Anyone facing employment discrimination should move quickly to protect their rights. Certain deadlines apply when filing a discrimination claim in New Jersey. If you file too late, then you cannot pursue your legal claim, which gets tossed out of court.
At The Law Offices of Usmaan Sleemi, we can meet to discuss why you think you have suffered employment discrimination. We can then identify which forum is the correct choice for hearing your claim. Call to speak with our New Jersey discrimination lawyer today.
Deadlines for Filing a Discrimination Claim
The deadline will depend on where you file your discrimination claim. Here are the primary options.
New Jersey Division on Civil Rights (DCR)
You can file an administrative claim with the DCR, which will investigate alleged discrimination. You get 180 days from the day of the discriminatory act to file. That is not much time: only around six months.
There is no fee to file a claim with the DCR. However, this might not be the best option for you. If the DCR finds that there is no probable cause to believe discrimination has occurred, then you will be barred from filing a lawsuit. That is an unacceptable risk for many people.
New Jersey Courts Under the Law Against Discrimination
Alternatively, an employee might file a lawsuit in New Jersey court under the state’s Law Against Discrimination. You get two years from the day of the discriminatory act to file. That is more time than if you filed with the state’s administrative agency.
There are other advantages to filing a lawsuit. You might request a broader range of remedies, including punitive damages. But a lawyer is very helpful to give yourself the best chance of success, so we recommend not proceeding alone.
Equal Employment Opportunity Commission (EEOC)
You could also file a discrimination claim with the EEOC based on federal law, such as Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act of 1967.
If you file with the EEOC, you get 300 days from the discriminatory act.
Filing with the EEOC is usually less common for New Jersey workers, since the state’s Law Against Discrimination prohibits most of the same discriminatory conduct as federal law. The EEOC also serves the entire nation and can have a heavy backlog of cases, so it might not investigate your claim in a timely manner.
The good news: the EEOC can issue a right-to-sue letter, which allows you to go into court and file a lawsuit under federal law. You can seek various remedies, including job reinstatement and damages.
Discuss Your Options with an Experienced Paramus Employment Lawyer
Where should you file your claim? Although most people typically file a lawsuit in New Jersey court, you should figure out the right move for you. Each case is different and requires a tailored analysis. What works for a friend or colleague might not be the correct path for you. Contact our office to meet with our Paramus employment discrimination lawyer for a private consultation.
