Introduction

If you’ve been mistreated at work because of who you are—your race, gender, age, religion, disability, or another protected trait—you may feel angry, anxious, or even powerless. Workplace discrimination is not only unfair; it’s illegal under both federal and New Jersey law. You don’t have to face this situation alone, and understanding your legal options is the first step toward justice.

 

This guide will walk you through how to file a workplace discrimination claim in New Jersey, including what qualifies as discrimination, where to file your complaint, deadlines, and how the legal process works. At Swartz Swidler, we’ve helped hundreds of workers across New Jersey stand up to their employers and reclaim their rights—and we’re here to help you, too.

What Counts as Workplace Discrimination?

Workplace discrimination happens when your employer treats you unfairly because of a protected characteristic. Under federal law (like Title VII, ADA, and ADEA) and New Jersey’s Law Against Discrimination (NJLAD), employees are protected from:

 

• Race or ethnicity discrimination
• Sex and gender discrimination (including pregnancy and sexual orientation)
• Religious discrimination
• Age discrimination (age 40+)
• Disability discrimination
• National origin discrimination
• Retaliation for reporting wrongdoing or exercising legal rights

 

🚩 Example: If you’re passed over for promotion repeatedly while less-qualified coworkers of another race are promoted, this may signal racial discrimination. Or if you’re demoted after taking medical leave, it could be disability-related retaliation.

 

Important: Even if your employer denies wrongdoing, you may still have a valid claim. Consulting with an attorney can help confirm this.

Step-by-Step Guide to Filing a Discrimination Claim in NJ

Step 1: Document Everything

Before you file any complaint, gather evidence. This is crucial in any legal claim.

✅ What to collect:

 

• Emails, texts, or memos showing discriminatory language or actions
• HR reports or internal complaints
• Performance reviews before and after incidents
• A journal/log of events (date, time, people involved, what happened)

 

🧠 Pro tip: The more detailed and organized your records, the stronger your claim.

Step 2: Report Internally (If It’s Safe)

If your company has a human resources department or grievance policy, follow it first—unless doing so puts you at risk.

📣 Why this helps:

 

• It shows you tried to resolve the issue internally
• It may strengthen your legal case if the employer retaliates or fails to act

 

⚠️ But be careful: If HR sweeps the issue under the rug or retaliates, you’re still protected under the law.

Step 3: Choose Where to File (EEOC vs. NJ Division on Civil Rights)

You have two main options when filing a discrimination claim:

 

Agency	What It Covers	Filing Deadline
EEOC (Equal Employment Opportunity Commission)	Federal law violations	180–300 days
NJ DCR (Division on Civil Rights)	State law violations (NJLAD)	180 days

Dual Filing

You can file with both the EEOC and NJ DCR through a process called “dual filing.” This ensures your claim is preserved under both state and federal laws.

 

Step 4: Submit the Claim

You can file online, by mail, or in person. Here’s what you’ll typically need:

 

• Your personal info (name, contact, job details)
• Employer’s information
• Description of the discriminatory acts
• Supporting documentation

 

🌐 Filing portals:

• EEOC Online Intake Form
• NJ DCR Filing Portal

 

🛑 Warning: Don’t delay—deadlines are strict and missing them could kill your claim.

Step 5: What Happens Next?

After you file, your case may go through:

 

• Mediation: An attempt to resolve the issue early.
• Investigation: The agency reviews evidence and interviews witnesses.
• Right-to-Sue Letter: If the agency doesn’t resolve the case, you can sue your employer in court.

 

💡 Stat: According to the EEOC, over 50% of cases are resolved during early mediation, saving time and stress.

Common Mistakes to Avoid

Avoid these pitfalls to protect your rights:

 

• ❌ Waiting too long and missing filing deadlines
• ❌ Providing inconsistent details in your complaint
• ❌ Failing to document retaliation after filing
• ❌ Filing with the wrong agency for your claim type
• ❌ Going it alone without legal support

How Swartz Swidler Helps Employees Like You

At Swartz Swidler, our employment attorneys are fierce advocates for workers throughout New Jersey and Pennsylvania. We’ve helped clients win back pay, secure job reinstatement, and hold employers accountable for discrimination and retaliation.

 

✅ Why people choose us:

 

• We know NJLAD and federal law inside and out
• We offer free, confidential consultations
• We’ve taken on major employers—and won

 

📍 Location-based tip: If you’re searching for an “employment discrimination lawyer near me,” we’re conveniently located in Cherry Hill, NJ, serving clients statewide.

Conclusion

Workplace discrimination can shake your confidence and your career—but you don’t have to stay silent. By understanding how to file a workplace discrimination claim in New Jersey, documenting your experience, and acting quickly, you take back control.

 

👥 Ready to take the next step?

Contact Swartz Swidler today for a free case review. We’ll help you understand your options, preserve your rights, and fight for justice.