What to Expect During an Employment Discrimination Investigation in New Jersey

Employment discrimination investigations in New Jersey are a critical process that aims to ensure a fair and equitable workplace for all employees. Understanding what to expect during this process can alleviate anxiety and provide clarity to both employees and employers. Here’s a comprehensive overview of what occurs during an employment discrimination investigation in New Jersey.

1. Initial Complaint Filing

The process begins when an employee files a complaint with the New Jersey Division on Civil Rights (DCR). This complaint must detail the specific instances of discrimination, including the nature of the discrimination (race, gender, age, disability, etc.), the parties involved, and relevant dates. After receiving the complaint, the DCR will conduct a preliminary review to determine if it has merit.

2. Respondent Notification

If the DCR finds the complaint valid, it informs the employer (referred to as the 'respondent') about the allegations. The employer will be given a specific timeframe to respond. This response must address the claims and provide any supporting evidence or documentation.

3. Investigation Process

Once the employer responds, the DCR begins a thorough investigation. This may involve:

• Interviewing the Complainant: The investigator will meet with the employee who filed the complaint to gather further details.
• Interviewing Witnesses: Witnesses or coworkers who may have relevant information about the situation may also be interviewed.
• Collecting Documentation: Relevant documents, such as personnel files, emails, and company policies, are requested to support the investigation.

4. Evidence Evaluation

After collecting information, the investigator analyzes all evidence, looking for patterns, discrepancies, or supporting information. The objective is to determine whether discrimination occurred as alleged. This stage is critical, as it sets the tone for the subsequent steps.

5. Findings and Determination