Deciding to formally report workplace discrimination or harassment is never easy. It takes immense courage to stand up to an employer, especially when you fear retaliation or worry about the impact on your career. You may feel overwhelmed by the legal process, unsure of where to begin, and anxious about what lies ahead. But taking that first step is crucial to protecting your rights and holding your employer accountable for their illegal actions.
If you have experienced discrimination in New Jersey, you have two primary avenues for filing a formal complaint: the federal Equal Employment Opportunity Commission (EEOC) and the state-level New Jersey Division on Civil Rights (DCR). Navigating these agencies can be complex, but understanding the process is the first step toward getting justice. At jerseyemploymentattorney.com, we guide employees through every stage of the administrative process. We are here to demystify the system and ensure your voice is heard.
The EEOC vs. The DCR: Which Should You Choose?
Before you file, it’s important to understand the difference between the two agencies.
- The EEOC (Equal Employment Opportunity Commission): This is the federal agency responsible for enforcing federal anti-discrimination laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
- The DCR (New Jersey Division on Civil Rights): This is the state agency responsible for enforcing the New Jersey Law Against Discrimination (NJLAD).
In many cases, the NJLAD provides broader protections and more generous remedies than federal law. For example, the NJLAD covers smaller employers (those with one or more employees, compared to the EEOC’s 15-employee minimum for most claims) and protects additional categories, such as sexual orientation and gender identity.
Because of a “work-sharing agreement” between the two agencies, you generally only need to file with one. If you file with the DCR, they will automatically “cross-file” your claim with the EEOC, and vice versa. However, deciding which agency to file with initially is a strategic decision that is best made with the guidance of an experienced employment law attorney.
Step-by-Step Guide to Filing a Complaint
The process for filing a complaint (often called a “Charge of Discrimination”) is similar for both agencies. Here is a general overview of what to expect:
1. Understand the Deadlines (Statute of Limitations)
This is the most critical step. If you miss the deadline, you lose your right to pursue a claim.
- EEOC: You generally have 300 days from the date of the discriminatory act to file a charge in New Jersey (because New Jersey has its own anti-discrimination agency).
- DCR: You have 180 days from the date of the discriminatory act to file a complaint with the DCR.
- Filing a Lawsuit Directly: Under the NJLAD, you also have the option to bypass the DCR entirely and file a lawsuit directly in state court. You have two years from the date of the discriminatory act to do this.
2. Gather Your Information
Before you contact either agency, gather all relevant information about your claim. This includes:
- Your contact information and your employer’s contact information (including the number of employees, if known).
- A detailed description of the discriminatory events (what happened, when it happened, who was involved).
- The names and contact information of any witnesses.
- Any supporting documentation (emails, performance reviews, text messages, termination letters).
3. Initiate the Process
- To file with the EEOC: You can start the process online through the EEOC’s Public Portal. You will need to submit an inquiry and then schedule an interview with an EEOC staff member.
- To file with the DCR: You can initiate a complaint by creating an account on the New Jersey Civil Rights Automated Registration System (NJBIAS) and submitting an intake form.
4. The Interview and Drafting the Charge
After you submit your initial information, you will typically have an interview with an investigator from the agency. They will ask you questions about your experience to determine if your claim falls under their jurisdiction. Based on this interview, the agency will draft the formal Charge of Discrimination for you to review and sign.
5. The Investigation
Once the charge is filed, the agency will notify your employer and ask them to respond (usually by submitting a “Position Statement”). The agency will then investigate the claim, which may involve requesting documents, interviewing witnesses, and holding a fact-finding conference.
6. Mediation and Resolution
Both the EEOC and the DCR offer mediation programs. Mediation is a voluntary process where a neutral third party helps you and your employer try to reach a settlement. If mediation is unsuccessful, the investigation will continue.
At the end of the investigation, the agency will issue a determination. If they find “probable cause” that discrimination occurred, they will attempt to conciliate the matter. If they do not find probable cause, they will issue a “Right to Sue” letter, which allows you to file a lawsuit in court.
Why You Need an Attorney
While you are not required to have an attorney to file a complaint with the EEOC or DCR, having legal representation is highly recommended. The administrative process is complex, and employers will almost certainly have lawyers defending them. An attorney can help you:
- Determine the best strategy for your case (e.g., whether to file with the EEOC, the DCR, or go straight to court).
- Ensure you meet all critical deadlines.
- Draft a strong and comprehensive Charge of Discrimination.
- Navigate the investigation and mediation processes.
- Protect you from retaliation by your employer.
Don’t Face the System Alone
Filing a discrimination complaint is a significant step, but it is one you do not have to take alone. The system can be intimidating, but it is designed to protect you. You have the right to work in an environment free from discrimination and harassment, and you have the right to hold your employer accountable when they violate the law.
At our firm, we are dedicated to standing by employees throughout the entire legal process. We will be your advocates, your guides, and your voice. If you are ready to take action against workplace discrimination, we urge you to contact us for a free and confidential consultation. Let us help you navigate the system and fight for the justice you deserve.
Frequently Asked Questions (FAQ)
Q: Do I have to file with the EEOC or DCR before I can sue my employer?
A: It depends on the law you are suing under. If you are suing under federal law (like Title VII or the ADA), you must file a charge with the EEOC and receive a “Right to Sue” letter before you can file a lawsuit in federal court. However, if you are suing under the New Jersey Law Against Discrimination (NJLAD), you can bypass the DCR and file a lawsuit directly in state court.
Q: How long does the EEOC or DCR investigation take?
A: The investigation process can be lengthy. It often takes several months, and in some cases, it can take over a year for the agency to complete its investigation and issue a determination.
Q: What happens if the agency doesn’t find ‘probable cause’? Does that mean I lose?
A: No. If the agency does not find probable cause, it will issue a “Right to Sue” letter. This simply means the agency has finished its process and is closing its file. You still have the right to take your case to court and present your evidence to a judge or jury.