Steps to Filing a Lawsuit Against an Employer for Disability Discrimination

Experiencing disability discrimination in the workplace can be both distressing and challenging. If you believe your employer has discriminated against you due to a disability, it is essential to understand the steps involved in filing a lawsuit to protect your rights. This blog outlines the process for New Jersey employees seeking justice against disability discrimination.

Understanding Your Rights and Gathering Evidence

Disability discrimination occurs when an employer treats an employee unfavorably due to a disability. This can include termination, demotion, harassment, or failure to provide reasonable accommodations that would allow the employee to perform their job duties. New Jersey employees are protected under both federal and state laws, including the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (LAD). Understanding these laws will help you determine whether your employer’s actions constitute unlawful discrimination.

The first step in preparing for legal action is gathering comprehensive evidence. Maintain a detailed record of discriminatory incidents, including dates, times, locations, and any relevant communications such as emails or performance evaluations. If there were any witnesses to the discrimination, their testimonies may strengthen your case. Additionally, document any attempts you made to resolve the issue internally, as this may be required in later proceedings.

Filing a Complaint and Pursuing an Investigation

Before filing a lawsuit, it is generally recommended to report the issue internally through your company’s Human Resources department or designated Equal Employment Opportunity (EEO) officer. This provides your employer with an opportunity to address and resolve the complaint. Ensure that your complaint is in writing and that you retain a copy for your records.

If internal efforts do not lead to a satisfactory resolution, you may file a complaint with the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC). The DCR enforces state anti-discrimination laws, while the EEOC handles federal claims. Filing with one agency typically means your complaint will be cross-filed with the other. In New Jersey, complaints with the DCR must be filed within 180 days of the discriminatory act, while the EEOC allows up to 300 days.

Once a complaint is filed, the agency will conduct an investigation, which may include reviewing documents, interviewing witnesses, and attempting mediation between you and your employer. If the agency determines there is sufficient evidence to support your claim, it may attempt to resolve the matter through settlement discussions or issue a “Right to Sue” letter, allowing you to proceed with a lawsuit.

Initiating a Lawsuit and Seeking Remedies

If you receive a Right to Sue letter or if the agency’s resolution does not provide adequate relief, the next step is filing a lawsuit against your employer. In New Jersey, this typically involves filing a complaint in state or federal court, depending on the nature of the claims. A lawyer experienced in employment law can help draft and file the complaint, ensuring that all legal requirements are met.

Once the lawsuit is filed, the discovery process begins. Both parties exchange information, including documents and witness testimonies, to build their cases. This phase can be complex and may involve depositions, interrogatories, and thorough analysis. Many cases are resolved through settlements, but if a resolution is not reached, the case may proceed to trial.

If the court finds in your favor, potential remedies may include reinstatement to your job, back pay, compensatory damages for emotional distress, and lawyer’s fees. In cases involving egregious misconduct, punitive damages may also be awarded to deter future discrimination.

Bergen County Discrimination Lawyers at Carcich O’Shea Will Help Protect Your Rights Against Discrimination in the Workplace

Filing a lawsuit against an employer for disability discrimination can be a daunting process, but understanding the necessary steps can help you navigate it more effectively. Speak with the Bergen County discrimination lawyers at Carcich O’Shea today. Call 201-988-1308 or contact us online to schedule your initial consultation and learn more about the support and service we can provide. Our office is located in Hackensack, New Jersey, and we proudly serve clients in Bergen County, Edison Township, Essex County, Morris County, and Passaic County.