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The Role of the Administrative Process in Employment Litigation

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:

  • Suits for age discrimination under the ADEA
  • Suits for gender-based pay discrimination under the Equal Pay Act

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.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

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 Attorney Photo
Bruce L. Atkins
Senior Partner

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 Attorney Photo
Adam J. Kleinfeldt
Partner

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 Attorney Photo
Debra M. McGarvey
Partner

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 Attorney Photo
Carly Skarbnik Meredith
Partner

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.…

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