Attorneys often use pre-litigation letters to try to resolve cases for their clients before filing a complaint in court or with a state agency. When successful, this allows clients to resolve the issue quickly without the added expenses of filing a complaint. You will use the following information to make a pre-litigation letter to Lawless, Inc. Factual Background Sarah Crane was employed by Lawless, Inc. ("Lawless") for approximately five years as a computer programmer. Sarah always had excellent annual evaluations and received raises each year. Sarah is a transgender woman and began hormone therapy while working for Lawless. Sarah grew her hair longer and began wearing dresses and skirts to work. Sarah met with Human Resources and informed them that she was transgender and that she wanted to change her name on record in her personnel file from Charles to Sarah. Sarah's supervisor, thinking it was funny, occasionally called her "Lola" (obscure reference to a song by The Kinks). Her supervisor also regularly called her "Charles" or "Charlie" despite repeated requests to be called Sarah. Sarah complained to HR about her supervisor's repeated use of the wrong name, and also reported the instances where he had called her Lola. HR said that they would investigate, but Sarah never received an update about it. However, shortly after her meeting with HR, Sarah began to notice that she was not getting the same job assignments that she used to get. Significant amounts of work were being given to other programmers, even employees with less seniority. Her supervisor continued to call her by the wrong name. One day Sarah's supervisor called her into his office and placed her on a Performance Improvement Plan ("PIP"). Sarah had never received any warnings, write-ups, or comments about her performance prior to reporting her supervisor to HR. Approximately one month into the PIP, Sarah's supervisor brought her in for another meeting and told her she was being terminated. Her supervisor stated that it was just not a good fit. LAW206 - Business Law II Pre-Litigation Letter Legal Information 1. The Civil Rights Act of 1964 as amended lists some of the classes that are protected under federal discrimination laws. Gender identity is not yet considered a protected class under federal law. 2. The Connecticut Fair Employment Practices Act ("CFEPA") covers discrimination in the state of Connecticut. Gender identity is a protected class under Connecticut law. (See Connecticut General Statute 46a-60(b)(1)) 3. Discrimination cases in Connecticut are generally filed with the Commission on Human Rights and Opportunities ("CHRO"). If you are a resident of a different state, you may check your state's laws on discrimination to see if gender identity is protected. If so, you may refer to your state's laws instead if you wish. Instructions: 1. Thoroughly review the Factual Background above, as well as the state discrimination laws you will be citing (either Connecticut or your own state if they offer protection for gender identity). 2. Review how to format a business letter. Purdue Writing Lab has an example available on their website: a. https://owl.purdue.edu/owl/subject_specific_writing/professional_technical _writing/basic_business_letters/index.html b. Note: Purdue's example says to include the sender's (your) address at the top of the letter if not using letterhead. Because you are writing this letter as if you were an attorney (and would be using letterhead if you were an attorney), there is no need for you to include your address at the top. 3. Compose a pre-litigation letter to Lawless, Inc. on behalf of Ms. Crane explaining how you (as Ms. Crane's attorney) believe that Lawless has discriminated against her based on her gender identity. 4. Explain your position to Lawless using a combination of the facts of the case and the laws that you believe were violated. 5. Let Lawless know that your client would prefer to resolve this matter without the need for litigation. 6. Ask Lawless to have their legal representative contact you within 10 business days to discuss the matter further