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.
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 his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation 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 his clients, including a $525,000 jury verdict in a sexual…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
