FEPA Discrimination Charge and Right-to-Sue Procedure — Alabama

FEPA Discrimination Charge and Right-to-Sue Procedure (Alabama)

This template provides Alabama-specific discrimination charge guidance and a complete filing package. Because Alabama has no general state FEPA agency for private-employer employment discrimination, this template pivots to: (A) a pre-filing eligibility memo documenting the absence of state coverage and identifying viable federal/common-law pivots; (B) an EEOC Charge of Discrimination (the operative filing in lieu of a state charge); (C) a Right-to-Sue Demand Letter to EEOC; (D) a pre-suit Civil Complaint pleading Title VII / ADA / ADEA / AADEA / § 1981 in parallel; and (E) a pre-filing checklist.

CRITICAL: NO STATE FEPA AGENCY. Alabama has not created a general state agency to investigate employment discrimination claims by private-sector employees, and Alabama law has no general employment-discrimination cause of action for protected classes other than age. The Alabama Department of Labor's EEO & Grievance Section states explicitly: "The Alabama Department of Labor EEO & Grievance Section does not have the authority to investigate complaints against other government agencies or private employers." It handles only WIOA-funded program complaints and unemployment-compensation-related complaints. For all general employment discrimination, the EEOC is the exclusive administrative agency.

180-DAY EEOC DEADLINE. Because Alabama has no FEPA with a worksharing agreement covering non-age claims, the 300-day extended deadline of 42 U.S.C. § 2000e-5(e)(1) does NOT apply. Charging Parties have only 180 days from the alleged unlawful employment practice to file an EEOC charge for Title VII / ADA / ADEA claims. Missing this deadline is fatal to federal claims.

AADEA — AGE-ONLY EXCEPTION. The Alabama AADEA (Ala. Code § 25-1-21) protects workers 40 and older from employment discrimination based on age. Under Ala. Code § 25-1-29, an employee may bring a private civil action without first filing any administrative charge, similar to LEDL in Louisiana. The AADEA closely tracks the federal ADEA but permits direct court access. This is the only state-law discrimination cause of action available in Alabama.

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo (Alabama Absence-of-FEPA Pivot)

PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT

To: [SUPERVISING ATTORNEY]
From: [DRAFTING ATTORNEY/PARALEGAL]
Re: Alabama Discrimination Eligibility Memo — [CLIENT NAME] v. [RESPONDENT NAME]
Date: [__/__/____]

1. Absence of State FEPA — Key Finding

2. Federal Claim Inventory

3. Alabama State-Law Claim Inventory

4. Threshold Eligibility for Federal Filing

5. Continuing Violation Analysis

6. Damages Estimate

7. Recommendation

☐ File EEOC charge within 180 days (deadline: [__/__/____])
☐ Consider § 1981 race-based claim — direct action, 4-year SOL, no admin exhaustion
☐ Consider AADEA direct civil action — no exhaustion required (age claims)
☐ Identify Alabama common-law tort claims (workers' comp retaliation, jury duty, outrage)
☐ Issue litigation hold to employer
☐ Decline representation (reasons): [____]

Part B — EEOC Charge of Discrimination (in Lieu of State FEPA Charge)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BIRMINGHAM DISTRICT OFFICE
RIDGE PARK PLACE, 1130 22ND STREET SOUTH, SUITE 2000, BIRMINGHAM, AL 35205
(800) 669-4000 | EEOC PUBLIC PORTAL: publicportal.eeoc.gov

Note: This Charge is filed with the EEOC ONLY. Alabama has no general state FEPA agency for private-employer employment discrimination. The Alabama Department of Labor EEO & Grievance Section expressly disclaims jurisdiction over private employers.

CHARGE OF DISCRIMINATION (EEOC FORM 5)

Discrimination Based On — Check all that apply

☐ Race
☐ Color
☐ Religion
☐ Sex (including pregnancy, sexual orientation, gender identity per Bostock v. Clayton County, 590 U.S. 644 (2020))
☐ National Origin
☐ Age (40 or older — federal ADEA and state AADEA)
☐ Disability (ADA)
☐ Genetic Information (GINA)
☐ Retaliation for protected activity

Particulars (Statement of Discrimination)

I. Personal Information

I, [COMPLAINANT NAME], was employed by [RESPONDENT] as a [JOB TITLE] from [__/__/____] until [__/__/____]. At all relevant times, I [describe protected class membership].

II. Discriminatory Acts

[Chronological narrative of incidents — date, location, persons involved, what was said/done, witnesses, documentation.]

III. Adverse Employment Action

On [__/__/____], I was [terminated / demoted / denied promotion / denied accommodation / subjected to harassment / constructively discharged]. The stated reason was [____], which I believe is pretextual because [____].

IV. Comparators

[Identify similarly situated employees outside the protected class treated more favorably.]

V. Causation and Statutory Violations

I believe I was discriminated against because of my [PROTECTED CLASS] in violation of:

• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 [if applicable];
• The Americans with Disabilities Act, 42 U.S.C. § 12112 [if applicable];
• The Age Discrimination in Employment Act, 29 U.S.C. § 623 [if applicable];
• The Alabama Age Discrimination in Employment Act, Ala. Code § 25-1-21 [if age claim];
• 42 U.S.C. § 1981 [if race claim — parallel direct action preserved].

Verification

I declare under penalty of perjury that the foregoing is true and correct.

Signature of Charging Party: _________________________________
Date: [__/__/____]

Subscribed and sworn before me this ___ day of __________, 20___.

_________________________________
Notary Public, State of Alabama
My commission expires: [__/__/____]

Part C — Right-to-Sue Demand Letter (EEOC)

[LAW FIRM LETTERHEAD]

[DATE]

VIA EEOC PUBLIC PORTAL UPLOAD
AND VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

District Director
U.S. Equal Employment Opportunity Commission
Birmingham District Office
Ridge Park Place, 1130 22nd Street South, Suite 2000
Birmingham, AL 35205

Re: Request for Notice of Right to Sue — 29 C.F.R. § 1601.28
Charging Party: [NAME]
Respondent: [NAME]
EEOC Charge No.: [____]
Date Charge Filed: [__/__/____]

Dear District Director:

This firm represents Charging Party [NAME] in the above-referenced matter. Pursuant to 29 C.F.R. § 1601.28(a)(1), more than one hundred eighty (180) days have elapsed since the filing of the Charge of Discrimination with the EEOC.

Charging Party hereby formally requests that the Commission issue a Notice of Right to Sue under 42 U.S.C. § 2000e-5(f)(1) so that Charging Party may pursue a civil action in the United States District Court for the [Northern/Middle/Southern] District of Alabama. Charging Party understands that the civil action must be filed within ninety (90) days of receipt of the Notice.

This request is made because Alabama has no state FEPA agency with concurrent jurisdiction; the EEOC is the exclusive administrative agency for general employment discrimination claims in Alabama.

Please direct all correspondence to the undersigned at the address above.

Respectfully,

_________________________________
[ATTORNEY NAME], Esq.
Alabama State Bar No. [____]
[FIRM NAME]
Counsel for Charging Party

Part D — Pre-Suit Civil Complaint (Title VII / ADA / ADEA / AADEA / § 1981 / Common-Law Pivot)

IN THE UNITED STATES DISTRICT COURT
FOR THE [NORTHERN / MIDDLE / SOUTHERN] DISTRICT OF ALABAMA
[NORTHEASTERN / SOUTHERN / EASTERN] DIVISION

Case No.: [____]
JURY TRIAL DEMANDED

COMPLAINT

Plaintiff [NAME], by and through undersigned counsel, files this Complaint against Defendant and alleges as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is a resident of [COUNTY] County, Alabama.
2. Defendant is a [STATE OF INCORPORATION] [corporation / LLC / etc.] doing business in Alabama, with its principal Alabama place of business at [ADDRESS].
3. Defendant employed [____] persons at all relevant times.
4. This Court has subject-matter jurisdiction over the federal claims under 28 U.S.C. §§ 1331 and 1343, and supplemental jurisdiction over the state-law claims under 28 U.S.C. § 1367.
5. Venue is proper under 42 U.S.C. § 2000e-5(f)(3) and 28 U.S.C. § 1391(b) because the unlawful employment practice occurred in this District.

II. EXHAUSTION OF ADMINISTRATIVE REMEDIES

6. On [__/__/____], Plaintiff timely filed a Charge of Discrimination with the EEOC (Charge No. [____]) within 180 days of the latest discriminatory act, as required by 42 U.S.C. § 2000e-5(e)(1). (Alabama has no state FEPA agency that would extend the deadline to 300 days.)
7. On [__/__/____], the EEOC issued a Notice of Right to Sue. This Complaint is filed within 90 days of receipt.
8. As to the § 1981 claim, no administrative exhaustion is required. Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004).
9. As to the AADEA claim (if any), no administrative exhaustion is required under Ala. Code § 25-1-29.

III. FACTUAL ALLEGATIONS

10. [Chronological narrative supported by documentary evidence.]

IV. CLAIMS FOR RELIEF

COUNT I — Title VII (42 U.S.C. § 2000e-2)

11. Plaintiff incorporates the preceding paragraphs.
12. Plaintiff is a member of a protected class.
13. Defendant subjected Plaintiff to adverse employment action because of Plaintiff's protected class.

COUNT II — ADA (42 U.S.C. § 12112) (if applicable)

COUNT III — ADEA (29 U.S.C. § 623) and AADEA (Ala. Code § 25-1-21) (if applicable)

14. Plaintiff is over the age of 40.
15. Defendant terminated/demoted/denied promotion to Plaintiff because of Plaintiff's age in violation of both federal ADEA and Alabama AADEA.
16. The AADEA claim is brought directly under Ala. Code § 25-1-29 without administrative exhaustion.

COUNT IV — § 1981 (Race Discrimination in Contracts) (if applicable)

17. Plaintiff is [race].
18. Defendant intentionally discriminated against Plaintiff in the making or enforcement of an employment contract on the basis of race, in violation of 42 U.S.C. § 1981.

COUNT V — Retaliation (Title VII, ADA, ADEA, § 1981 as applicable)

19. Plaintiff engaged in protected activity.
20. Defendant took materially adverse action against Plaintiff because of the protected activity.

COUNT VI — Alabama Common-Law / Statutory Tort (where applicable)

[Plead, e.g., Ala. Code § 25-5-11.1 (workers' comp retaliation), § 12-16-8.1 (jury duty retaliation), or Howard v. Wolff (refusal to commit illegal act).]

V. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests:

a. Back pay, front pay, and lost benefits;
b. Compensatory damages (Title VII / ADA / § 1981, subject to 42 U.S.C. § 1981a caps);
c. Punitive damages (Title VII / ADA / § 1981, subject to § 1981a caps; § 1981 is uncapped);
d. Liquidated damages under ADEA / AADEA for willful violations;
e. Reinstatement or, in the alternative, front pay;
f. Reasonable attorneys' fees and costs under 42 U.S.C. § 2000e-5(k) and § 1988;
g. Pre- and post-judgment interest;
h. A trial by jury on all triable issues;
i. Such other and further relief as the Court deems just and proper.

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL TRIABLE ISSUES.

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[ATTORNEY NAME], Esq., Alabama State Bar No. [____]
[FIRM NAME, ADDRESS, PHONE, EMAIL]
Counsel for Plaintiff

Part E — Pre-Filing Checklist

Threshold — Confirm Alabama's Unique Posture

☐ Confirm Alabama has NO state FEPA agency for general private-employer discrimination
☐ Confirm the 180-day EEOC deadline applies (NOT 300 days)
☐ Identify AADEA applicability if age is a basis (40+)
☐ Identify § 1981 applicability if race is a basis (no exhaustion; 4-year SOL)
☐ Document client expectations regarding Alabama's at-will doctrine

Intake / Eligibility

☐ Confirm Alabama-based employment
☐ Confirm federal coverage threshold (Title VII/ADA 15+; ADEA 20+; AADEA 20+)
☐ Identify protected class(es)
☐ Identify adverse employment action(s)
☐ Calculate 180-day EEOC deadline (NOT 300)
☐ Calculate AADEA SOL (180 days) if applicable
☐ Calculate § 1981 SOL (4 years) if race claim
☐ Identify continuing-violation theory if harassment alleged

Documentation

☐ Personnel file
☐ Performance reviews and disciplinary records
☐ Pay records / W-2s / paystubs
☐ Termination letter / separation notice
☐ Witness contact information
☐ Comparator evidence
☐ Employer policies / handbook (check disclaimer language under Hoffman-La Roche)
☐ Internal complaints filed
☐ Medical records (if disability or emotional distress)
☐ Electronic communications

Filing

☐ Complete EEOC charge via Public Portal (publicportal.eeoc.gov)
☐ Sign Charge under oath
☐ DO NOT rely on a state FEPA agency — none exists for general claims
☐ Consider § 1981 direct filing (no exhaustion required)
☐ Consider AADEA direct filing (no exhaustion required)
☐ Issue litigation hold to employer

Post-Filing

☐ Monitor for respondent's position statement
☐ Submit rebuttal
☐ Consider EEOC mediation (voluntary)
☐ Request RTS after 180 days if administrative process unresolved
☐ File civil action within 90 days of RTS receipt
☐ Calendar § 1981 4-year SOL separately
☐ Calendar AADEA SOL separately

Sources and References

• Alabama Department of Labor — Equal Opportunity (states no jurisdiction over private employers): https://adol.alabama.gov/services/equal-opportunity/
• Alabama Age Discrimination in Employment Act, Ala. Code §§ 25-1-20 to 25-1-29: https://law.justia.com/codes/alabama/title-25/chapter-1/article-3/
• Alabama State Bar — Employment Law for the Solo and Small Firm Lawyer: https://www.alabar.org/news/employment-law-for-the-solo-and-small-firm-lawyer/
• Hoffman-La Roche, Inc. v. Campbell, 512 So. 2d 725 (Ala. 1987)
• Howard v. Wolff Broadcasting Corp., 611 So. 2d 307 (Ala. 1992)
• EEOC Birmingham District Office: https://www.eeoc.gov/field-office/birmingham/location
• EEOC — Time Limits for Filing a Charge: https://www.eeoc.gov/time-limits-filing-charge
• 42 U.S.C. § 2000e-5 (Title VII enforcement; 180-day SOL in non-FEPA states)
• 42 U.S.C. § 1981a (damages caps)
• 28 U.S.C. § 1658 (4-year § 1981 SOL)
• Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004)