist., 584 N.W.2d 296 (Iowa 1998).

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. Iowa Civil Rights Act - Retaliation

Iowa Code Section 216.11(2)

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

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

B. Iowa Whistleblower Protection (Public Employees)

Iowa Code Section 70A.28

If our client is a state employee who disclosed violations of law, mismanagement, or danger to public safety, [Government Agency] has violated Iowa's whistleblower protections.

C. Wrongful Discharge in Violation of Public Policy

Our client's discharge was wrongful under Iowa 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 Iowa statute, regulation, or constitutional provision].

See Springer v. Weeks & Leo Co., 429 N.W.2d 558 (Iowa 1988).

D. Federal Claims (If Applicable)

[Include if federal claims are being asserted alongside Iowa 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

Iowa 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 Iowa law, punitive damages are available where the employer's conduct was willful, wanton, or demonstrated reckless disregard for the employee's rights.

Note: Iowa does not cap punitive damages in ICRA cases.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Iowa law mandates attorney's fees for prevailing employees in ICRA retaliation cases. Iowa Code Section 216.15(9)(a)(8).

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

F. 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:
- ICRC filing deadline (300 days): [Date]
- EEOC filing deadline (300 days): [Date]
- Common law wrongful discharge (2 years): [Date]

If we do not receive a satisfactory response, we will file suit in [Iowa District Court, [County] County] asserting:

1. Retaliation in violation of the Iowa Civil Rights Act, Iowa Code Section 216.11(2)
2. Wrongful discharge in violation of public policy
3. [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 Iowa law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Iowa Rule of Evidence 5.408 and applicable state 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:
- [ ] Iowa Civil Rights Commission Complaint (if applicable)
- [ ] EEOC Charge of Discrimination (if applicable)
- [ ] Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

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

IOWA-SPECIFIC PRACTICE NOTES

Broad Protected Classes: Iowa's Civil Rights Act protects sexual orientation and gender identity, making it more protective than federal law and many other states.

No Damage Caps: Iowa does not cap compensatory or punitive damages in ICRA cases, making it a favorable jurisdiction for plaintiffs.

Mandatory Attorney's Fees: Prevailing employees are entitled to reasonable attorney's fees under Iowa Code Section 216.15(9)(a)(8).

300-Day Filing Deadline: Both the ICRC and EEOC have 300-day filing deadlines. File with ICRC to preserve state claims and cross-file with EEOC to preserve federal claims.

Early Right-to-Sue: After 60 days, complainants may request a right-to-sue notice from ICRC without waiting for investigation completion.

Public Employee Whistleblower Limitations: Iowa's whistleblower statute (Iowa Code Section 70A.28) only covers state employees and has a very short 30-day internal complaint deadline. Private sector employees must rely on ICRA or common law.

Worksharing Agreement: ICRC has a worksharing agreement with the EEOC. Filing with one agency may satisfy the filing requirement with both.

Iowa Supreme Court: Iowa has historically been receptive to employment discrimination and retaliation claims. The Iowa Supreme Court has interpreted ICRA broadly to effectuate its remedial purposes.