There are several different ways that an employee can sue for workplace discrimination.
A workplace discrimination victim can sue in New Jersey state court. The New Jersey Law Against Discrimination protects New Jersey employees from workplace discrimination and retaliation. Each County has its own Superior Court. A victim has two years to sue under the New Jersey Law Against Discrimination. The jury decides the case at a trial.
Workplace discrimination victims can also file suit in United States District Court. New Jersey has three United States District Courts. They are located in Newark, Trenton, and Camden. Before a federal lawsuit can begin, the employee files with the Equal Employment Opportunity Commission (EEOC). Employees can have as many as 300 days after termination to bring a claim before the EEOC. The EEOC is the first step to filing a federal lawsuit. The EEOC gives a letter granting permission to file a federal lawsuit.
The New Jersey Division on Civil Rights is an alternative to a lawsuit. The Division on Civil Rights is located in Trenton, New Jersey. This agency decides the case. Many people who do not have an employment attorney use the Division on Civil Rights.
Finally, employers sometimes force employees to sign arbitration clauses. Courts can enforce arbitration clauses. Employees present their case to a panel of arbitrators rather than a jury. It is important to have an experienced employment attorney review the clause to decide if it is enforceable. Victims of workplace discrimination should challenge arbitration clauses wherever possible.
If you are a victim of workplace discrimination, you should hire an experienced employment attorney to represent you. Ronald J. Wronko, Esq., is an experienced employment attorney. He practices in Hudson, Essex, Morris, Bergen, Passaic, Middlesex, Monmouth, Somerset, Sussex, and Ocean Counties. You can reach him at (973) 360-1001 or ron@ronwronkolaw.com. Please visit http://www.ronwronkolaw.com.