How to file a disability discrimination complaint in New Jersey

If a New Jersey employer refused a reasonable accommodation, fired you after you disclosed ADHD, or retaliated after you asked for help, you have more than one place to take it. The routes have different deadlines and some of them shut each other off, so the order you choose matters. This page sets out the options as of October 2026. It is general information, not legal advice; an employment attorney can tell you how the rules apply to your facts.

Step 1: Know your deadlines

Because New Jersey has a state agency that enforces a disability discrimination law, the 300-day EEOC window is the one that generally applies to New Jersey employment claims. Count from the date of each discriminatory act. The EEOC says that when several events occur, the deadline usually applies to each one separately, with an exception for ongoing harassment, where the clock runs from the last incident. If you are unsure whether a deadline has passed, contact the agency promptly instead of waiting; DCR's general inquiry line is 1-833-NJDCR4U (833-653-2748).

Step 2: Understand how the choices interact

• DCR or Superior Court, not both at once. DCR says you are not permitted to have the same claim pending at DCR and in Superior Court at the same time, and filing in Superior Court bars a DCR complaint while the suit is pending (N.J.S.A. 10:5-13).
• You can go straight to court. The LAD allows a suit in Superior Court without first filing with DCR, with a jury trial available on request.
• Leaving DCR. You may withdraw a DCR complaint to file in Superior Court as long as DCR has not issued a finding of no probable cause and you are within the two-year limit.
• A no probable cause finding is final. After it, you cannot refile the same allegations in Superior Court. The only path is an appeal to the Appellate Division within 45 days of being served with the finding.
• Dual filing with the EEOC. The EEOC lists the New Jersey Division on Civil Rights among the fair employment practices agencies (FEPAs) for its Newark office. The EEOC says that when a charge is filed with a FEPA that has a worksharing agreement and the claim is also covered by federal law, the FEPA dual files it with the EEOC. Ask DCR at intake to confirm your complaint will be dual filed if you may want federal rights preserved.
• Federal court needs an EEOC charge first. To sue under the ADA, you must first file a charge with the EEOC and then sue within 90 days of a Notice of Right to Sue.

Step 3: Compare what each route offers

Step 4: Assemble your record

Before you file, collect:

1. Your accommodation request and every reply, with dates. A written request is not legally required but is far easier to prove.
2. Any documentation you supplied, such as a clinician's letter, and what the employer said about it.
3. Performance reviews before and after you disclosed.
4. Texts, emails and notes of conversations, including names of witnesses.
5. The decision you are challenging (denial, discipline, termination) and the reason given.
6. A one-page timeline listing each event and its date, which makes it easier to see which events fall inside each deadline.

DCR's intake process asks for the specific facts and copies of documents, texts or emails that support the complaint. The substantive accommodation rules that DCR applies are summarized in ADHD workplace accommodations in New Jersey.

Step 5: File

With DCR. As of October 2026, DCR starts a complaint with an intake form submitted online through the NJ Bias Investigation Access System (NJBIAS). A DCR investigator then calls you for an intake interview to confirm DCR has jurisdiction, including whether the alleged violation happened within the past 180 days. DCR also offers free dispute resolution if both sides want to try to settle. If you need a disability accommodation to complete the intake, DCR says to call 1-833-NJDCR4U or the 711 relay service.

With the EEOC. The EEOC asks people to start through its Public Portal, submit an inquiry, and schedule an interview by phone, by video or in person.

In Superior Court. A lawsuit is a court filing, normally prepared by an attorney.

If the problem is at a college

The LAD also covers most schools and colleges, with an exemption for schools operated by a bona fide religious institution, according to DCR's fact sheet. Students can file with DCR or with the federal Office for Civil Rights under Section 504, which has its own 180-day deadline. Start with the college's internal grievance process if one exists, but watch the external deadlines while it runs. Campus accommodation rules are covered in ADHD accommodations at New Jersey colleges.

Looking after yourself during a dispute

Disputes take months and are stressful, and stress can make ADHD symptoms harder to manage. If symptoms are getting in the way, that is worth raising with a clinician. Dr. Shershow provides adult ADHD evaluation, treatment planning and ongoing follow-up for adults located in New York or New Jersey; the appointments and telehealth page explains the location rule for video visits. For the New York process, see filing a disability discrimination complaint in New York.