Workplace Harassment Discrimination Demand Letters

Document everything in real time. The stronger your evidence, the more likely the employer will settle.

If you didn’t save documents, create a detailed timeline now from memory. Include:

• Date and time: Be as specific as possible
• Who was present: Names of witnesses
• What was said/done: Direct quotes if possible
• Your response: Did you object? Report it? To whom?
• Impact: How did it affect you (emotional distress, work performance, etc.)?

Example entry: “March 5, 2024, ~2:30 PM: During team meeting in Conference Room B, [Manager Name] said, ‘Maybe if you weren’t so emotional, you’d understand these numbers,’ while looking at me (only woman on team). [Coworker A] and [Coworker B] were present. I felt humiliated and left the meeting early. Reported to HR rep [Name] via email same day at 4:15 PM.”

If coworkers witnessed the harassment or discrimination, ask them to provide written statements. Key elements:

• Their name, title, and relationship to you
• Specific incidents they witnessed (dates, quotes, context)
• Their signature and date

Even if witnesses are afraid to go on record initially, document their names so your attorney can subpoena them later if necessary.

If you were terminated or demoted:

• Back pay: (Your prior salary) − (any mitigation earnings) × (months unemployed or at lower pay)
• Lost benefits: Health insurance premiums you had to pay, lost 401(k) matching, lost stock options/bonuses
• Front pay: Estimate future lost earnings until you find comparable employment (usually 1–3 years)

Example: You earned $80,000/year ($6,667/month) and were fired in January. By June (5 months later), you found a new job at $60,000/year ($5,000/month). Your back pay claim: ($6,667 − $0) × 5 months = $33,333. Your ongoing damages: ($6,667 − $5,000) × 12 months/year = $20,000/year front pay.

1. Your employment: Position, dates, department, supervisor
2. Protected characteristic: Race, sex, age, disability, etc.
3. Discriminatory/harassing conduct: Detailed chronology with dates, witnesses, quotes
4. Complaints to employer: When and to whom you reported; employer’s failure to remedy
5. Adverse action: Termination, demotion, discipline (and timing relative to complaint)
6. Legal violations: Cite Title VII, ADA, FEHA, retaliation statutes
7. Damages: Economic losses, emotional distress, punitive damages
8. Settlement demand: Specific dollar amount or range; deadline for response
9. Consequence of refusal: You will file EEOC/DFEH charge and pursue litigation

Dear [Employer/HR Director]:

I am writing on behalf of [Employee Name] to demand resolution of unlawful retaliation claims arising from [his/her/their] employment at [Company]. [Employee] worked as a [job title] from [start date] until [termination date]. On [date], [Employee] reported to Human Resources that [he/she/they] was being subjected to sexual harassment by [Harasser Name]. Specifically, [Employee] complained that [Harasser] repeatedly made unwelcome sexual comments, including [specific examples], and created a hostile work environment in violation of Title VII and California FEHA.

Rather than investigate and remedy the harassment, [Company] terminated [Employee]’s employment on [date]—less than [X days/weeks] after [his/her/their] complaint. The stated reason for termination, “[performance issues/restructuring/etc.],” is pretextual. [Employee] had consistently received [positive performance reviews/met all targets/etc.] and there is no evidence of any legitimate performance deficiency. The temporal proximity between the harassment complaint and termination, combined with the lack of any prior discipline, establishes that [Employee] was fired in retaliation for engaging in protected activity.

Harassing Conduct:

• January 15, 2024: During morning meeting, [Supervisor] referred to [Employee] as “too old to understand social media” in front of entire marketing team. Witnesses: [Name A], [Name B].
• February 3, 2024: [Supervisor] told [Employee], “Maybe it’s time to retire and make room for younger blood.” Email sent same day to HR by [Employee] (attached as Exhibit A).
• February 20, 2024: [Employee] excluded from client pitch meeting and told by [Supervisor], “This client wants a fresh, young face.” [Employee] had handled this client for 5 years.
• March 1, 2024: [Employee] filed formal written complaint with HR alleging age discrimination (attached as Exhibit B).
• March 10, 2024: HR informed [Employee] that complaint was “unfounded” and no action would be taken.
• March 18, 2024: [Employee] terminated with vague reference to “restructuring.” No other employees in department were terminated.

Damages:

[Employee] has suffered substantial economic and emotional damages as a result of [Company]’s unlawful conduct:

• Back pay: [Employee] earned $[X]/year. As of today, [he/she/they] has been unemployed for [X months], resulting in lost wages of $[amount].
• Lost benefits: Health insurance ($[X]), 401(k) matching ($[X]), stock options ($[X]).
• Front pay: [Employee] will likely suffer ongoing wage loss until [he/she/they] secures comparable employment, estimated at $[X] per year for [2–3] years.
• Emotional distress: [Employee] has experienced severe anxiety, depression, and humiliation, requiring ongoing therapy (see attached medical records). [He/She/They] has been prescribed [medication] to manage symptoms.
• Punitive damages: [Company]’s conduct was willful, malicious, and in reckless disregard of [Employee]’s rights. Under California FEHA, [Employee] is entitled to punitive damages to deter future misconduct.

Total Demand: $[amount] (plus attorneys’ fees and costs if litigation is required).

[Employee] is willing to resolve this matter promptly and without the cost of litigation. However, if we do not receive a satisfactory settlement offer within 21 days of the date of this letter, [Employee] will file charges with the EEOC and DFEH and will pursue all available remedies, including reinstatement, back pay, front pay, emotional distress damages, punitive damages, and attorneys’ fees.

Please direct all settlement communications to me at [attorney email/phone]. We expect a substantive response by [specific date].

Sincerely,
[Attorney Name / Employee Name]

• General Counsel or Legal Department: Larger employers with in-house counsel
• HR Director or Chief Human Resources Officer: Mid-sized employers
• CEO or Owner: Small businesses
• Registered Agent: For formal legal notice

Send copies to multiple recipients if appropriate (e.g., both HR and General Counsel).

• Start high: Demand 2–3× what you’d accept to leave room for negotiation
• Itemize damages: Break down economic losses, emotional distress, and punitive damages separately so employer can see your math
• Non-monetary terms: Consider requesting neutral reference, agreement not to contest unemployment, expungement of disciplinary records
• Tax treatment: Emotional distress and punitive damages are taxable; try to allocate more to tax-free back pay
• Confidentiality: Employer will likely request confidentiality; you can negotiate for higher payment in exchange for confidentiality clause
• Release scope: Ensure release is limited to this specific claim; don’t waive unrelated wage claims, worker’s comp, unemployment benefits, or future discrimination

• Overly broad releases: Waiving all claims “known and unknown” or releasing non-parties (affiliated companies, individual managers)
• Non-disparagement clauses: Prohibiting you from ever speaking about your experience (may violate NLRA if it chills protected activity)
• Admission of wrongdoing: Employer asks you to admit you were a poor performer or deserved termination
• Cooperation clauses: Requiring you to cooperate in defending employer against other employees’ claims
• Clawback provisions: Allowing employer to reclaim settlement if you violate confidentiality or disparagement terms

For Title VII, ADA, or ADEA claims, you must file an EEOC charge before suing in federal court.

For California FEHA claims, file with the California Civil Rights Department (CRD, formerly DFEH).

Once you have a right-to-sue letter (or in California, once you file a DFEH complaint), you can file in court.

I represent employees in harassment, discrimination, and retaliation claims under Title VII, ADA, ADEA, and California FEHA. I handle cases from pre-litigation demand letters through jury trial, with a focus on maximizing recovery and holding employers accountable.

• Case evaluation: Review your facts and evidence to assess claim strength and potential damages
• Pre-litigation demand letters: Detailed demand with chronology, legal analysis, and damages calculation to prompt settlement
• EEOC/CRD representation: File charges, respond to employer defenses, advocate for cause finding
• Settlement negotiation: Secure maximum recovery without litigation
• Federal and state court litigation: File and prosecute discrimination, harassment, and retaliation claims through trial
• Multi-plaintiff actions: Coordinate claims when multiple employees experienced similar discrimination

1. Thorough investigation: I gather all evidence (emails, witnesses, performance records, comparator data) to build the strongest possible case
2. Strategic pre-litigation demands: I draft demands that highlight employer’s legal exposure and create settlement pressure before filing charges
3. Dual-track filing: I file with both EEOC and CRD to preserve all claims and maximize leverage
4. Aggressive discovery: If we litigate, I use depositions, subpoenas, and document requests to uncover smoking-gun evidence of discrimination or retaliation
5. Fee-shifting leverage: I emphasize that prevailing plaintiffs recover attorneys’ fees—employers know they’ll pay my fees if they lose, which increases settlement value