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A qualified employment lawyer can strengthen your demand letter, ensure proper legal citations, and maximize your potential recovery.
Frequently Asked Questions
What is an employer demand letter in an EEOC discrimination case?
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An employer demand letter is a formal written notice sent to an employer alleging workplace discrimination and demanding specific remedies. It outlines the discriminatory conduct, cites applicable federal laws such as Title VII, the ADA, or the ADEA, and typically demands monetary compensation, policy changes, or other corrective action. Sending a demand letter is often a strategic step before or during the EEOC complaint process to attempt resolution without litigation.
Do I need to send a demand letter before filing an EEOC charge?
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No, you are not legally required to send a demand letter before filing a charge with the EEOC. However, a well-crafted demand letter can sometimes prompt the employer to negotiate a settlement before formal proceedings begin. It also creates a documented record of your complaint and the employer's response (or lack thereof), which can strengthen your case if you proceed with an EEOC filing or lawsuit.
What federal laws protect employees from workplace discrimination?
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The primary federal anti-discrimination statutes include: Title VII of the Civil Rights Act of 1964 (prohibits discrimination based on race, color, religion, sex, and national origin); the Age Discrimination in Employment Act (ADEA) of 1967 (protects workers 40 and older); the Americans with Disabilities Act (ADA) of 1990 (prohibits disability discrimination); and Section 1981 of the Civil Rights Act of 1866 (covers race discrimination in contracts). These laws are enforced by the Equal Employment Opportunity Commission (EEOC).
What damages can I demand in a discrimination claim?
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In employment discrimination cases, you may demand several categories of damages: back pay (lost wages from the date of the adverse action), front pay (projected future lost earnings), compensatory damages (emotional distress, mental anguish, inconvenience), punitive damages (to punish especially egregious conduct), out-of-pocket expenses (job search costs, medical expenses), and attorney's fees. Title VII caps compensatory and punitive damages based on employer size, ranging from $50,000 for employers with 15-100 employees to $300,000 for employers with over 500 employees.
What should I include in the timeline of discriminatory incidents?
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Your timeline should include specific dates, detailed descriptions of each discriminatory act, the names and titles of individuals involved, any witnesses present, and any documentation or evidence available (emails, performance reviews, text messages, etc.). Be as precise as possible with dates and facts. Include both the discriminatory actions and any complaints you made internally. A strong timeline typically contains at least three documented incidents showing a pattern of discriminatory behavior.