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Discrimination Lawsuits and the EEOC Administrative Process

If you wish to file an employment complaint under the federal Americans with Disabilities Act, Age Discrimination in Employment Act, Genetic Information Nondiscrimination Act or Civil Rights Act, you must first contend with the administrative process of the Equal Employment Opportunity Commission (EEOC). Federal law requires that all complaints under these statutes originate through the filing of a charge with the EEOC within 180 days of the alleged discriminatory conduct — 300 days if a state or local law prohibits discrimination on the same basis as in New Jersey.

Once you have filed a charge, the EEOC:

  • Investigates your claim to determine if there is probable cause to believe that you have been the victim of discrimination
  • May attempt to settle your case through mediation or opt to file a lawsuit against your employer
  • Could elect to dismiss your charge and issue a Notice of Right to Sue allowing you to bring your case independently in federal court

EEOC investigations can take a long time. Therefore, you may be able to get more satisfactory results by bringing your case in court as a civil lawsuit. If more than 180 days have passed since you filed your charge, you can obtain a Notice of Right to Sue even if the investigation is not yet complete. You can also request one sooner, although there is no guarantee EEOC will grant your request.

Once you receive your Notice of Right to Sue, your New Jersey employment discrimination attorney has 90 days to file your civil suit in federal court. If bringing an age discrimination claim under ADEA, you do not need a Notice of Right to Sue.

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Neil H. Deutsch
Senior Partner

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

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Adam J. Kleinfeldt
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About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

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Robert J. Pantina
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About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

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Diane Englander Peyser
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About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

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