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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.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

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 premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, 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…

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Diane Englander Peyser
Attorney

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

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About 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),…

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    I would gladly recommend Debra because of her attention to detail and her willingness to go out of her way to educate clients about how to achieve the best possible outcomes. She is a great advocate and a pleasure to work with.

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    I would strongly recommend the legal service of Neil Deutsch and staff. I interviewed three law firms before deciding on Deutsch Atkins for my Employment Discrimination case against a large multi-national employer. Neil was very responsive and availa...

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    I retained Bruce Atkins for an employment related matter. Bruce and his entire team are honest, professional, responsive, and knowledgeable. He really takes the time to guide his clients through a tough situation, and explain all avenues. He certain...

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