How to File DCR Complaint in New Jersey

Quick Answer: File discrimination complaints with the New Jersey Division on Civil Rights (DCR) within 180 days of the discriminatory act. DCR investigates violations of the Law Against Discrimination (LAD), which covers all employers with 1+ employees. You can also sue directly in court within 2 years.

DCR enforces New Jersey's strong anti-discrimination law.

What Is DCR?

Division on Civil Rights

DCR handles:

• Employment discrimination
• Housing discrimination
• Public accommodation discrimination
• Contract discrimination

LAD Coverage

DCR enforces LAD:

• All employers (1+ employees)
• Broadest in nation
• All protected classes
• No damages cap

Free Process

Benefits:

• No filing fee
• Investigation provided
• Can represent yourself
• Administrative remedies

Filing Deadline

180-Day Rule

Must file within:

• 180 days of discriminatory act
• Each act may start new period
• Continuing violation may extend

Why 180 Days?

Strict deadline:

• Cannot be extended
• Courts strictly enforce
• File promptly to be safe

Alternative: Court

If deadline passed:

• May file in court instead
• 2-year statute of limitations
• But lose DCR option

Before Filing

Gather Information

Collect:

• Employer name and address
• Dates of incidents
• Description of discrimination
• Witnesses
• Documents

Identify Protected Class

Basis of discrimination:

• Race, color, national origin
• Sex, gender identity, sexual orientation
• Religion, age, disability
• Pregnancy, marital status
• Military status

Document Everything

Include:

• Timeline of events
• Specific incidents
• Comparator information
• Complaints made
• Employer response

How to File

Online Filing

DCR website:

• www.njoag.gov/dcr
• Electronic submission
• Intake questionnaire

By Phone

Call:

• 973-648-2700 (Newark)
• 609-292-4605 (Trenton)
• Intake interview

In Person

DCR offices:

• Newark: 31 Clinton Street
• Trenton: 140 E. Front Street
• Atlantic City: 1325 Boardwalk
• Camden: 2600 Mt. Ephraim Ave
• Paterson: 100 Hamilton Plaza

By Mail

Send to:

• Division on Civil Rights
• 31 Clinton Street, 3rd Floor
• Newark, NJ 07102

What to Include

Basic Information

Provide:

• Your name and contact
• Employer information
• Job title and dates
• Protected class(es)

Description

Explain:

• What happened
• When it happened
• Who was involved
• Why it's discrimination

Relief Requested

What you want:

• Back pay
• Reinstatement
• Damages
• Policy changes

DCR Process

Step 1: Intake

Initial review:

• Complaint received
• Jurisdiction confirmed
• Verified complaint created
• Employer notified

Step 2: Investigation

DCR investigates:

• Employer responds
• Documents requested
• Witnesses interviewed
• Facts gathered

Step 3: Probable Cause

Director determines:

• Probable cause: proceed to hearing
• No probable cause: dismissed
• Can appeal no cause finding

Step 4: Conciliation

If probable cause:

• Settlement discussions
• Mediation available
• Many cases resolve

Step 5: Hearing

If no settlement:

• Administrative hearing
• Evidence presented
• ALJ decides
• Director adopts decision

Timeline

Expected Duration

Typical timeline:

• Intake: 2-4 weeks
• Investigation: 6-18 months
• Probable cause: varies
• Hearing: additional months

Factors Affecting Time

Duration depends on:

• Case complexity
• Evidence amount
• Settlement discussions
• Agency workload

Removing to Court

Right to Remove

After filing:

• Can remove to Superior Court
• After 180 days at DCR
• Within 2 years of violation

Why Remove

Consider if:

• Want jury trial
• DCR taking too long
• Complex case
• Want full discovery

Process

To remove:

• File notice with DCR
• File in Superior Court
• Case proceeds in court

Remedies Available

DCR Remedies

May award:

• Back pay with interest
• Front pay
• Compensatory damages
• Emotional distress (no cap)
• Policy changes
• Training requirements

Civil Penalties

DCR can impose:

• Penalties for violations
• Increased for repeat offenders
• Deterrent effect

EEOC Dual Filing

Worksharing

DCR and EEOC:

• Cross-file complaints
• Joint jurisdiction
• One filing covers both

When to Dual File

Consider if:

• Federal claims applicable
• Employer has 15+ employees
• Want federal court option

Common Mistakes

Missing 180-Day Deadline

Avoid by:

• Filing promptly
• Not waiting to "see what happens"
• Counting days carefully

Incomplete Information

Include:

• All incidents
• All protected classes
• Witnesses
• Documentation

Not Following Up

Stay engaged:

• Respond to requests
• Update contact info
• Meet deadlines
• Cooperate fully

Frequently Asked Questions

Do I need a lawyer?

Not required, but helpful for complex cases. Many attorneys handle DCR matters.

How long does it take?

6-18 months for investigation. Hearing adds more time.

Can I go straight to court instead?

Yes. You have 2 years to file in court without going through DCR.

What if DCR finds no probable cause?

You can appeal, or file in court if within 2-year deadline.

Related Topics

• New Jersey Workplace Discrimination
• New Jersey Sexual Harassment
• New Jersey Employment Law Hub

Take Action

To file DCR complaint:

1. Calculate 180-day deadline
2. Gather documentation
3. Identify protected class
4. File online, by phone, or in person
5. Consider consulting attorney

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Legal Disclaimer

This article provides general information about filing DCR complaints and is not legal advice. For specific advice, consult a licensed New Jersey employment attorney.

For official information:

• NJ Division on Civil Rights: https://www.njoag.gov/dcr | 973-648-2700