I Received a Dismissal and Notice of Rights from the EEOC for my New Jersey Employment Discrimination Case: What Does This Mean?

Jan 16
4 min read

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

Haddonfield, NJ

January 16, 2026

Hooray! You finally met with an investigator for your intake appointment, and you officially filed a charge of discrimination against your employer with the U.S. Equal Employment Opportunity Commission (EEOC). You register with the EEOC Portal to send and receive information. The EEOC notifies you that your case is being assigned to an investigator. A few weeks later you receive a voicemail from the investigator stating that they were closing your case. A few hours later, you receive a notice in the portal that a Dismissal and Notice of Rights (otherwise known as a Notice of Right to Sue) has been issued. You have 90 days to file in federal court. You think to yourself, “What happened? Did they do a thorough investigation? May I appeal the decision? What do I do? I can’t possibly afford an attorney to take this to federal court. What if I missed the 90 day filing deadline?” As a former investigator and trial attorney for the EEOC, I know all too well that the process is riddled with pitfalls that could prevent claims from being brought in federal court.

Having your case investigated by the U.S. Equal Employment Opportunity Commission can be frustrating and confusing. As a layperson, you will not necessarily know whether you have a valid cause of action to sue in court unless you are knowledgeable in employment law. The investigator may request a position statement from the respondent, which is usually drafted by an experienced employment defense attorney. After receiving the position statement, the investigator may ask you to submit what is known as a rebuttal statement to refute and provide further evidence. However, you may not know what information to submit. You might provide witness names, but the investigator is under no obligation to interview any or all of your witnesses. The EEOC handles many cases each year and has limited resources and time to investigate each case.

The Advantages of Retaining a Private Attorney

To be able to bring an employment discrimination action in federal court, an aggrieved employee or applicant must file a complaint or what is known as a charge of discrimination with the EEOC within 300 days[1] of the alleged discriminatory action. Retaining an attorney to represent you in an employment discrimination case against your employer before you file with EEOC has its advantages and could ensure that the charge of discrimination exhausts administrative remedies under federal law. Hiring an experienced private attorney to draft your charge of discrimination and file the charge with the EEOC will ensure that the case is properly pled and filed. There are other requirements that you may not know about, such as the number of required employees and factual requirements to find probable cause of discrimination. The attorney will represent you during the investigation. Even though the EEOC issued you a Dismissal and Notice of Rights, an attorney may decline to represent you because the case was improperly pled in your charge of discrimination and would drive the cost to litigate up if the charge had missing claims. In cases where the investigator determines that there is not enough evidence to support the facts of your allegations, the EEOC will easily dismiss the case providing explanations that may be difficult to understand. If you receive a Dismissal and Notice of Rights, you have 90 days to file a lawsuit in federal court. A case that is filed in federal court after 90 days will likely be dismissed as untimely. You should contact an attorney to discuss your legal options and preserve your rights.

Complainants should be aware that, 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 (NJDCR) before proceeding at the state level, a complainant may file directly in a New Jersey State superior court under the New Jersey Law Against Discrimination (NJLAD). An attorney may advise you that it is better for you to skip the EEOC process and file directly in Superior Court under state law, in the county where the discriminatory action took place or where the complainant resides.

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 and employment discrimination. 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.