New Jersey ( NJ ) Employment Discrimination Law in the Workplace

August 24th, 2006 Posted by Karen

Well, researching New Jersey’s employment discrimination laws in the workplace has proved that New Jersey is much like many other states. They provide a state-run agency to help investigate and resolve claims and they have expanded on the standards set by federal employment discrimination laws in the workplace.

In New Jersey, it is illegal to discriminate on the basis of affectional or sexual orientation, age, ancestry, color, creed, disability (physical or mental), genetics (cannot consider or test for hereditary cellular traits, blood traits, or other genetic information), liability for military service, marital status, nationality, national origin, race, religion, or sex. Disability under New Jersey statutes does not have to have a substantial limitation on a major life activity and businesses with 1 or more employees are held accountable for any discriminatory acts.

Aside from more factors which are considered discriminatory, New Jersey’s employment discrimination laws in the workplace are very strict and specific concerning age discrimination. Workers under 40 are protected and those who are at least 70 cannot claim discrimination on failure to hire although other age discrimination claims for this age group are valid. Employees who win their age-related cases are able to recover damages for emotional pain and suffering as well as damages which are set as punishment for the employer.

Claims in New Jersey can be filed with one of two agencies: the state agency, the New Jersey Division on Civil Rights (DCR), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The EEOC can be contacted at Phone: (973) 645-6383 or TTY: (973) 645-3004 and the DCR can be contacted at the following offices:

  • Atlantic City
    Phone: (609) 441-3100
  • Camden
    Phone: (856) 614-2550
  • Newark
    Phone: (973) 648-2700
  • Paterson
    Phone: (973) 977-4500
  • Trenton
    Phone: (609) 292-4605
  • TTY User Information
    Dial 711 and ask the Relay Operator to contact the Division at (609) 292-7701.

Claims through the DCR must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the DCR and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. New Jersey does not require you to file with the DCR before you file a case in the state courts; however, if you do file with them and they issue a “no cause” determination, you will not be able to pursue your case under state law but you can appeal this determination. Federal courts do require that you file your claim through the EEOC before you are able to file in the federal court system. Additionally, the EEOC must release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. Lawsuits filed in New Jersey’s state court system have a 2 year time limit from the time the discriminatory act occurred. If you did file with the DCR, you may request a ‘right to sue’ notice after your case has been pending for 180 days.

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Posted in Discrimination, Employment Laws, Hostile Environment, New Jersey

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