RETALIATION DEMAND LETTER

Indiana Civil Rights Law and Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Indiana ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Indiana 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]
Indiana Civil Rights Commission Complaint No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO IND. R. EVID. 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 Indiana and federal 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. INDIANA-SPECIFIC LEGAL FRAMEWORK

A. Indiana Civil Rights Law (ICRL)

Ind. Code Section 22-9-1-1 et seq. provides anti-discrimination protections.

Anti-Retaliation Provision: Ind. Code Section 22-9-1-6(a) prohibits retaliation against any person because such person has:
- Opposed any practice forbidden by the ICRL
- Made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under the ICRL

Protected Classes: Race, religion, color, sex, disability, national origin, ancestry, veteran status.

Note: Indiana law does not protect sexual orientation or gender identity at the state level.

Administrative Exhaustion: A complaint must be filed with the Indiana Civil Rights Commission (ICRC) within 180 days of the alleged violation. Ind. Code Section 22-9-1-3(p).

Remedies under ICRL:
- Reinstatement
- Back pay (capped at 2 years)
- Injunctive relief
- No compensatory damages
- No punitive damages
- Attorney's fees in limited circumstances

Important Limitation: ICRL provides limited remedies compared to federal law and common law claims.

B. Common Law Wrongful Discharge (Frampton Doctrine)

Indiana recognizes a narrow public policy exception to at-will employment.

See Frampton v. Cent. Ind. Gas Co., 260 Ind. 249, 297 N.E.2d 425 (1973) (recognizing public policy exception for workers' compensation retaliation).

Key Principles:
Indiana courts recognize retaliatory discharge when:
- The employee exercised a statutory right (e.g., filing workers' compensation claim)
- The discharge was in clear violation of public policy

Statute of Limitations: Two (2) years. Ind. Code Section 34-11-2-4.

C. Workers' Compensation Retaliation

Ind. Code Section 22-3-2-15 and the Frampton doctrine prohibit retaliation against employees who file workers' compensation claims.

This is one of the most well-established retaliatory discharge claims in Indiana.

D. Federal Anti-Retaliation Laws (Primary Resource)

Because Indiana's Civil Rights Law provides limited remedies, federal law often provides stronger protections:

Title VII of the Civil Rights Act of 1964
- 42 U.S.C. Section 2000e-3(a) prohibits retaliation
- Provides compensatory and punitive damages (with caps)

Americans with Disabilities Act
- 42 U.S.C. Section 12203 prohibits retaliation

Age Discrimination in Employment Act
- 29 U.S.C. Section 623(d) prohibits retaliation

Filing Deadline: 300 days with the EEOC (Indiana is a deferral state).

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 (ICRL/Federal)
- [ ] Complained internally about discrimination based on [race / religion / color / sex / disability / national origin / ancestry / veteran 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 ICRC/EEOC Proceedings
- [ ] Filed a complaint with the Indiana Civil Rights Commission
- [ ] Filed a Charge of Discrimination with the EEOC
- [ ] Participated in an investigation
- [ ] Testified or assisted in any proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Exercise of Statutory Rights (Frampton Doctrine)
- [ ] Filed a workers' compensation claim
- [ ] Testified in workers' compensation proceeding
- [ ] Reported workplace safety violation
- [ ] Refused to commit an illegal act

Exercise of Other Statutory Rights
- [ ] Requested FMLA leave
- [ ] Complained about wage violations
- [ ] Engaged in concerted activity protected by the NLRA
- [ ] Served on jury duty
- [ ] [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. 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. Indiana Civil Rights Law - Retaliation

Ind. Code Section 22-9-1-6(a)

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

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

B. Common Law Retaliatory Discharge (Frampton Doctrine)

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

[Select applicable theory]

• [ ] Workers' Compensation: Our client was discharged in retaliation for filing a workers' compensation claim or testifying in a workers' compensation proceeding. See Frampton v. Cent. Ind. Gas Co., 260 Ind. 249, 297 N.E.2d 425 (1973).

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

• [ ] Public Policy Violation: Our client was discharged in violation of a clear mandate of public policy as established by [cite specific Indiana statute or constitutional provision].

C. Title VII Anti-Retaliation (Federal)

42 U.S.C. Section 2000e-3(a)

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

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

D. Other Federal Claims (If Applicable)

• [ ] 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)
• [ ] OSHA Anti-Retaliation, 29 U.S.C. Section 660(c)

V. DAMAGES

A. Economic Damages

1. Lost Wages (Back Pay)

2. Lost Benefits

3. Front Pay

B. Compensatory Damages (Common Law and Federal Claims)

Note: ICRL does not provide compensatory damages. These damages are available under common law and federal claims.

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

Compensatory damages: $[Amount]

C. Punitive Damages (Common Law and Federal Claims)

Note: ICRL does not provide punitive damages. These damages are available under common law and federal claims where the employer's conduct was malicious or demonstrated reckless indifference.

Punitive damages: $[Amount]

D. Interest

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

E. Attorney's Fees and Costs

Applicable law provides for recovery of reasonable attorney's fees and costs in employment retaliation cases.

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 (180 days): [Date] - CRITICAL SHORT DEADLINE
- EEOC filing deadline (300 days): [Date]
- Common law retaliatory discharge (2 years): [Date]

If we do not receive a satisfactory response, we will file suit in [Indiana Superior/Circuit Court, [County] County] / [United States District Court, [Northern/Southern] District of Indiana] asserting:

1. Retaliation in violation of the Indiana Civil Rights Law, Ind. Code Section 22-9-1-6(a)
2. Common law retaliatory discharge
3. Title VII retaliation, 42 U.S.C. Section 2000e-3(a) [if applicable]
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 Indiana and federal law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Indiana Rule of Evidence 408 and applicable 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:
- [ ] Indiana 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]

INDIANA-SPECIFIC PRACTICE NOTES

Limited ICRL Remedies: The Indiana Civil Rights Law provides very limited remedies - only back pay (capped at 2 years), reinstatement, and injunctive relief. There are no compensatory or punitive damages under ICRL. This makes federal claims and common law claims essential for full recovery.

180-Day ICRC Deadline: Indiana has a short 180-day filing deadline with the ICRC. This is shorter than the EEOC's 300-day deadline. Act promptly to preserve state claims.

Deferral State: Indiana is a deferral state, so the EEOC filing deadline is 300 days. File with ICRC to preserve state claims and cross-file with EEOC to preserve federal claims.

Frampton Doctrine: The Indiana common law retaliatory discharge claim (Frampton v. Central Indiana Gas Co.) is primarily recognized for workers' compensation retaliation. Courts have been reluctant to expand it to other contexts.

Limited Protected Classes: Indiana does not protect sexual orientation or gender identity at the state level. Consider whether local ordinances (e.g., Indianapolis, Bloomington) provide additional protections.

Federal Claims Essential: Given ICRL's limited remedies, federal Title VII claims are essential for meaningful recovery. Always file with the EEOC within 300 days.

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