Chat with us, powered by LiveChat
New Jersey Employee Rights Guide

How to File a Discrimination Complaint in New Jersey, Step by Step

If you were harassed, discriminated against, or punished for speaking up at work, this guide covers how to bring a claim under New Jersey's Law Against Discrimination (LAD). You can file with the Division on Civil Rights (DCR) or sue in Superior Court, and either way you need to protect your deadlines. You can do this without a lawyer.

Our honest advice: read this, then talk to an employment lawyer before you file. In New Jersey, the place you file first can lock you out of the other option.

180days to file with the NJ Division on Civil Rights
2years to sue under the LAD in Superior Court
300days to file with the federal EEOC
Anysize employer is covered by the LAD
First Decision

Two ways to bring your claim. Choose carefully.

New Jersey's Law Against Discrimination does not require you to go to an agency first. You can file a complaint with the Division on Civil Rights (DCR), or you can sue directly in the Superior Court. You cannot do both at once, and a final decision in one forum generally blocks the other.

Agency · DCR investigates

Option A: File with the Division on Civil Rights

  • Must be filed within 180 days of the discrimination
  • A DCR investigator interviews you, drafts a verified complaint for you to sign, and serves it on your employer
  • The DCR offers free dispute resolution and may investigate (witness interviews, site visits, document review)
  • If the DCR finds probable cause, it first tries conciliation. If that fails, the case is prosecuted by a state attorney, either before an administrative law judge at the Office of Administrative Law (no jury) or in court
  • You may withdraw and go to court, but only before any "no probable cause" finding and while you are still within 2 years of the violation
Court · Jury available

Option B: Sue directly in Superior Court

  • Must be filed within 2 years of the discrimination
  • No agency filing is required first
  • You can demand a jury trial
  • All remedies available in common-law injury (tort) lawsuits are available, and the court may award attorney's fees if you prevail
  • You run the case yourself: drafting, serving, discovery, motions, and trial
  • While your lawsuit is pending, you cannot file the same claim with the DCR
The Process

8 steps to file your New Jersey discrimination complaint

Do these in order. Each step depends on the one before it, and skipping one can sink your case.

1

Make sure the LAD covers your claim and you're still on time

The LAD bans workplace discrimination and harassment based on race (including traits historically associated with race, such as hair texture and protective hairstyles), creed, color, national origin, ancestry, nationality, age, sex, pregnancy or breastfeeding, gender identity or expression, affectional or sexual orientation, marital, civil union, or domestic partnership status, disability (including HIV/AIDS), genetic information (including refusing a genetic test), atypical hereditary cellular or blood traits, and liability for military service. It also bans retaliation. That includes punishing you for opposing discrimination, filing a complaint, testifying, or asking a lawyer for advice about your rights.

  • The LAD covers employers of any size, including the State and local governments. There's no minimum number of employees.
  • Harassment is illegal when it happens because of a protected trait and is severe or pervasive enough that a reasonable person in your position (for example, of your race or sex) would believe the conditions of employment were altered and the workplace became hostile or abusive. In rare cases one severe incident, such as a slur from a supervisor, can be enough, and you don't have to show you lost pay or your job.
  • Deadlines: 180 days to file with the DCR, or 2 years to sue in Superior Court. For ongoing harassment, the clock generally runs from the last act in the pattern. A firing, demotion, or denied promotion each starts its own clock.
  • Federal employees generally must use the federal EEO process instead and contact their agency's EEO counselor within 45 days. Ordinary unpaid wage and overtime claims are not LAD claims. They go to the NJ Department of Labor and Workforce Development or to court. But being paid less because of your sex, race, or another protected trait is an LAD claim.
2

Gather your information

  • Your employer's correct legal name and address (check a paystub or W-2)
  • The name and job title of each person who harassed or discriminated against you, and each manager who allowed it
  • The date of each incident, especially the last one
  • What happened to you: firing, demotion, pay cut, harassment, denied accommodation, and so on
  • Witness names, texts, emails, photos, pay records, and performance reviews
  • Any arbitration agreement or handbook acknowledgment you signed or clicked through. It may move your case out of court.
💡 Not sure which company employed you (for example, a staffing agency or its client)? Write down every business that may have employed you.
3

Choose your path: the DCR or Superior Court

This is the most important decision in a New Jersey case. Filing a lawsuit bars a DCR complaint while the suit is pending. A DCR case, while it's pending, is the exclusive way to pursue that claim, and the DCR's final determination bars a later lawsuit over the same grievance.

⚠️ If you start at the DCR and later want a jury, you must withdraw before the DCR issues a "no probable cause" finding, and you must still be within 2 years of the violation to sue. Waiting on the agency can cost you the court option.
4

DCR path: submit an intake form

To file with the DCR, first submit an intake form online through the NJ Bias Investigation Access System (NJBIAS) at bias.njcivilrights.gov, available in English and Spanish. You can also call 1-833-NJDCR4U (833-653-2748) and a DCR receptionist will help you fill it out. A DCR investigator will then call you for an intake interview to confirm the DCR can take your complaint, including whether the violation happened within the last 180 days.

💡 Need help? NJ Relay: 711. NJBIAS technical support: 862-350-5150. Free interpretation is available in other languages: LanguageHelp@njcivilrights.gov.
5

Review the verified complaint before you sign it

If the DCR accepts your case, it prepares a verified complaint for your signature, and you become the "Complainant." The DCR writes it from your intake interview, so read every line before you sign. It has to name each business or person you are accusing and give the particulars of what happened.

  • Name your employer and each individual who took part
  • Include every protected trait and every harm that applies
  • If you complained and were then punished, make sure it includes retaliation
  • Check that the dates are right, especially the date of the last incident
💡 A verified complaint is a sworn statement. Be accurate and keep it simple.
6

Follow the DCR case and watch the 2-year clock

The DCR serves your complaint on your employer, which must file an Answer and a Position Statement that you can review. The DCR offers free dispute resolution at any point and investigates the complaint. At the end, the DCR issues a finding of probable cause (the DCR tries conciliation, and if that fails, the case is prosecuted before an administrative law judge or in court) or no probable cause (a final decision against you on the merits, and the case is closed).

  • 180 days after filing, you can ask the DCR to send your case to the Office of Administrative Law for a hearing, unless the DCR has already found no probable cause or dismissed the complaint.
  • A "no probable cause" finding can be appealed to the Appellate Division within 45 days of the date you are served with it.
⚠️ The DCR says you can withdraw to go to Superior Court only if it has been less than 2 years since the violation and the DCR has not issued a no-probable-cause finding. Keep that 2-year date on your calendar while your DCR case is pending. Under DCR rules updated effective January 5, 2026, the Director may continue the case, or file a new complaint on the same facts, even after you withdraw. A withdrawn complaint can generally be refiled while it is still within the filing deadline.
7

Protect your federal claims with the EEOC

Federal laws such as Title VII, the ADA, and the Age Discrimination in Employment Act have their own deadlines. In New Jersey, a charge with the U.S. Equal Employment Opportunity Commission generally must be filed within 300 days of the discrimination (for harassment, 300 days from the last incident). The EEOC says a charge filed with a state fair-employment agency is automatically "dual-filed" with the EEOC when federal law applies. Ask the DCR investigator to confirm your complaint will be dual-filed. If you go straight to Superior Court, file a separate EEOC charge (EEOC Public Portal or 1-800-669-4000) if you want federal claims.

After the EEOC issues a Notice of Right to Sue, a federal lawsuit must be filed within 90 days. (Age claims work differently: you can sue 60 days after filing your EEOC charge without a notice, but if the EEOC closes your charge and notifies you first, you must sue within 90 days of receiving that notice.) Title VII generally covers employers with 15 or more employees, so smaller employers may be reachable only under the LAD.

8

Court path: file in the Superior Court, Law Division

File in the county where the discrimination happened or where any party lives. A corporation is treated as living in the county of its registered office and in any county where it actually does business. If you are suing a government employer, file in the county where the discrimination happened.

  • File a complaint with a Case Information Statement (CIS). Without the CIS or the filing fee, the clerk will return your complaint unfiled. Self-represented filers can generally file electronically through JEDS (the Judiciary Electronic Document Submission system), by mail, or in person.
  • The filing fee for a Law Division complaint is $250. If you can't afford it, submit the court's fee-waiver certification with your financial records and a proposed order.
  • To get a jury, serve a written jury demand. You can put it at the end of your complaint, and it must be served no later than 10 days after service of the last pleading on that issue (usually the defendant's answer). If you miss it, you waive a jury trial.
  • Serve the summons, complaint, and CIS on every defendant right away, through the county sheriff or a private process server.
  • LAD law requires you to mail a copy of your complaint to the Division on Civil Rights at the same time you file it with the court, and later any amended pleadings, briefs, and legal memoranda.
💡 Free court forms and self-help guides: njcourts.gov/self-help
Interactive Tool

Check your deadlines

Enter the date of the last act of harassment, discrimination, or retaliation, such as your termination date. The tool estimates the main filing deadlines.

These are estimates only. Special rules can shorten or extend a deadline, for example if you were a minor, found out about the facts later, or your employer is a government agency. If a deadline falls on a weekend or holiday, file before it rather than counting on an extension. Confirm your deadlines with a lawyer.

Enter a date to see your deadlines—Your results appear here instantly.
Good to Know

Can I file against just the coworker who harassed me?

Usually not under the LAD alone. The LAD puts responsibility on the employer. A supervisor or coworker is personally liable under the LAD only if they "aided or abetted" the unlawful conduct, which courts say requires active and purposeful conduct. Courts have been reluctant to hold a coworker liable under the LAD just for their own harassment. The LAD's retaliation provision covers "any person," so an individual who retaliates against you may be treated differently.

A harassing coworker can still face separate personal claims, such as assault, battery, or emotional distress, and those have their own deadlines. In most cases, naming both the employer and the individuals involved protects far more of your rights.

Watch Out

Some deadlines are shorter than the LAD's

Related claimTypical deadline
Whistleblower retaliation (CEPA)1 year. Filing a CEPA lawsuit can waive certain other claims, so talk to a lawyer first.
Defamation (false statements about you)1 year from publication
Assault, battery, emotional distress2 years
Sexual assault (adult)7 years from reasonably discovering the injury and that it was caused by the assault
Non-LAD tort claims against a government employerWritten notice of claim within 90 days. A judge may allow late notice within 1 year only in extraordinary circumstances. LAD claims and sexual-assault claims do not need this notice.
Unpaid minimum wage or overtime (NJ Wage and Hour Law)6 years
Federal EEOC charge300 days
Federal lawsuit after EEOC notice90 days

These claims don't go through the DCR. Don't assume a DCR filing pauses their deadlines.

Before You File

You can do this alone. You shouldn't have to.

In New Jersey, your first filing choice can decide whether you ever get a jury. What goes into your complaint, and what's left out, can shape the case before it reaches a courtroom. Your employer will have lawyers from the start, and you should too.

Choose the right forumThe DCR or Superior Court? Once you choose, it can be hard or impossible to switch.
Never miss a deadlineDCR, court, EEOC, whistleblower, and government-notice deadlines all run on different clocks.
Maximize your recoveryIn court, you may be able to recover lost wages, emotional distress damages, punitive damages for especially egregious conduct, and attorney's fees if you prevail, and you can have a jury trial.
No fees or costs unless you recoverWe handle employment cases on contingency. You pay no attorney's fees unless you recover, and if there is no recovery you are not responsible for the case costs we advanced.

Free, Confidential Consultation

Talk to a New Jersey employment lawyer about your case today.

(973) 388-8625

Derek Smith Law Group, PLLC
Responsible attorney: Derek T. Smith, Esq.
60 Washington Street, Suite 101B
Morristown, NJ 07960

Request a Free Case Review →

Over $500 million in settlements and verdicts obtained for employees firm-wide, across all offices* · We represent employees, not employers

*Gross amounts. Each result depended on the facts of that case, and results will differ if based on different facts. Results may vary depending on your particular facts and legal circumstances. Prior results do not guarantee a similar outcome.

FAQ

Common questions

Do I have to file with the DCR before I can sue?

No. Unlike California law and most federal discrimination laws, New Jersey lets you sue under the LAD directly in Superior Court without filing with the Division on Civil Rights first. You have 2 years from the violation to do so.

Can I file with the DCR and in court at the same time?

No. The DCR says you can't file with both at the same time. Filing a lawsuit bars a DCR complaint while the suit is pending, and a DCR case, while pending, is the exclusive way to pursue that claim. If you start at the DCR, you can withdraw and go to court, but only before any "no probable cause" finding and within 2 years of the violation.

Does it cost anything to file with the DCR?

The DCR's filing instructions do not list a filing fee. It also offers free dispute resolution and free interpretation services. If you sue in the Superior Court, the filing fee for a Law Division complaint is $250, and you can ask the court to waive fees if you can't afford them.

Do I need a lawyer to file with the DCR?

No. The DCR says an attorney is not required. But the forum you choose, the people you name, and the claims you include can affect your case for good. Talk to a lawyer before you sign a verified complaint.

What if the DCR finds "no probable cause"?

You can appeal to the Appellate Division of the Superior Court. The notice of appeal must be filed within 45 days of the date you are served with the finding. After a no-probable-cause finding, you can no longer withdraw your DCR complaint to file in Superior Court.

I signed an arbitration agreement. Can I still go to court?

Maybe. New Jersey law says employment contract provisions that waive rights or remedies for discrimination, retaliation, or harassment claims are unenforceable, but a New Jersey appeals court has held that federal arbitration law overrides that rule for many arbitration agreements. Under a separate federal law, if your case involves sexual harassment or sexual assault and the dispute arose on or after March 3, 2022, you can generally choose not to be bound by an arbitration agreement you signed before the dispute arose. Have a lawyer review the agreement.

My employer had me sign a confidentiality agreement. Can I still talk about what happened?

Generally, yes. Under the LAD, a provision in an employment contract or settlement agreement that has the purpose or effect of concealing the details of a discrimination, retaliation, or harassment claim is unenforceable against the employee. This applies to agreements signed, renewed, or changed on or after March 18, 2019, and it can also cover "non-disparagement" clauses that would stop you from describing the discrimination. Non-compete agreements and agreements protecting non-public trade secrets, business plans, and customer information are treated differently.

Will my employer find out I filed?

Yes. The DCR serves the verified complaint on your employer, and a court complaint must be served on each defendant. Retaliating against you for filing a complaint is itself illegal under the LAD and is a separate claim.

Attorney Advertising. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Last reviewed October 2026. This page gives general information about New Jersey law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and deadlines can depend on facts not covered here. Results may vary depending on your particular facts and legal circumstances. Prior results do not guarantee a similar outcome. Official DCR resources: njcivilrights.gov. Court self-help: njcourts.gov. © Derek Smith Law Group, PLLC.