Many people come to us eager for their day in court against an employer who treated them unjustly or refused to address on-the-job harassment. They are surprised, however, when we tell them that they first must file an administrative complaint with the Equal Employment Opportunity Commission (EEOC).
The federal laws that prohibit employment discrimination make an administrative charge a prerequisite to filing a suit in federal court. While it is not necessary to go through the entire administrative process before bringing suit, a failure to file a timely EEOC complaint could ultimately bar your claim. Federal courts routinely dismiss discrimination suits that are not preceded by an administrative charge. This can occur regardless of the merits of your claim. There are major two exceptions:
Fortunately, all hope is not lost for those who failed to file a timely EEOC charge. Unlike its federal counterpart, New Jersey’s Law Against Discrimination allows employees to bring suit in Superior Court without first pursuing the administrative remedies available from the New Jersey Division of Civil Rights.
Nevertheless, it is still important to preserve both your state and federal rights, as it may not be clear initially whether the federal or state process is a better option. Moreover, the processes are not mutually exclusive. By consulting an experienced employment law attorney early, you can keep your options open.