join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More
Search Workipedia:  
« Go Back

Filing a Discrimination Complaint in New Jersey

How do you file a complaint against an employer who has discriminated against you?

New Jersey employees have a number of options when making a charge of discrmination against their employers.  It is important to note that the decisions you make early on can have significant effects on the outcome of your case. 

Should you pursue an administrative process or go straight to court? 

The first decision faced by an employment discrimination plaintiff is where to lodge your complaint. 

Should you lodge your complaint with a federal agency or state agency? 

If you are suing under the New Jersey Law Against Discrimination (N.J.S.A. § 10:5-1 et seq.), then you can choose to file a charge of discrimination with the New Jersey Division on Civil Rights or in New Jersey the Superior Court of New Jersey.  But you cannot do both.  This is known as an “election of remedies.”

If you are suing under a federal statute, you must first file a charge of discrimination with the Equal Opportunity Employment Commission (EEOC).  The EEOC’s website is here.  After 180 days have elapsed, you have the option of requesting a “right to sue” letter that will allow you to file suit in court or continuing with the administrative process.

Should you file your case in federal court or state court? 

Some cases can only be filed in federal court, the United States District Court for the District of New Jersey, and some can only be filed in state court, the Superior Court of New Jersey.  Others can be filed in either forum.  An examination of all the facts and circumstances of a particular case must be made in order to choose the appropriate forum.

Lawyer Login: Workipedia • EL Match

Auto-login Show name as online

Forgot your password?I Want To Participate!

Workipedia Navigation

Our Editors:

Most Active Contributors:

How To Contribute


  • Page Views: 0
  • Logged in Attorneys:
  • Total guests:

Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Jackson Lewis P.C. | New York | New Guidance for the New York Paid Family Leave Payroll Deduction (March 07, 2018)