If you have experienced workplace discrimination in New Jersey, acting quickly is essential. The law gives you a limited window to file a claim. Missing that deadline can mean losing your right to seek justice entirely, regardless of how strong your case may be. New Jersey offers protections under both federal and state law, and each comes with its own filing deadline. These deadlines are typically shorter than the time limit that you would have to file a civil personal injury claim, so you must be mindful of them as soon as you have experienced the act of discrimination.
Deadline Under the New Jersey Law Against Discrimination (NJLAD)
New Jersey’s primary state-level protection against workplace discrimination is the New Jersey Law Against Discrimination, commonly known as the NJLAD. This powerful statute prohibits discrimination based on a wide range of protected characteristics, including race, sex, age, disability, religion, and sexual orientation. Under the NJLAD, employees who believe they have been discriminated against have two years from the date of the discriminatory act to file a lawsuit against the defendant directly in New Jersey Superior Court. Unlike an Equal Employment Opportunity Commission (EEOC) complaint, you do not have to file a claim with the New Jersey Division on Civil Rights first to go directly to the Superior Court in the state.
Filing With the New Jersey Division on Civil Rights (DCR)
You may choose to begin your discrimination case by filing a claim with the DCR. Here, the state agency would investigate what happened. DCR may choose to mediate the issue between you and your employer in the hopes of settling. Alternatively, after DCR conducts an investigation, the agency may refer the case to the Office of Administrative Law, where an administrative law judge would decide on your case. However, the deadline for filing with the DCR is significantly shorter, as complainants must file within 180 days of the discriminatory act.
You cannot file your case with DCR at the same time that you go to the Superior Court. You may still file a lawsuit after DCR has reached its own resolution in your case.
Filing With the EEOC (Federal Claims)
Federal law also prohibits employment discrimination. As such, filing your claim with the Equal Employment Opportunity Commission (EEOC) is also an option that is available to you. EEOC has its own statutory deadlines that you must meet to file a claim with the agency. The EEOC has a slightly longer deadline than DCR.
Here, you must file your claim with the EEOC within 300 days after the last discriminatory act has occurred. It is a prerequisite that you file a claim with the EEOC before you take your case to federal court.
What Happens if You Miss the Deadline?
Any “statute of limitations” is a hard-and-fast deadline that restricts the amount of time that you have to file a claim. Missing this deadline will be fatal to your case. An agency or court does not have the ability to hear a case on the merits that is filed after the deadline has passed. The only decision that you would get is to dismiss your claim because you have missed the statute of limitations.
Accordingly, you must act relatively quickly after the act of discrimination to begin the process of seeking compensation, especially when you are going first to a state or federal agency. While there may be exceptions to the statute of limitations that apply, they are always very strictly construed, and you do not want to take the chance of having to prove that they are valid.
If You Are Dealing With a Work-Related Issue in Your Workplace, Our Experienced Mount Laurel Employment Lawyers at Burnham Douglass Are Here to Help
Given the potentially compressed deadlines to file a workplace discrimination claim, you should reach out to our Mount Laurel employment lawyers at Burnham Douglass as soon as possible. To schedule a free consultation, call today at 856-751-5505 or contact us online. With office locations in Marlton and Northfield, New Jersey, we proudly serve clients in the surrounding areas.