New Jersey Employment Law: How to File a Discrimination Complaint

New Jersey Employment Law: How to File a Discrimination Complaint

New Jersey has established a robust set of employment laws designed to protect workers from discrimination in the workplace. If you believe you have experienced discrimination based on race, color, religion, sex, national origin, disability, or other protected characteristics, it is crucial to know how to file a discrimination complaint properly. This guide outlines the steps you should take to file a discrimination complaint in New Jersey.

Understanding Discrimination Under New Jersey Law

Under the New Jersey Law Against Discrimination (LAD), it is illegal for employers to discriminate against employees or job applicants in hiring, firing, promotion, compensation, job training, or any other terms and conditions of employment. Common forms of discrimination include:

  • Race and ethnicity
  • Gender and sexual orientation
  • Age
  • Disability
  • Religious beliefs
  • Marital or civil union status

Step 1: Document Your Experience

Before filing a complaint, it is essential to gather evidence related to your discrimination claim. This may include:

  • Emails or written communications
  • Witness statements
  • Performance reviews
  • Company policies or handbooks

Maintain a detailed record of incidents, including dates, times, locations, and the names of individuals involved. This documentation will help support your case during the investigation process.

Step 2: Notify Your Employer

While not legally mandatory, it is generally advisable to report the discrimination to your employer or HR department. Provide them with clear information about the incidents and request an internal investigation. This step gives your employer an opportunity to address the situation and may lead to a resolution without the need for external action.

Step 3: Filing a Complaint with the New Jersey Division on Civil Rights

If the issue remains unresolved, you have the right to file a discrimination complaint with the New Jersey Division on Civil Rights (DCR). Here’s how to proceed:

  • Visit the DCR website: Go to the official New Jersey Division on Civil Rights website to access information and resources related to filing a complaint.
  • Complete a complaint form: Download and fill out the discrimination complaint form. Ensure that all sections are complete and truthful.
  • Submit your complaint: You can submit your complaint online or send it via mail or fax. Make sure to keep a copy for your records.

Step 4: Investigation Process

Once your complaint has been filed, the DCR will initiate an investigation. A representative will review your case, gather evidence, and interview witnesses. The investigation process can take several months, and during this time, you may be asked to provide additional information.

Step 5: Receiving the Outcome

After the investigation is complete, the DCR will notify you of their decision. If they find sufficient evidence of discrimination, they may work with you and your employer to reach a settlement. If a settlement cannot be achieved, they can bring the case to an administrative law judge or provide you with guidance on pursuing legal options through the court system.

Step 6: Additional Legal Actions

If you choose to pursue legal action independently, you may want to consult with an attorney who specializes in employment law. They can help you navigate the complexities of the legal process and represent your interests in court if necessary.

Conclusion

Filing a discrimination complaint in New Jersey is a significant step toward addressing unfair treatment in the workplace. By understanding your rights and following the prescribed steps, you can effectively advocate for yourself and help create a more equitable work environment.