Dual Filing With the EEOC and NJ Division on Civil Rights: How Your Charge Gets Cross-Filed and Why It Matters

Employment discrimination claims in New Jersey can involve both state and federal agencies. Many employees file a charge with either the Equal Employment Opportunity Commission or the New Jersey Division on Civil Rights without realizing that the agencies work together. 

A properly cross-filed discrimination charge preserves rights under both state and federal law without requiring separate filings in every case.

For employees who reach out to Brandon J. Broderick, one of the first questions is often which agency is actually handling the case. The answer isn’t always straightforward. The EEOC and the New Jersey Division on Civil Rights routinely share charges. The process influences deadlines, investigations, and the options available as a claim moves forward. 

This article explains how cross-filing works, when charges are shared between agencies, why the process matters for preserving legal claims, and when to reach out to an employment lawyer in New Jersey.

How EEOC and DCR Dual Filing Works in New Jersey

A New Jersey worker with a discrimination claim has two government agencies for filing a complaint: the federal Equal Employment Opportunity Commission (EEOC) and the New Jersey Division on Civil Rights (DCR). 

Workers can submit their complaint to either the EEOC or the New Jersey Division on Civil Rights, not both. A dual-filing agreement between the agencies allows that single filing to be officially recorded with each agency. 

Both agencies operate under a written Worksharing Agreement, currently in place through the FEPA Contract. Worksharing agreements between the EEOC and state agencies such as the New Jersey Division on Civil Rights help coordinate the handling of discrimination charges. 

Their jurisdiction overlaps:

• DCR enforces the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Family Leave Act. The NJLAD covers race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, domestic partnership or civil union status, familial status, disability, nationality, and genetic information.
• EEOC enforces Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), and the Pregnant Workers Fairness Act (PWFA).
• DCR covers New Jersey employers of any size. One employee is enough. Title VII applies to employers with 15 or more employees. ADEA applies to employers with 20 or more workers. The size threshold alone makes the state forum the only option for many small-employer cases.

When a worker files with one agency, that office records the charge, assigns it a case number, and gives a copy to the other agency. Within ten calendar days of receipt, each agency notifies both the charging party and the respondent of the dual-filed nature of the charge.

The EEOC and state agencies handle a large number of cases. Together, they process more than 40,000 employment discrimination charges annually. In fiscal year 2024 alone, the EEOC received 88,531 new charges, a 9.2% increase from the prior year.

The Investigation Process for a Cross-Filed Discrimination Charge in NJ

A charge being dual-filed doesn't mean both agencies investigate. Once one agency begins an investigation, it normally resolves the charge. 

If a charge is filed with DCR and is also covered by federal law, DCR dual-files with EEOC to protect federal rights, but retains the charge for handling. If a claim is filed with the EEOC and is also covered by state law, the EEOC dual-files with DCR, but handles the matter itself.

DCR's process starts with an intake form. Workers have 180 days from the date of the discriminatory incident to file. The intake form gathers facts about the incident and any supporting records. 

An investigator then conducts an intake interview to determine whether the agency has jurisdiction. If the agency determines it has jurisdiction, it prepares a verified complaint for the worker to review and sign.

In hostile work environment cases, ongoing harassment may be evaluated differently under the continuing violation doctrine. It allows related incidents to be viewed as part of a single course of conduct rather than as isolated events. This affects how filing deadlines are calculated. 

After the verified complaint is signed and served on the respondent, the employer files an Answer and Position Statement. DCR then conducts an investigation. 

At the conclusion of that process, the agency generally reaches one of the following determinations:

• Probable cause 
• No probable cause 
• Reasonable suspicion 

The agency encourages mediation and conciliation at multiple points during the investigation. Some employment contracts contain mediation clauses requiring disputes to be mediated before a lawsuit can proceed. Reviewing those provisions is one of the first steps our attorneys at Brandon J. Broderick take. 

A successful settlement resolves the matter without the need for further action. For example, HCL America settled an EEOC age discrimination case for $495,000. Cases like that illustrate how employment disputes are often resolved through negotiated agreements before reaching a final judgment. 

EEOC's process runs in parallel for federal claims. Workers have 300 days to file with the EEOC in states like New Jersey that have a FEPA. 

A worker filing a Title VII claim has to file with the EEOC and then either wait for the investigation to conclude or wait at least 180 days before requesting a Notice of Right to Sue. EEOC issues either a cause determination, a no-cause finding, or a Notice of Right to Sue at the end of the process.

Where the EEOC and DCR Worksharing Agreement Changes the Process

Although dual filing covers both agencies on paper, the two routes lead to different places once a case actually moves forward. Those differences matter for choosing where to focus.

Filing deadlines differ in several ways:

• DCR complaint: 180 days from the discriminatory act
• EEOC charge: 300 days in New Jersey because of the work-sharing extension
• NJLAD lawsuit filed directly in state court: two years from the act of bias
• Appeal of a DCR no-probable-cause finding: 45 days to the Appellate Division
• Federal Title VII lawsuit after EEOC dismissal: 90 days from receipt of the Notice of Right to Sue

The laws also differ in the types of bias they prohibit. New Jersey Law Against Discrimination (NJLAD) protects a broader range of characteristics than Title VII, including:

• Marital status
• Civil union status
• Familial status
• Atypical hereditary blood traits
• Liability for military service

Some claims that are recognized under New Jersey law may not exist under federal law. For example, an employee alleging discrimination based on domestic partnership status may have a claim under NJLAD even though Title VII doesn’t specifically prohibit that form of discrimination.

Damages vary. Title VII imposes statutory caps on compensatory and punitive damages based on employer size, with the highest cap at $300,000 for employers with more than 500 employees. NJLAD has no statutory damages cap. A successful NJLAD claim produces back pay, reinstatement, emotional distress compensation, punitive damages in cases of egregious misconduct, and attorneys' fees and costs.

The election-of-remedies issue is the most important strategic difference. Under the NJLAD, a worker chooses between filing a complaint and filing directly in court — but not both at the same time. A worker can withdraw a DCR complaint and go to court if the agency has not made a decision and the claim is still within the two-year filing period. 

Once DCR issues a no-probable-cause finding, the path to court on the same NJLAD claim closes. Any appeals to the DCR decision must be filed with the Appellate Division within 45 days.

Workers often have stronger claims under one set of laws than the other. When evaluating discrimination claims, our team finds that a worker's legal options depend on the specific facts and the remedies available under each law. 

Why Cross-Filing Decisions Matter in New Jersey Cases

New Jersey courts have ruled on several cases that show where the two routes overlap and where they don't.

The leading decision is Hernandez v. Region Nine Housing Corp. (1996). Hernandez filed with DCR, then filed with EEOC. The federal agency then issued a determination letter finding that the employer's English-only policy was biased, along with a Notice of Right to Sue. 

Hernandez voluntarily withdrew his DCR complaint before the agency took any action and filed a lawsuit in the Superior Court under the NJLAD. The court permitted the claim to proceed because no substantive determination was issued before the withdrawal.

Under Hernandez, a worker can preserve the right to sue under the NJLAD by withdrawing the complaint before the agency makes a finding. Once DCR issues a finding, particularly one concluding there was no violation, the same claim cannot be brought in court. 

Wilson v. Wal-Mart Stores, Inc.(1999) reinforced the principle. Wilson filed an administrative action, then filed a separate lawsuit in Superior Court shortly before the two-year LAD statute of limitations expired. She withdrew the DCR action afterward. 

New Jersey's Supreme Court allowed the case to proceed despite the unusual sequence, recognizing that the NJLAD provides alternative remedies the worker chooses between.

Cornacchiulo v. Alternative Inv. Solutions, Inc. addressed the issue from the other angle. Cornacchiulo had dual-filed a disability discrimination charge. 

DCR informed him that the EEOC would handle the investigation. After the EEOC found no probable cause, the state agency adopted that finding. When Cornacchiulo later attempted to pursue the same NJLAD claim in court, the court rejected the effort. 

The dual-filing process can have important consequences. A determination by one agency may affect what options remain available through the other. 

If you have questions about filing a claim, contact us today for a free consultation.