The First Steps to Filing a Discrimination Lawsuit Against Your Employer

You deserve the right to work to the extent of your ability and enjoy fair compensation for your hours. So, when you face workplace discrimination based on your race, gender, age, or any other protected characteristic, you are right to feel angry. The law protects you against discrimination that has nothing to do with your job performance, but some employers still believe they can get away with it.

If you believe that you have experienced workplace discrimination, trust our Bergen County discrimination lawyers at Carcich O’Shea to guide you through what you need to know.

What Evidence Do You Need to Gather?

Before you file a complaint, gather evidence to substantiate your claim, such as emails, performance reviews, and any text messages with your boss. Try to document specific incidents of discrimination, and include dates, times, and descriptions. Store all this information in a safe, accessible location or drive, off your workplace’s network and away from your office or place of employment.

Then, before escalating the situation, try and raise your concerns with HR; sometimes, a frank conversation with your boss and HR department can resolve or mitigate your issues. However, if you find that you still need to take action, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR).

Do I File a Charge with the EEOC or the DCR?

Once you have gathered all the evidence you need, you can file a workplace discrimination complaint with the EEOC or DCR—or both.

The EEOC is a federal agency that enforces anti-discrimination laws across the United States. If you believe that your employer has violated Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, or another federal statute, the EEOC can help bring you relief via lawsuits, settlements, and other remedies. You have 180 days to bring your complaint to the EEOC, and they usually enforce federal action against employers with 15 or more employees.

The DCR, on the other hand, works to enforce New Jersey’s Law Against Discrimination (LAD) and other state-specific civil rights laws. In addition to the areas covered by the EEOC, the DCR can deal with discrimination related to housing, public accommodations, and private business transactions. If you believe that your discrimination has to do with an area not clearly covered by the EEOC, such as marital status, business practices, or housing, consider approaching the DCR.

You have 180 days to file a complaint and two years to file a lawsuit under the LAD; the LAD has applied against employers with fewer than 15 employees.

What Should You Expect During the Investigation?

After you file a discrimination charge with either the EEOC or the DCR, the applicable agency will review your evidence, open an investigation, and possibly interview you and your employer. Cooperate fully and provide any additional information requested.

Depending on the complexity of your situation, the investigation could take months; if you need additional protection for your rights during this time, we recommend hiring a seasoned employment attorney who can advocate for your interests. They can make sure your workplace does not engage in any retaliation for your report—and if the investigation results confirm workplace discrimination, they can help you file a lawsuit to recover damages.

Protecting Your Workplace Rights with the Bergen County Discrimination Lawyers at Carcich O’Shea

Filing a complaint and lawsuit against your employer can feel stressful and overwhelming, but you deserve fair treatment for your work. Trust the Bergen County discrimination lawyers at Carcich O’Shea to protect you throughout the entire process, from your initial complaint to your final settlement with your workplace. Call our Hackensack, New Jersey, office at 201-988-1308 or fill out our online form to schedule your consultation. We serve clients throughout Bergen County, Edison County, Essex County, Morris County, and Passaic County.