FEPA Discrimination Charge and Right-to-Sue Procedure — New Jersey

FEPA Discrimination Charge and Right-to-Sue Procedure (NEW JERSEY)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

MEMORANDUM — PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT

I. Threshold Coverage Analysis

II. Forum Selection — Election of Remedies (N.J.S.A. 10:5-13)

Recommendation: ☐ File with DCR ☐ File directly in Superior Court ☐ File with DCR and withdraw before probable-cause determination to preserve court rights ☐ Dual-file with EEOC + Superior Court

III. Statute-of-Limitations Calculation

IV. Damages Estimate

V. Recommendation

[NARRATIVE: filing path, deadlines, strategy, document preservation, witness contact plan, internal-complaint exhaustion if any]

Part B — Charge of Discrimination (DCR Verified Complaint via NJBIAS)

[DATE: __/__/____]

Filed via NJ Bias Investigation Access System (NJBIAS): bias.njcivilrights.gov

COMPLAINT TO THE NEW JERSEY DIVISION ON CIVIL RIGHTS

I. Bases of Discrimination (check all that apply)

☐ Race/color ☐ Creed/religion ☐ National origin/ancestry ☐ Age ☐ Sex ☐ Pregnancy/breastfeeding ☐ Gender identity/expression ☐ Affectional/sexual orientation ☐ Marital/civil-union/domestic-partnership ☐ Familial status ☐ Disability/AIDS/HIV ☐ Genetic information ☐ Military service ☐ Source of lawful income ☐ Retaliation for opposing discrimination or participating in protected activity

II. Statement of Particulars

1. Hire and Position. I was hired by [EMPLOYER] on [__/__/____] as a [JOB TITLE]. My direct supervisor was [NAME]. My most recent annual salary was $[________].

2. Protected Class. I am a member of the following protected class(es) under the LAD: [____________]. [Disclose to extent relevant: pregnancy status, disability and accommodations sought, religion, etc.]

3. Adverse Action(s). On or about [__/__/____], [DESCRIBE ADVERSE ACTION — termination, demotion, discipline, denial of promotion, denial of accommodation, harassing conduct, retaliation, etc.].

4. Discriminatory Conduct.
   - [Incident 1 — date, location, actors, conduct, witnesses, documents]
   - [Incident 2 — date, location, actors, conduct, witnesses, documents]
   - [Incident 3 — date, location, actors, conduct, witnesses, documents]

5. Comparators / Pattern. Similarly situated employees outside my protected class were treated more favorably: [NAMES, CIRCUMSTANCES].

6. Notice to Employer / Internal Complaint. On [__/__/____], I reported the conduct to [HR / SUPERVISOR / MANAGER]. The employer's response was: [____________].

7. Reasonable Accommodation Request (if applicable). On [__/__/____], I requested [accommodation] for [disability/religion/pregnancy]. The employer [denied / failed to engage in interactive process / granted but later revoked].

8. Retaliation. After I [filed internal complaint / requested accommodation / participated in investigation] on [__/__/____], I was subjected to [adverse action] on [__/__/____].

9. Damages. As a result of the discriminatory conduct, I have suffered: lost wages, emotional distress, medical expenses, reputational harm, and other damages in an amount to be determined.

III. Relief Requested

☐ Reinstatement to former position
☐ Back pay and front pay
☐ Compensatory damages for emotional distress
☐ Punitive damages
☐ Attorney's fees and costs
☐ Injunctive relief — policy changes, training, posting of LAD notices
☐ Expungement of disciplinary records
☐ Cease-and-desist order

IV. Verification (Required — N.J.S.A. 10:5-18)

I, [COMPLAINANT NAME], being duly sworn upon oath, depose and say that I have read the foregoing Complaint and that the statements contained therein are true to the best of my knowledge, information, and belief.

______________________________
[COMPLAINANT SIGNATURE]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [________], [____].

______________________________
Notary Public / DCR Investigator

V. Cross-Filing Request

☐ I request that DCR cross-file this Charge with the U.S. Equal Employment Opportunity Commission (EEOC) pursuant to the EEOC-DCR Workshare Agreement to preserve my federal Title VII / ADA / ADEA / GINA rights.

Part C — Right-to-Sue / Withdrawal Demand Letter

[DATE: __/__/____]

Via NJBIAS Portal AND U.S. Mail (Certified, Return Receipt Requested — Article No. [________________]) AND Email to [email protected]

RE: Request to Withdraw Verified Complaint and Notice of Intent to File Civil Action — DCR Docket No. [________________]

Dear Director:

Pursuant to N.J.A.C. 13:4-12.1 and the Complainant's election of remedies under N.J.S.A. 10:5-13, Complainant [NAME] hereby requests that the above-captioned Verified Complaint, filed on [__/__/____], be WITHDRAWN WITHOUT PREJUDICE to permit Complainant to file a civil action under the LAD in the Superior Court of New Jersey, Law Division.

No final determination of probable cause has been issued. Complainant understands that withdrawal preserves the right to commence a civil action and that re-filing with DCR after withdrawal is not contemplated.

Please issue an Order of Withdrawal Without Prejudice at the earliest opportunity and confirm in writing. Complainant intends to file a Complaint in the Superior Court within the 2-year statute of limitations established by Montells v. Haynes, 133 N.J. 282 (1993).

If DCR has cross-filed this matter with the EEOC, please simultaneously request a Notice of Right to Sue from the EEOC under 29 C.F.R. § 1601.28 to preserve federal Title VII / ADA / ADEA / GINA rights.

Thank you for your prompt attention.

Respectfully,

______________________________
[COMPLAINANT or COUNSEL]
[Firm, Address, Phone, Email, NJ Bar No.]

cc: [EMPLOYER / COUNSEL]; EEOC Newark Area Office (if cross-filed)

Part D — Pre-Suit Civil Complaint (Superior Court of New Jersey, Law Division)

SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: [____________] COUNTY
Docket No.: L-[________]-[__]

Civil Action
COMPLAINT AND JURY DEMAND

Plaintiff [NAME], by way of Complaint against Defendants, says:

Parties

1. Plaintiff [NAME] is an adult individual residing at [ADDRESS], a member of one or more classes protected by the LAD.
2. Defendant [EMPLOYER] is a [corporation/LLC] with its principal place of business at [ADDRESS], transacting business in [COUNTY], New Jersey.
3. Defendant [INDIVIDUAL SUPERVISOR] is an adult individual employed by Defendant Employer who aided and abetted the unlawful conduct described herein within the meaning of N.J.S.A. 10:5-12(e).

Jurisdiction and Venue

4. Subject-matter jurisdiction is proper under N.J.S.A. 10:5-13.
5. Venue is proper in [COUNTY] County under R. 4:3-2 because the discriminatory acts occurred in this County and/or Defendants transact business in this County.
6. Plaintiff timely [filed with DCR on [__/__/____] and withdrew without prejudice on [__/__/____]] / [elected to proceed directly in Superior Court without DCR filing under N.J.S.A. 10:5-13]. This Complaint is filed within the 2-year statute of limitations under Montells v. Haynes, 133 N.J. 282 (1993).

Factual Allegations

7. [Hire date, position, supervisor, salary, performance history]
8. [Protected class and disclosure to employer]
9. [Discriminatory conduct in detail — incidents, witnesses, documents]
10. [Internal complaint and employer response]
11. [Adverse action — termination/demotion/constructive discharge]
12. [Damages]

COUNT I — Discrimination in Violation of the LAD (N.J.S.A. 10:5-12(a))

13. Plaintiff repeats the preceding paragraphs.
14. Defendants discriminated against Plaintiff on the basis of [protected class] in compensation, terms, conditions, or privileges of employment in violation of N.J.S.A. 10:5-12(a).
15. As a direct and proximate result, Plaintiff has suffered lost wages, emotional distress, and other damages.

COUNT II — Hostile Work Environment / Harassment (LAD; Lehmann v. Toys 'R' Us)

16. Plaintiff repeats the preceding paragraphs.
17. Plaintiff was subjected to severe or pervasive harassment based on [protected class] that a reasonable person in Plaintiff's protected class would consider intimidating, hostile, or abusive, in violation of N.J.S.A. 10:5-12 and Lehmann, 132 N.J. 273 (1993).

COUNT III — Retaliation (N.J.S.A. 10:5-12(d))

18. Plaintiff repeats the preceding paragraphs.
19. After Plaintiff engaged in protected activity by [internal complaint / accommodation request / participation in investigation], Defendants retaliated by [adverse action], in violation of N.J.S.A. 10:5-12(d).

COUNT IV — Failure to Accommodate (if applicable)

20. Plaintiff repeats the preceding paragraphs.
21. Defendants failed to engage in the interactive process and refused to provide a reasonable accommodation for Plaintiff's [disability/religion/pregnancy], in violation of N.J.S.A. 10:5-12(q) and 10:5-4.1.

COUNT V — Aider and Abettor Liability (N.J.S.A. 10:5-12(e))

22. Plaintiff repeats the preceding paragraphs.
23. Defendant [INDIVIDUAL] aided, abetted, incited, compelled, and/or coerced the unlawful conduct, and is individually liable under N.J.S.A. 10:5-12(e).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, for:

a. Reinstatement and/or front pay;
b. Back pay and lost benefits;
c. Compensatory damages, including emotional distress;
d. Punitive damages;
e. Attorney's fees and costs under N.J.S.A. 10:5-27.1;
f. Pre- and post-judgment interest;
g. Injunctive relief; and
h. Such other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

DESIGNATION OF TRIAL COUNSEL (R. 4:25-4)

[Counsel] is hereby designated as trial counsel for Plaintiff.

CERTIFICATION PURSUANT TO R. 4:5-1

I certify that the matter in controversy is not the subject of any other action pending in any court or of a pending arbitration proceeding, no other action or arbitration proceeding is contemplated, and I am unaware of any non-party who should be joined.

Respectfully submitted,

______________________________
[COUNSEL NAME], Esq.
[Firm, Address, Phone, Email]
NJ Bar No. [________]
Attorneys for Plaintiff

Dated: [__/__/____]

Part E — Pre-Filing Checklist

Immediately upon discriminatory act

☐ Calendar 180-day DCR deadline and 2-year Superior Court deadline.
☐ Preserve all evidence: emails, texts, performance reviews, write-ups, pay stubs, handbook, policies.
☐ Write contemporaneous notes of incidents — dates, times, locations, words spoken, witnesses.
☐ Identify and contact potential witnesses; obtain written statements.
☐ Request personnel file in writing (N.J.S.A. — employee right to inspect upon request).
☐ Do not sign any separation agreement, release, or arbitration agreement without counsel review.

Forum-selection decision (Part A memo)

☐ Confirm LAD employer coverage (no minimum — all employers covered).
☐ Identify all protected classes and adverse actions.
☐ Evaluate damages exposure and complexity.
☐ Decide: DCR / Superior Court / dual-file with EEOC.
☐ Calculate all deadlines (180-day DCR, 300-day EEOC, 2-year LAD court).

Before filing DCR Verified Complaint (Part B)

☐ Submit intake form via NJBIAS at bias.njcivilrights.gov.
☐ Complete telephone intake interview with DCR investigator.
☐ Review and sign Verified Complaint prepared by DCR.
☐ Request cross-filing with EEOC for federal coverage.
☐ Notify employer counsel only after filing (and through DCR).
☐ Save NJBIAS confirmation, docket number, copy of Verified Complaint.

After DCR filing — managing the administrative process

☐ Respond promptly to investigator requests; preserve attorney-client privilege.
☐ Cooperate with mediation if offered, while preserving litigation rights.
☐ Track 180-day post-filing window for withdrawal-of-right.
☐ Continue weekly diary of any retaliatory acts.

If withdrawing DCR to file in Superior Court (Part C)

☐ Confirm no final probable-cause determination has issued.
☐ Send written withdrawal request via NJBIAS + Certified Mail + Email.
☐ Obtain Order of Withdrawal Without Prejudice in writing.
☐ Request EEOC Notice of Right to Sue if dual-filed.
☐ Calendar 2-year Montells SOL deadline.

Before filing Superior Court Complaint (Part D)

☐ Verify venue under R. 4:3-2.
☐ Pay filing fee (~$250) or move in forma pauperis (R. 1:13-2).
☐ Comply with R. 4:5-1 case-information certification.
☐ Designate trial counsel under R. 4:25-4.
☐ Serve summons + complaint under R. 4:4 (typically 20-day answer deadline; 35 days if served outside NJ).
☐ Preserve jury demand on face of pleading.

Ongoing during litigation

☐ Preserve documents — issue litigation hold letter.
☐ Document mitigation: job search log, applications, interviews.
☐ Continue treatment with mental-health professional if applicable; preserve medical records under HIPAA.
☐ Avoid social media posts about the case.
☐ Keep client updated; preserve attorney-client privilege.

Sources and References

• NJ Division on Civil Rights — How to File a Complaint: https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/learn-how-to-file-a-complaint/
• NJBIAS Portal: https://bias.njcivilrights.gov/
• NJ Law Against Discrimination Full Text: https://www.nj.gov/oag/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
• N.J.S.A. 10:5-1 et seq.: https://www.njleg.state.nj.us/
• N.J.A.C. 13:4 (DCR Rules of Practice): https://www.nj.gov/oag/dcr/regulations.html
• Montells v. Haynes, 133 N.J. 282 (1993)
• Lehmann v. Toys 'R' Us, Inc., 132 N.J. 273 (1993)
• Cutler v. Dorn, 196 N.J. 419 (2008)
• Aldrich v. Manpower Temp. Servs., 277 N.J. Super. 500 (App. Div. 1994)
• EEOC Newark Area Office: https://www.eeoc.gov/field-office/newark/location
• EEOC-DCR Workshare Agreement: https://www.eeoc.gov/employees/charge.cfm
• N.J. Court Rules: https://www.njcourts.gov/attorneys/rules-of-court