How to File a Legal Claim for Discrimination Under New Jersey Employment Law

How to File a Legal Claim for Discrimination Under New Jersey Employment Law

Filing a legal claim for discrimination under New Jersey employment law can be a critical step for employees who believe they have been treated unfairly in the workplace. New Jersey has robust laws to protect employees from various forms of discrimination, including those based on race, gender, age, disability, sexual orientation, and more. Understanding how to navigate the process can help ensure your rights are protected.

Understanding Discrimination Under New Jersey Law

New Jersey's Law Against Discrimination (LAD) prohibits discrimination in employment based on specific protected categories. It applies to employers with 15 or more employees and covers hiring, firing, promotions, and other employment-related decisions. It's crucial to identify whether your case falls under these categories to build a strong claim.

Document Your Experiences

The first step in filing a discrimination claim is to document your experiences thoroughly. Keep detailed records of incidents, including:

  • The date and time of the event
  • What occurred during the incident
  • Names of witnesses and involved parties
  • Any communications regarding the incident (emails, texts, etc.)

This documentation will be very beneficial when presenting your case.

Notify Your Employer

Before going to the legal route, it’s often advisable to notify your employer about the discriminatory behavior. Consider submitting a formal complaint to your HR department or higher management. This step could lead to an internal resolution, which may save you time and stress.

File a Charge with the New Jersey Division on Civil Rights (DCR)

If the issue isn't resolved internally, you may file a charge with the New Jersey Division on Civil Rights (DCR). Here's how:

  1. Gather Evidence: Use the documentation you’ve collected.
  2. Complete the Charge Form: The form can be downloaded from the DCR website.
  3. Submit the Charge: You can submit the form online, by mail, or in person at one of their offices.

Keep in mind that there are time limits for filing a charge, typically within 180 days of the incident.

Consult with an Employment Lawyer

Before proceeding with your claim, consider consulting with an experienced employment lawyer. They can provide valuable insights into your case, help you understand your rights, and guide you through the legal process. A lawyer can also assist with preparing and filing documents and representing you in any hearings.

Possible Outcomes

Once you've filed your claim with the DCR, it will be investigated, and you may have to participate in mediation. Possible outcomes include:

  • Finding of Discrimination: If the investigation favors you, the DCR may issue a finding of discrimination.
  • No Finding: If the evidence doesn’t support your claim, the DCR may dismiss the charge.
  • Right to Sue: If you are unsatisfied with the DCR’s decision, you may receive a "right to sue" letter, allowing you to take your case to court.

Think About Retaliation

It’s illegal for employers to retaliate against employees who file discrimination claims. If you face adverse actions like termination, demotion, or harassment after filing your claim, document these incidents and consult your lawyer immediately.

Conclusion

Filing a legal claim for discrimination under New Jersey employment law involves careful documentation and organization. Understanding the process will help you take the necessary steps to assert your rights effectively. Remember to seek professional legal advice to ensure that you navigate the system successfully and protect your interests.