What is a Demand Letter in an Employment Discrimination Case?
Employees deserve fair treatment in the workplace. A worker may be protected against discriminatory practices under federal law and/or state law. As explained by the Equal Employment Opportunity Commission (EEOC), discrimination is unfair treatment on the basis of a legally protected characteristic, such as race, gender, age, or sexual orientation.
Navigating an employment discrimination claim is never easy. While a lawsuit may be required to get justice, not all workplace discrimination cases actually end up in court. Here, our Monmouth County discrimination attorney highlights the key things to know about the role of demand letters in employment discrimination claims in New Jersey.
An Overview of Demand Letters
A demand letter is a formal written communication primarily used in a number of different legal contexts, including employment law matters. In effect, it is a letter that serves as an initial step to assert your rights against an employer who has potentially engaged in discriminatory practices.
Demand letters succinctly outline the facts of a case, citing specific incidents of discrimination and their impact on the employee. It states the legal grounds of the complaint, the remedy sought, and encourages the recipient to address the issue promptly.
Core Elements of an Effective Demand Letter
An effective demand letter should consist of the following:
- Clear Identification: The letter should clearly identify both the sender and the recipient. The sender is usually the employee alleging discrimination, and the recipient is typically the employer or organization accused of discriminatory behavior.
- Statement of Facts: It should provide a detailed description of the alleged discriminatory incidents. This includes dates, locations, participants, and any harm suffered as a result.
- Applicable Law: The letter should mention the legal basis of the claim, such as the Title VII of the Civil Rights Act of 1964 and/or the New Jersey Law Against Discrimination (LAD).
- Relief Demanded: This includes specific actions the employee seeks from the employer to remedy the situation. This could be reinstatement, compensation for lost wages, or changes to workplace policies.
- A Deadline for Response: The letter should provide a reasonable deadline for the recipient to respond and address the allegations.
A Workplace Discrimination Demand Letter Should Be Drafted By a Lawyer
While an employee can certainly draft a demand letter, it is strongly recommended that a specialized employment lawyer do it. The nuances of employment law and the art of persuasive legal writing are complex, and a professional can help ensure the letter is legally sound, persuasive, and effective. A New Jersey employment lawyer can also help assess the strength of your case, strategize the best course of action, and manage the potential repercussions of sending the letter
Contact Our Monmouth County Discrimination Attorney for Immediate Help
At Poulos LoPiccolo PC, our Monmouth County workplace discrimination lawyers are diligent, solutions-focused advocates for workers. If you or your loved one was the subject of unlawful discrimination, we are here to help. Contact our legal team for a completely confidential case review. Our firm handles workplace discrimination cases in Monmouth County and throughout New Jersey.
Source:
eeoc.gov/youth/what-employment-discrimination#:~:text=The%20laws%20enforced%20by%20EEOC,older)%2C%20or%20genetic%20information.
