Claimant asserting a violation of the NJLAD before the Division of Civil Rights must be notified of their right to withdraw the administrative claim and to pursue a court action.

The plaintiff filed a claim of disability discrimination against her landlord with the New Jersey Division of Civil Rights. Following a complete investigation, the DCR entered a finding of “no probable cause.” On appeal the plaintiff asserted that the DCR had failed to notify her of her right to withdraw the claim prior to final adjudication and to pursue the claim in court. Following an initial remand to the Division for fact finding on the issue, the Division maintained its decision. Thereafter, once again before the Appellate Division, the court concluded that the Division’s failure to notify the plaintiff of her right to elect a court remedy was a procedural defect that rendered the Division’s decision a nullity. The Appellate Division ordered the remand of the claim to the Division and to give the plaintiff an opportunity to withdraw the charge.

Case Law Alerts, 1st Quarter, January 2015