Alabama State Civil Rights Complaint

ALABAMA STATE CIVIL RIGHTS COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Factual Allegations
5. Count I — Alabama Age Discrimination in Employment Act (Ala. Code § 25-1-20 et seq.)
6. Count II — Alabama Disability Access Statute (Ala. Code § 21-7-1 et seq.)
7. Count III — Title VII of the Civil Rights Act of 1964 (Federal Parallel)
8. Count IV — 42 U.S.C. § 1981 (Race / Contract Discrimination)
9. Count V — 42 U.S.C. § 1983 (Deprivation of Constitutional Rights — State Actor Defendants)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Reservation of Rights
14. Signature and Service Blocks
15. Verification
16. Request for Service of Process
17. Alabama Practice Notes
18. Sources and References

1. CAPTION

STATE OF ALABAMA

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, ALABAMA

CIVIL ACTION NO. [________________________________]

VERIFIED COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF

(Civil Rights — State and Federal Claims)

2. INTRODUCTION

Plaintiff [PLAINTIFF NAME] ("Plaintiff"), by and through undersigned counsel, brings this action against Defendants for unlawful discrimination, retaliation, and deprivation of civil rights in violation of the Alabama Age Discrimination in Employment Act, Ala. Code § 25-1-20 et seq.; Ala. Code § 21-7-1 et seq. (rights of disabled persons); Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; 42 U.S.C. § 1981; and 42 U.S.C. § 1983. Plaintiff seeks compensatory damages, punitive damages, equitable relief, attorney's fees, and costs.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident of [COUNTY] County, Alabama, and was at all relevant times an employee / applicant / patron of Defendant [ENTITY].

3.2. Defendant [ENTITY NAME] is [a corporation organized under the laws of [STATE], authorized to do business in Alabama / a municipal corporation / a state agency / etc.], with its principal place of business at [ADDRESS], [COUNTY] County, Alabama. At all relevant times, Defendant [ENTITY NAME] employed twenty (20) or more employees and constitutes an "employer" within the meaning of Ala. Code § 25-1-20(1) and 42 U.S.C. § 2000e(b).

3.3. Defendant [INDIVIDUAL NAME] is an adult resident of [COUNTY / STATE] and at all relevant times acted [as a supervisor / decision-maker / agent of Defendant Entity / under color of state law]. Defendant [INDIVIDUAL NAME] is sued in [his/her/their] [individual / official / individual and official] capacity.

3.4. Subject-matter jurisdiction. This Court has subject-matter jurisdiction over Plaintiff's state-law claims pursuant to Ala. Const. Art. VI, § 142 and Ala. Code § 12-11-30. State-court jurisdiction over Plaintiff's federal claims is concurrent under Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990) (Title VII), and Felder v. Casey, 487 U.S. 131 (1988) (§ 1983). For the § 1981 claim, apply the presumption of concurrent state-court jurisdiction explained in Tafflin v. Levitt, 493 U.S. 455, 458–59 (1990).

3.5. Venue. Select and plead the route that applies to each Defendant. For an individual defendant in this personal action, Ala. Code § 6-3-2(a)(3) uses the defendant's Alabama permanent residence or the county of the complained-of act or omission. For a corporate defendant, use one actual § 6-3-7(a) route; doing business by agent alone is a venue basis under (a)(4) only if (a)(1)-(3) do not apply.

3.6. Administrative exhaustion.

• (a) AADEA: No administrative filing is required. Plaintiff brings this claim under the applicable limitations route: [filed within 180 days of the alleged act / filed an EEOC charge within 180 days of the alleged act and filed this action within 90 days after receiving the EEOC's dismissal notice]. State the dates supporting the selected route: [DATES]. See Ala. Code § 25-1-29 and Byrd v. Dillard's, Inc., 892 So. 2d 342 (Ala. 2004).
• (b) Title VII / Federal ADEA / ADA: Plaintiff timely filed Charge No. [CHARGE NO.] with the U.S. Equal Employment Opportunity Commission ("EEOC"), Birmingham District Office, on [DATE], within 180 days of the discriminatory act. Alabama is a non-deferral state. The EEOC issued a Notice of Right to Sue dated [DATE], attached as Exhibit A, and this action is filed within ninety (90) days of Plaintiff's receipt thereof.
• (c) § 1981 / § 1983: No exhaustion required.

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is [a member of protected class — age 40+ / individual with a disability under § 21-7-1 / race / sex / etc.].

4.2. Plaintiff was hired by Defendant [ENTITY] on or about [DATE] as a [POSITION].

4.3. Throughout Plaintiff's employment, Plaintiff [performed satisfactorily / met or exceeded all legitimate expectations / received positive performance reviews].

4.4. On or about [DATE], Defendant [NAME] [describe adverse action: terminated, demoted, refused accommodation, denied service, harassed, etc.] Plaintiff under the following circumstances: [FACTUAL NARRATIVE].

4.5. The adverse action was motivated, in whole or in part, by Plaintiff's [age / disability / race / sex / national origin / religion / color / protected activity], as evidenced by [SPECIFIC FACTS — e.g., comments, comparators, temporal proximity, deviation from policy].

4.6. [Comparator allegations — younger / non-disabled / similarly situated employees outside Plaintiff's protected class were treated more favorably.]

4.7. [Pretext allegations — Defendant's stated reasons for the adverse action are false or implausible because [FACTS].]

4.8. Plaintiff exhausted any required internal grievance or administrative procedures.

4.9. As a direct and proximate result of Defendants' unlawful conduct, Plaintiff has suffered loss of income, loss of benefits, emotional distress, humiliation, damage to reputation, and other compensable injuries.

5. COUNT I — ALABAMA AGE DISCRIMINATION IN EMPLOYMENT ACT (Ala. Code § 25-1-20 et seq.)

5.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 4.9.

5.2. Plaintiff is a person aged forty (40) or older within the protection of Ala. Code § 25-1-21.

5.3. Defendant [ENTITY] is an "employer" employing twenty (20) or more employees within the meaning of Ala. Code § 25-1-20(1).

5.4. Defendant discriminated against Plaintiff in [hiring / discharge / compensation / terms, conditions, or privileges of employment] on the basis of Plaintiff's age, in violation of Ala. Code § 25-1-21.

5.5. This action is timely under the AADEA route selected in Paragraph 3.6(a). The alleged act occurred on [DATE]; the state complaint was filed on [DATE]. If Plaintiff used the EEOC-charge route, the charge was filed on [DATE] and the dismissal notice was received on [DATE].

5.6. As a result, Plaintiff seeks back pay, front pay, reinstatement, attorney's fees, and costs, and liquidated damages only if Defendant's age-discrimination violation was willful (Ala. Code § 25-1-29; 29 U.S.C. § 626(b)).

6. COUNT II — ALABAMA DISABILITY ACCESS STATUTE (Ala. Code § 21-7-1 et seq.)

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 4.9.

6.2. Plaintiff is an "individual with a disability" within the meaning of Ala. Code § 21-7-1 and 42 U.S.C. § 12102.

6.3. Defendant [ENTITY] operates a place of public accommodation, public conveyance, lodging place, or public transportation facility within the meaning of Ala. Code § 21-7-3.

6.4. Defendant denied Plaintiff full and equal accommodations, advantages, facilities, or privileges by [REFUSING ACCESS / DENYING SERVICE ANIMAL / FAILING TO PERMIT ENTRY / etc.], in violation of Ala. Code §§ 21-7-3 and 21-7-4.

6.5. The denial described above interfered with Plaintiff's access to [FACILITY / SERVICE] on [DATE].

6.6. Plaintiff requests declaratory and injunctive relief, and damages, costs, or fees to the extent authorized for this state-law claim.

7. COUNT III — TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 (Federal Parallel)

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 4.9.

7.2. Plaintiff is a member of a class protected by Title VII ([race / color / religion / sex / national origin / pregnancy]), 42 U.S.C. § 2000e-2(a).

7.3. Defendant is an "employer" employing fifteen (15) or more employees within the meaning of 42 U.S.C. § 2000e(b).

7.4. Defendant subjected Plaintiff to [disparate treatment / hostile work environment / retaliation / failure to accommodate religion] because of Plaintiff's protected class.

7.5. Plaintiff timely filed an EEOC charge and received a Notice of Right to Sue. This action is filed within 90 days of receipt.

7.6. Plaintiff is entitled to compensatory and punitive damages (subject to the 42 U.S.C. § 1981a caps), back pay, front pay, reinstatement, attorney's fees, and costs.

8. COUNT IV — 42 U.S.C. § 1981 (Race / Contract Discrimination)

8.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 4.9.

8.2. Plaintiff is [RACE] and was qualified for [CONTRACTUAL OR EMPLOYMENT BENEFIT AT ISSUE]. Section 1981 protects persons of every race; identify the contractual right and the facts showing race-based unequal treatment.

8.3. Defendants intentionally discriminated against Plaintiff on the basis of race in the making, performance, modification, or termination of Plaintiff's contract / employment relationship, in violation of 42 U.S.C. § 1981.

8.4. Plaintiff requests the damages supported by each maintained count. If Plaintiff becomes a prevailing party in an action enforcing a provision listed in 42 U.S.C. § 1988(b), Plaintiff also requests a discretionary reasonable attorney's fee as part of costs.

9. COUNT V — 42 U.S.C. § 1983 (Deprivation of Constitutional Rights — State Actor Defendants)

9.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 4.9.

9.2. Defendant [STATE-ACTOR NAME] acted under color of state law within the meaning of 42 U.S.C. § 1983.

9.3. Defendant deprived Plaintiff of rights secured by the [Fourteenth Amendment Equal Protection Clause / Due Process Clause / First Amendment / etc.] to the United States Constitution.

9.4. The deprivation was the result of [an official policy, custom, or practice of Defendant municipality (Monell liability) / a final policymaker's decision / deliberate indifference to a known risk].

9.5. Plaintiff is entitled to compensatory damages, punitive damages against individual defendants, declaratory and injunctive relief, attorney's fees under 42 U.S.C. § 1988, and costs.

10. DAMAGES

10.1. Economic damages: lost wages, lost benefits, lost earning capacity, out-of-pocket expenses, and loss of contractual benefits, in an amount to be proven at trial.

10.2. Non-economic damages: emotional distress, mental anguish, humiliation, embarrassment, loss of enjoyment of life, and damage to professional reputation.

10.3. Liquidated damages under AADEA where willful violation is proven.

10.4. Punitive damages under 42 U.S.C. §§ 1981, 1981a, and 1983, where authorized, against eligible individual or private defendants for willful, malicious, or reckless conduct; no punitive damages are sought against a government, government agency, or political subdivision.

10.5. Equitable relief: reinstatement, front pay, expungement of disciplinary records, injunctive relief preventing further discrimination, and declaratory judgment.

10.6. Attorney's fees and costs under 42 U.S.C. § 1988, 42 U.S.C. § 2000e-5(k), and Ala. Code § 25-1-29.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against the Defendants liable for each claim, as follows:

• A. Compensatory damages in an amount to be proven at trial;
• B. Back pay, front pay, and lost benefits;
• C. Liquidated damages under the AADEA;
• D. Punitive damages under 42 U.S.C. §§ 1981, 1981a, and 1983 only against eligible individual or private defendants, as each statute permits, and not against any government, government agency, or political subdivision;
• E. Reinstatement to Plaintiff's former position with full seniority and benefits, or front pay in lieu thereof;
• F. Declaratory and injunctive relief enjoining Defendants from further unlawful discrimination and requiring training, policy revision, and monitoring;
• G. Reasonable attorney's fees and costs of suit under 42 U.S.C. § 1988, 42 U.S.C. § 2000e-5(k), and applicable Alabama law;
• H. Pre-judgment and post-judgment interest at the maximum rate allowed by law;
• I. Such other and further relief as this Court deems just and proper.

12. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on every issue for which that right is preserved by Ala. Const. Art. I, § 11.

13. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint pursuant to Ala. R. Civ. P. 15 (or Fed. R. Civ. P. 15) to add additional claims, parties, or factual allegations as discovery may reveal.

14. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Alabama State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

15. VERIFICATION

STATE OF ALABAMA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

16. REQUEST FOR SERVICE OF PROCESS

Plaintiff requests that the Clerk issue a summons for each Defendant and arrange service of each summons with a copy of the filed Complaint under Ala. R. Civ. P. 4. Provide the Clerk with service instructions for each Defendant:

Complete and file the Alabama Unified Judicial System Form ARCiv-93, Cover Sheet Circuit Court — Civil Case, with this circuit court complaint; select the civil rights case category where applicable.

Preserve the return or other proof of service in the court record.

17. ALABAMA PRACTICE NOTES

• Limited state framework. Alabama has no general state employment-discrimination statute, no state human-rights commission, and no state fair-employment-practices agency. The state statutes addressing protected classes are (a) the Alabama Age Discrimination in Employment Act, Ala. Code § 25-1-20 et seq. (age 40+ in employment); (b) Ala. Code § 21-7-1 et seq. (disability access and service-animal rules); and (c) the Clarke-Figures Equal Pay Act, Ala. Code § 25-1-30, which creates a narrow claim for unequal sex- or race-based pay for equal work and protects applicants from wage-history retaliation.
• Race, sex, religion, national origin, color, pregnancy, GINA. Alabama has no broad state cause of action for general discrimination on these grounds. Section 25-1-30 permits the narrow equal-pay and wage-history claims described above; plead other claims under Title VII, § 1981, ADA, GINA, PDA, etc.
• Non-deferral state. Alabama is a non-deferral state for EEOC purposes. The 180-day federal charge-filing deadline applies (NOT 300 days).
• AADEA filing window. Under Ala. Code § 25-1-29 and Byrd, a state action filed within 180 days of the alleged act is timely. A timely EEOC charge can supply a second route: file the state action within 90 days after receiving the EEOC's dismissal notice. An EEOC charge is not required before an AADEA action; a federal ADEA claim has separate administrative requirements.
• Forum selection. Title VII / federal ADEA / ADA claims may be heard in state or federal court. § 1981 and § 1983 claims may be heard in either. Strategic considerations include jury pool, removal exposure (28 U.S.C. § 1441), and discovery scope.
• Statutes of limitations.
• AADEA — direct state action within 180 days of the alleged act, or a timely EEOC charge followed by state action within 90 days after receipt of the EEOC dismissal notice (§ 25-1-29; Byrd).
• Title VII / ADA — check the applicable EEOC charge period; suit generally within 90 days after Notice of Right to Sue. Federal ADEA — EEOC charge and 60-day wait before suit; a right-to-sue notice is not required, but a 90-day suit period follows notice of EEOC dismissal or termination.
• § 1981 — 4 years under 28 U.S.C. § 1658 only for claims made possible by a post-1990 enactment, including the 1991 amendments. Claims available under the earlier § 1981, such as discrimination in contract formation, generally borrow Alabama's 2-year personal-injury period under Ala. Code § 6-2-38(l). Identify the claim's theory before calculating the deadline.
• § 1983 — 2 years, borrowed from Ala. Code § 6-2-38(l).
• Punitive damages. Alabama has a statutory cap on punitive damages under Ala. Code § 6-11-21, but federal civil-rights claims (§§ 1981, 1981a, 1983) are governed by federal caps or no cap (§ 1981 has no statutory cap on punitive damages). Section 1981a(b)(1) excludes governments, government agencies, and political subdivisions from punitive liability; municipalities are immune from punitive damages under § 1983 (City of Newport).
• State-actor defendants and immunity. State agencies and employees in their official capacity enjoy Eleventh Amendment immunity in federal court for damages claims. Sovereign immunity bars most state-court damages claims against the State of Alabama (Ala. Const. Art. I, § 14).
• Ala. Code §§ 21-7-3 to 21-7-6. Sections 3 and 4 address access and service animals; § 5 concerns optional service-animal notices, and § 6 governs drivers near blind pedestrians or service-animal trainers. Verify the available civil remedy for the pleaded claim.
• AlaFile. Alabama state-court filings generally go through the AlaFile e-filing system. Confirm the local circuit court's filing requirements before submission.

18. SOURCES AND REFERENCES

• Ala. Code Title 21, Chapter 7 (Rights of Blind and Otherwise Physically Disabled Persons) — https://alison.legislature.state.al.us/code-of-alabama
• Ala. Code Title 25, Chapter 1, Article 3 (Age Discrimination by Employers Prohibited; AADEA) — https://law.justia.com/codes/alabama/title-25/chapter-1/article-3/
• Ala. Code § 6-2-38 (Two-year SOL) — https://law.justia.com/codes/alabama/title-6/chapter-2/article-2/section-6-2-38/
• 42 U.S.C. § 1981 — https://www.law.cornell.edu/uscode/text/42/1981
• 42 U.S.C. § 1983 — https://www.law.cornell.edu/uscode/text/42/1983
• 42 U.S.C. § 2000e et seq. (Title VII) — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. — https://www.ada.gov/
• Federal ADEA, 29 U.S.C. § 621 et seq. — https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
• Jones v. Dillard's, Inc., 368 F.3d 1278 (11th Cir. 2004) (official opinion quoting Byrd on both AADEA limitation routes) — https://media.ca11.uscourts.gov/opinions/pub/files/200214145op2.pdf
• EEOC Birmingham District Office — https://www.eeoc.gov/field/birmingham/
• Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990) (concurrent state-court jurisdiction over Title VII)
• Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004) (4-year SOL for § 1981 post-1991 amendments)
• Owens v. Okure, 488 U.S. 235 (1989) (state personal-injury SOL borrowed for § 1983)
• Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (municipal § 1983 liability)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Alabama's state civil-rights statutory framework is extremely limited; most discrimination claims must be pleaded under federal law. An attorney licensed in Alabama must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.