How to File a Discrimination Complaint With the New Jersey Division on Civil Rights
The New Jersey Division on Civil Rights (DCR) enforces the New Jersey Law Against Discrimination (NJLAD) — one of the strongest anti-discrimination statutes in the country. If you experienced workplace discrimination in New Jersey, filing with the DCR is one path to relief. This guide covers the process, deadlines, and how filing with the DCR compares to other options available to New Jersey employees.
The NJLAD’s Broad Protections
The NJLAD protects against discrimination based on race, creed, color, national origin, ancestry, nationality, age, sex, pregnancy, sexual orientation, gender identity or expression, disability, genetic information, atypical cellular or blood trait, marital status, civil union status, domestic partnership status, military service, and liability for service in the Armed Forces. This is one of the broadest lists of protected categories in any state anti-discrimination statute.
The NJLAD covers all employers regardless of size — there is no minimum employee threshold. This means even very small New Jersey businesses are subject to anti-discrimination requirements.
Filing Deadline: 180 Days for DCR, 2 Years for Court
You must file a DCR complaint within 180 days of the last discriminatory act. If you choose to file directly in New Jersey Superior Court instead, the statute of limitations is 2 years. These are separate paths — you cannot file with the DCR and also maintain a court action simultaneously under the NJLAD.
The DCR Complaint Process
You can file a complaint online through the NJ Attorney General’s website, by mail, or in person at DCR offices in Trenton, Newark, Atlantic City, or Camden. After filing, the DCR investigates — reviewing documents, interviewing witnesses, and determining whether there is probable cause. If probable cause is found, the case proceeds to a hearing before an Administrative Law Judge (ALJ) at the Office of Administrative Law.
DCR Filing vs Direct Court Action
For most New Jersey employment discrimination cases, filing directly in Superior Court — rather than with the DCR — is strategically preferable because you get a jury trial (DCR hearings are decided by an ALJ), the 2-year deadline gives you more time, you control the pace of litigation, discovery is broader, and jury verdicts in NJLAD cases tend to be higher than administrative awards. The DCR path may be preferable for smaller cases where the administrative process is faster and less expensive.
An employment lawyer can evaluate which path maximizes your recovery based on the specifics of your case.
The Lacy Employment Law Firm represents employees in NJLAD discrimination claims throughout New Jersey. Call (215) 515-5924 for a free consultation.
