Complaints must be filed with the Division on Civil Rights within 180 days after the alleged act of discrimination. A complaint can be filed at any of our five regional offices. To make arrangements contact the office nearest to you. We cannot accept complaints via e-mail at this time.

Once a complaint is accepted, the Division will conduct an investigation. Following the completion of the investigation, the Director will determine whether or not probable cause exists to believe that unlawful discrimination has occurred. If a finding of probable cause is issued, the case will be transmitted to the Office of Administrative Law where a full hearing will take place before an Administrative Law Judge. The case may be litigated by a state Deputy Attorney General on behalf of the Division, or the complainant may choose to litigate the case personally or through private counsel. If a finding of no probable cause is issued, the case is closed without further proceedings by the Division. If the Director has not made a probable cause determination within 180 days of the filing of the complaint, the complainant may request to litigate the case at the Office of Administrative Law either personally or through private counsel (but not by a Deputy Attorney General).

If, after investigation and an administrative hearing of a complaint, the Director determines that unlawful discrimination occurred, the Director can order the respondent to take affirmative action to remedy the discrimination. The Director is authorized to order relief such as reinstatement, hiring, or upgrading of the employee, and may also award back pay and damages for pain and humiliation. Further, after the hearing, the Director may also award attorneys fees to prevailing complainants and may assess a statutory penalty against the responding party.

Alternatively, an aggrieved party may file a complaint in New Jersey Superior Court within two years of the alleged violation (six years if the alleged violation occurred before July 27, 1993).

A person may initiate an action in Superior Court without first filing a complaint with the Division. However, filing a complaint in Superior Court bars the filing of a simultaneous complaint with the Division because a person may not process a complaint of discrimination simultaneously before the Division and in Superior Court. A person who files an action in Superior Court, is entitled to a jury trial. A successful litigant may be awarded reinstatement, hiring or upgrading and back pay as well as damages for pain and humiliation. In more egregious cases, an award of punitive (punishment) damages may be made. An award of attorneys fees is also available to prevailing parties in Superior Court.

It is important that initial information given to the Division be as complete and accurate as possible. When a complaint is filed, it is helpful to bring the following information: