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How
to File a Complaint |
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Contact
the Division I
Fact
Sheets |
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 Employment
Discrimination Complaint Pre-Interview Questionnaire
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 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. |
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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). |
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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. |
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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). |
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 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. |
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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: |
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Names
and addresses of the person or persons alleged
to have discriminated against you and names
of possible witnesses.
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Documentation
to support that claim. Documentation to
support the damages being sought, such as
wage statements, proof of medical expenses.
- The
Employment
Discrimination Complaint Pre-Interview Questionnaire
(pdf), if you are filing an employment discrimination
claim. The form is intended to be used as
a guide and we recommend that you fill it
out and bring it with you if you decide to
visit a Division office for purposes if filing
an official complaint.When you appear in person,at
a Division office, be prepared to provide
the information requested in the questionnaire.
You may not complete the questionnaire and
send it to the Division. The completion of
the form in no way constitutes the official
filing of a complaint with the NJ Division
on Civil Rights.
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If
you have further questions, please review our
informative fact
sheets. |
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