Discrimination At Work In New Jersey: Should I Contact the EEOC?

Jan 16
3 min read

By: Kurt J. Jung, Esq., Partner and Principal of Jung & Jaeger Law LLC

Haddonfield, NJ

January 15, 2026

Imagine this, you work for a major company, and you are feeling the pressures of the job. Your employer decides to terminate your employment. Your supervisor refuses to tell you why the company is terminating you. After being persistent, your supervisor finally tells you, “It is because you simply just don’t fit in.” The first thoughts that enters your mind is, “Was it something that I did or said? Are they getting rid of me because of my race, religion, sex, ethnicity, age or because I complained?” You frantically search the internet to discover how to file a discrimination complaint and learn that you can file a complaint with the US Equal Employment Opportunity Commission.

During my career working for the US Equal Employment Opportunity Commission, I must have heard this fact pattern dozens of times. Many contacted the EEOC in a panic and were so disappointed when they log onto the EEOC website only to find out that the next intake appointment that is available is three to six months away. One wonders if it is even worth filing if you are unable to see someone right away.

How does the EEOC intake process work?

When employees or applicants want to file a complaint at the EEOC against an employer, they file what is known as a charge of discrimination. Generally, to be able to file a discrimination lawsuit in federal court, the employee or applicant must file the charge with the EEOC or a State Fair Employment Practice Agency (FEPA) within 300 days[1] of the alleged incident. The New Jersey FEPA is known as the New Jersey Division of Civil Rights (NJDCR). To file a charge of discrimination without attorney representation with the EEOC, the EEOC requires the employee/applicant to file by completing an online inquiry questionnaire and scheduling an appointment with an Intake Specialist or an EEOC investigator to draft a final charge. Filings received after 300 days are likely to be dismissed as untimely. After filing the charge of discrimination, the charge may be considered for mediation or sent directly to investigation.

Charges that are not considered for mediation may be dismissed or depending on the merits of the case are assigned to an EEOC investigator for investigation. During investigation, a complainant is called a “Charging Party,” and a Company is known as a “Respondent.”

The Advantages of Retaining a Private Attorney

Retaining an attorney to represent you in an employment discrimination case against an employer, has its advantages. Complainants are able to bypass the intake appointment by hiring a private attorney to draft their charge of discrimination and having the attorney file the charge with the EEOC through the EEOC attorney portal. In New Jersey, there is no requirement to file a charge of discrimination or a complaint with the EEOC or the New Jersey Division of Civil Rights before filing in the New Jersey State Superior courts. An attorney may advise you that it is better for you to skip the EEOC process and file directly in Superior Court in the county where the discriminatory action took place or where the complainant lives.

Filing a discrimination complaint with the EEOC or the NJDCR to eventually file in court is sometimes complex and may not be the best strategy to achieve justice. Keep reading Jung & Jaeger Law’s blogs to learn more about the EEOC, NJDCR, employment discrimination, and workplace retaliation. For more information and to schedule a free consultation, visit our website at jungjaegerlaw.com or contact our office at kurt@jungjaegerlaw.com, jacob@jungjaegerlaw.com, or (856) 203-6229. We accept clients in every county of New Jersey.

[1] There are instances in which the filing deadline may be shorter depending on where the action took place and circumstances. Filers should consult with the EEOC or an employment attorney to discuss the filing deadlines.

The information on this blog is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting based on anything you read on this blog without seeking professional legal counsel.