It is the law in the State of New Jersey and the policy of the New Jersey Department of Corrections (NJDOC) that no employee shall be discriminated against or harassed on the basis of affectional or sexual orientation, gender identity or expression, age, ancestry, atypical hereditary cellular or blood trait, genetic information, color, creed, disability, familial status, liability for military service, marital/civil union status, national origin/nationality, race, religion, retaliation (for having filed or participated in a previous discrimination complaint), sex/gender (including pregnancy), sexual harassment or domestic partnership status.

It is also the law in the State of New Jersey and the policy of the New Jersey Department of Corrections (NJDOC) that no employee shall be retaliated against for opposing policies or practices within the NJDOC that the employee believes to be discriminatory or retaliatory, including the filing of a complaint of employment discrimination or for participating in a discrimination proceeding.

Legal Definitions

YOUR INTERNAL COMPLAINT

If you believe that you have been the victim of employment discrimination, which includes harassment, and/or retaliation, you may complete this complaint form and file it with the NJDOC Equal Employment Division office (EED) at the following address:

New Jersey Department of Corrections
Equal Employment Division
Whittlesey Road
P.O. Box 863
Trenton, New Jersey 08625
(609) 292-5623

You may also file this complaint form with the Associate/Assistant Superintendent Liaison (ASL) at your facility. The ASL is required to promptly notify the EED of your complaint and to forward a copy of your complaint to the EED. A list of the Associate/Assistant Superintendent Liaisons is attached.

Complaints made to the EED office or the ASL are to be made within 30 days of the last act of alleged discrimination, harassment or retaliation, or the date on which the complainant should reasonably have known of its occurrence.

Note: (Put Blurb about editable forms to be emailed and/or printed)

NJDOC Equal Employment Division (EED) Complaint Form

NJDOP Discrimination Complaint Processing Form

Complete Complaint Form Package

EXTERNAL COMPLAINT

You may also file a complaint of employment discrimination with:

1. Division on Civil Rights (NJDCR)
New Jersey Department of Law and Public Safety

This is a State agency that handles complaints of employment discrimination against all employers statewide. The complaint must be made within 180 days of the last act of alleged discrimination, harassment or retaliation, or the date on which the complainant should reasonably have known of its occurrence.

2. United States Equal Employment Opportunity Commission (EEOC)

This is a federal agency that handles complaints of employment discrimination nationwide. A complaint must be made within 240 or 300 days (depending on the circumstances) of the last act of alleged discrimination, harassment or retaliation.

To find out how to file a complaint with any of these agencies, you may contact the agency directly at the above addresses and telephone numbers.

YOUR RIGHTS UPON FILING A FORMAL COMPLAINT WITH EED

You have the right not to be retaliated against for making this complaint. If you believe that you are being retaliated against for making this complaint, you have the right to file a separate complaint of retaliation with the New Jersey Department of Corrections through the EED or the Associate/Assistant Superintendent Liaison (ASL) at your facility.

Individuals who cooperate with the investigation of this complaint have the right not to be retaliated against for their cooperation. Individuals who believe that they are being retaliated against for cooperating with the investigation of a complaint of employment discrimination have the right to file a complaint of retaliation with the New Jersey Department of Corrections through the EED or the ASL at the individual's facility.

You have the right to object to the choice of investigator assigned to your complaint. If you file a complaint with the NJDOC EED Office, the EED supervisor will decide whether your complaint will be investigated by the EED Office or by the ASL at your facility. If you do not want the ASL at your facility to investigate your complaint, there is a section in the complaint form that allows you to explain the reasons why you do not want the ASL assigned to your complaint. The EED office will review your reasons for the objection and determine whether there is cause to assign an EED Investigator in lieu of the ASL.

You have the right to know the status of the investigation of your complaint. You may contact either the ASL, the EED supervisor or the assigned investigator to inquire regarding the status of the investigation of your complaint and to add any additional allegations while your complaint is pending determination by EED.

If you are interviewed regarding your complaint, this will occur during your workday without use of any leave time, unless you prefer to be interviewed at some other time on your personal time.

You are entitled to a prompt written decision regarding your complaint. The Department of Personnel has established a standard time of 120 days to respond to complaints, with extensions if necessary. EED makes every effort to issue a determination to a complaint within 60 days, to the extent possible. If more than 60 days is needed, EED advises the complainant by letter.

You have the right to appeal to the New Jersey Department of Personnel. If you do not agree with the decision of the EED office, you may appeal that decision to the New Jersey Department of Personnel at the following address:

Director, Division of MSP&LR
New Jersey Department of Personnel
Merit System Board Services-Unit B
P.O. Box 312
Trenton, NJ 08625

Your appeal must be in writing and filed within 20 calendar days after your receipt of the decision issued by the EED office. A copy of all materials you presented to the EED office must be sent along with the letter of appeal to the New Jersey Department of Personnel. The Division of MSP&LR will decide the appeal on a review of the written record or such other proceeding, as it deems appropriate.

You have the right to know if disciplinary action will be pursued as a result of the investigation into your complaint. If the EED office finds probable cause to believe that the Department of Corrections policy prohibiting discrimination, harassment and retaliation was violated and disciplinary action will be pursued, you are entitled to receive written notice of this fact.

You have the right to know who is assigned as management representative and to object to the choice of the management representative for the disciplinary hearing. If you inform the EED office that you object to the chosen management representative, the reasons you provide will be considered and the management representative will be changed, if a change is warranted.

If you are called to testify at a discipline hearing, you will be permitted to attend without use of any leave time.

You have the right to be notified of the outcome of the disciplinary hearing. Once the discipline process is complete, you will be advised of the outcome.

PLEASE KEEP THIS DOCUMENT FOR FUTURE REFERENCE
Contact EED Liasons