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New Jersey’s expanding the window of discrimination liability

by on
in Discrimination and Harassment,Human Resources

All legal claims have a statute of limitations—the time period within which a lawsuit must be filed.

In New Jersey, employees must ordinarily file discrimination claims within two years after the claim arose. For example, someone who alleges he was fired because of his race would typically have to file the lawsuit within two years after being discharged.

When the New Jersey Law Against Discrimination (NJLAD) was enacted in 1945, it contained no limitations period. In 1993, the New Jersey Supreme Court decided in Montells v. Haynes (133 N.J. 282, 1993) that the limitations period for filing claims should be two years, partly because the nature of the injury in discrimination cases closely resembles that of personal-injury cases, which have two-year limits.

But in a series of recent cases, the New Jersey Supreme Court has recognized several exceptions that extend the two-year period in discrimination cases. That’s potentially ...(register to read more)

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