Administrative exhaustion requirement and election of remedies.

The plaintiff filed suit against his former employer alleging violations of the ADA and NJLAD. In advance of filing suit, the plaintiff filed a complaint with the EEOC and completed an addendum to charge form with the NJDCR. The EEOC undertook the investigation and issued a right to use letter after it was unable to conclude that a violation had occurred. The plaintiff then filed suit in District Court, and after suit was filed, NJDCR adopted the EEOC finding and closed its file. Even though the NJDCR decision adopting the EEOC decision was issued after suit was filed, the court concluded that since the claim was dual filed, the EEOC determination was "final" and the plaintiff had waived his right to file suit by the NJLAD election of remedies provision.

Case Law Alert - 3rd Qtr 2012