NJLAD Lawsuit Barred Once State Agency Adopted Finding Of EEOC, New Jersey Appellate Division Holds

In Cornacchiulo v. Alternate Investment Solutions, Inc., 2012 N.J. Super. Unpub. LEXIS 1415 (App. Div. June 19, 2012), the New Jersey Appellate Division dismissed an employee’s NJLAD discrimination suit because, having first lodged a charge with the New Jersey Division on Civil Rights (NJDCR), he was bound with its decision. Unlike the EEOC, which allows an individual to file a charge and then follow-up with a lawsuit, if an administrative charge is filed with the NJDCR and not withdrawn, once the NJDCR issues its final determination, any subsequent (or in this case, pending) lawsuit based upon the NJLAD is barred.

Note: This article was published in the July 2012 issue of the New Jersey eAuthority.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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