Equal Employment Opportunity Commission/ Division of Civil Rights
In New Jersey, there are two agencies, one Federal and one State, that allow employees the opportunity to file a charge or complaint of discrimination against an employer separate and apart from, or in addition to, filing a lawsuit in court.
The Equal Employment Opportunity Commission, or EEOC, is a federal agency that will investigate charges for discrimination or retaliation under Title VII of the Federal Civil Rights Act as well as other federal laws. The New Jersey Division of Civil Rights, or NJDCR, is a state agency that will investigate a charge of discrimination against any employer involving claims under the New Jersey Law Against Discrimination.
Depending upon the facts and circumstances, there may be certain advantages or disadvantages of filing a charge of discrimination with one or both of these agencies. In addition, there are certain strict time limitations that apply to filing complaints with these agencies.
If you file a charge with EEOC, they will conduct an investigation and issue a determination which will inform you of your legal right to sue the employer within ninety (90) days of your receipt of the Notice. However, allowing the New Jersey Division of Civil Rights to investigate your complaint may prevent you from later being able to pursue your claim in a legal action or lawsuit.
Whether filing a charge with the EEOC or the Division of Civil Rights, both agencies will engage in a fact finding investigation and an attempt to resolve the case through mediation or settlement. Because anything you do or say in connection with a charge of discrimination or any proceeding conducted by the EEOC or the Division of Civil Rights may impact your rights and your ability to file a legal claim, it is important for you to have legal representation to make sure that your legal rights and interests are protected.
To speak with an experienced New Jersey Employment Law Attorney, contact the Law Offices of Gregory S. Schaer, LLC, conveniently located in Monmouth County, New Jersey.