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N.J.A.C. 4A:7-3.2 Model procedures for internal complaints alleging discrimination in the workplace

N.J.A.C. 4A:7-3.2, Model procedures for internal complaints alleging discrimination in the workplace. Each State department, commission, State college or university, agency, and authority (hereafter referred to in this section as "State agency") is responsible f Full text with 5 recorded amendments,

Equal Employment Opportunity and Affirmative Action · Policy Prohibiting Discrimination in the Workplace; Complaint Procedures and Appeals

Current through New Jersey Register, Vol. 58 No. 14, July 20, 2026. Reviewed as of July 26, 2026.

This is an annotated mirror, not the official publication. Verify against the Civil Service Commission before relying on it.

In plain language

Five numbers carry this procedure. The agency has 120 days from the completion of intake to finish its investigation and issue a final letter of determination, extendable by up to 60 days in exceptional circumstances, with written notice and an explanation to the parties and to the Division of EEO/AA. An appeal to the Civil Service Commission is due within 20 days of receiving that letter, and it is decided on the written record with the burden of proof on the appellant. That holds in both directions: a complainant who disagrees with the determination, and a person complained against where a violation was substantiated but no discipline was recommended. Where discipline was recommended, a career service employee appeals through the discipline rules instead. Filing internally does not pause the outside clocks. A complaint to the Division on Civil Rights runs 180 days and one to the EEOC runs 300 days, both measured from the last incident rather than from the final letter.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:7-3.2. It is a description of the rule, not the rule itself, and not legal advice.

Reporting discrimination or harassment at work

What this section contains is a model. Each State department, commission, State college or university, agency and authority has to implement it, complete it to reflect its own structure, and file the completed version with the Division of EEO/AA. The procedure you actually use is your agency's copy of this text with the names filled in, so the officer, the designee and the addresses will differ while the steps and the deadlines do not.

It binds State employers. Local service is outside it: a local appointing authority may establish its own policies and procedures for processing discrimination complaints, and what those look like varies by employer. The policy this procedure enforces covers employees and applicants for employment, reaches conduct at any location that can reasonably be regarded as an extension of the workplace, and includes third party harassment, meaning unwelcome behaviour tied to a protected category that is not aimed at anyone in particular but interferes with someone's ability to do their job.

Reporting is deliberately wide. A complaint can go to the agency's EEO/AA Officer, to any supervisory employee, or to the named authorised designee. Supervisors have no discretion here: they must immediately report alleged violations to the EEO/AA Officer, including ones they witnessed rather than received. Where reporting to any of those people would be a conflict of interest, for instance where the person complained of is involved in intake, investigation or the decision, the complaint may be filed directly with the Division of EEO/AA in Trenton. Form DPF-481 is encouraged, and an investigation may be conducted whether or not the form is completed.

The deadlines run in both directions. The investigation must be completed and a final letter of determination issued no later than 120 days after the initial intake is completed, extendable by the agency head by up to 60 days in exceptional circumstances, with written notice and an explanation to the parties and the Division. A complainant in the career, unclassified or senior executive service, or an applicant, who disagrees with the determination has 20 days from receipt to appeal in writing to the Commission, which decides on the written record, with the burden of proof on the appellant in all discrimination appeals. Where a violation was substantiated but no discipline recommended, the person complained of has the same 20 days. Filing externally is available in addition to the internal route, and those deadlines run from the last incident rather than from the determination: 180 days for the Division on Civil Rights, 300 days for the federal Equal Employment Opportunity Commission.

One subchapter looks like this route and is not it. N.J.A.C. 4A:1-5 is the Civil Service Commission's own internal grievance procedure, adopted to satisfy the Americans with Disabilities Act as a public entity, run by a designated ADA Coordinator, and concerned with the programs, activities and services the Commission itself provides. Its own published notice says that in employment related grievances the equal employment opportunity procedures at N.J.A.C. 4A:7-1.1 et seq. will be followed where applicable. A complaint about your employer's conduct filed there is in front of the wrong body.

Two limits are stated openly in the rule. The burden is on the complainant to articulate a sufficient connection between the conduct complained of and a protected category, and whether a full investigation happens is at the EEO/AA Officer's discretion, weighing that connection along with the facts presented, when the incident occurred, when it was reported and whether the people involved are current State employees.

Related on this site: /jurisdiction/state, /discipline-removal

Written by the NJ Civil Service Navigator editorial team. Every statement here traces to the rules cited on this page. It is not legal advice, and a collective agreement may change how these rules apply to you.

Each State department, commission, State college or university, agency, and authority (hereafter referred to in this section as "State agency") is responsible for implementing this model procedure, completing it to reflect the structure of the organization, and filing a copy of the completed procedure with the Division of EEO/AA.

All employees and applicants for employment should promptly report suspected violations of the State Policy Prohibiting Discrimination in the Workplace, N.J.A.C. 4A:7-3.1 (State Policy). The complainant shall have the burden to articulate a sufficient nexus between the alleged conduct to a protected category pursuant to the State Policy.

(b) Complaints of prohibited discrimination/harassment can be reported to either (name of Officer), the EEO/AA Officer, or to any supervisory employee of the State agency. Complaints may also be reported to (Authorized Designee). To facilitate the reporting of a complaint, Discrimination Complaint Processing Forms (DPF-481) can be found on the Appointing Authorities' Intranet or the Civil Service Commission's website. #

(c) Complaints and allegations of discrimination/harassment should be reported promptly. Delays in reporting may not only hinder a proper investigation, but may also unnecessarily subject the victim to continued prohibited conduct. #

(d) Supervisory employees shall immediately report all alleged violations of the State of New Jersey Policy Prohibiting Discrimination in the Workplace to (Name of Officer), EEO/AA Officer. Such a report shall include both alleged violations reported to a supervisor, and those alleged violations directly observed by the supervisor. #

(e) If reporting a complaint to any of the persons set forth in subsections (a) through (d) above presents a conflict of interest, the complaint may be filed directly with the Division of EEO/AA, PO Box 315, Trenton, NJ 08625. An example of such a conflict would be where the individual against whom the complaint is made is involved in the intake, investigative or decision making process. #

(f) In order to facilitate a prompt, thorough, and impartial investigation, all complainants are encouraged to submit a Discrimination Complaint Processing Form (DPF-481). An investigation may be conducted whether or not the form is completed. #

(g) Each State agency shall maintain a written record of the discrimination/harassment complaints received. Written records shall be maintained as confidential records to the extent practicable and appropriate. A copy of all complaints (regardless of the format in which submitted) must be submitted to the Division of EEO/AA, by the State agency's EEO/AA Officer, along with a copy of the acknowledgement letter(s) sent to the person(s) who filed the complaint and, if applicable, the complaint notification letter sent to the person(s) against whom the complaint has been filed. If a written complaint has not been filed, the EEO/AA Officer must submit to the Division of EEO/AA a brief summary of the allegations that have been made. Copies of complaints filed with the New Jersey Division on Civil Rights, the U.S. Equal Employment Opportunity Commission, or in court also must be submitted to the Division of EEO/AA. #

(h) During the initial intake of a complaint, the EEO/AA Officer or authorized designee will obtain information regarding the complaint, and determine if interim corrective measures are necessary to prevent continued violations of the State's Policy Prohibiting Discrimination in the Workplace. Interim corrective actions include, but are not limited to: #

1. Separation of parties; #

2. Removal or parties from the workplace; and #

3. Involvement of law enforcement, when appropriate, for instances involving bodily harm or serious bodily harm. #

(i) At the EEO/AA Officer's discretion, a prompt, thorough, and impartial investigation into the alleged harassment or discrimination will take place. In determining whether or not a thorough and impartial investigation is warranted, the EEO/AA Officer when reviewing complaints shall consider, but is not limited to considering, the following factors: the facts presented, whether the complainant articulated a sufficient nexus between the alleged conduct to a protected category as set forth in N.J.A.C. 4A:7-3.1(a), the time the incident(s) occurred, the time the incident was reported, and whether the complainant and/or respondent is a current State employee (regardless of when the incident occurred). #

(j) An investigative report will be prepared by the EEO/AA Officer or his or her designee when the investigation is completed. The report will include, at a minimum: #

1. A summary of the complaint; #

2. A summary of the parties' positions; #

3. A summary of the facts developed though the investigation; and #

4. An analysis of the allegations and the facts. The investigative report will be submitted to (State agency head) who will issue a final letter of determination to the parties. #

(k) The (State agency head or designee) will review the investigative report issued by the EEO/AA Officer or authorized designee, and make a determination as to whether the allegation of a violation of the State's Policy Prohibiting Discrimination in the Workplace has been substantiated. If a violation has occurred, the (State agency head or designee) will determine the appropriate corrective measures necessary to immediately remedy the violation. #

(l) The (State agency head or designee) will issue a final letter of determination to both the complainant(s) and the person(s) against whom the complaint was filed, setting forth the results of the investigation and the right of appeal to the Civil Service Commission as set forth in subsections (m) and (n) below. To the extent possible, the privacy of all parties involved in the process shall be maintained in the final letter of determination. The Division of EEO/AA shall be furnished with a copy of the final letter of determination. #

1. The letter shall include, at a minimum: #

i. A brief summary of the parties' positions; #

ii. A brief summary of the facts developed during the investigation; and #

iii. An explanation of the determination, which shall include whether: #

(1) The allegations were either substantiated or not substantiated; and #

(2) A violation of the Policy Prohibiting Discrimination in the Workplace did or did not occur. #

2. The investigation of a complaint shall be completed and a final letter of determination shall be issued no later than 120 days after the initial intake of the complaint referred to in (h) above is completed. #

3. The time for completion of the investigation and issuance of the final letter of determination may be extended by the State agency head for up to 60 additional days in cases involving exceptional circumstances. The State agency head shall provide the Division of EEO/AA and all parties with written notice of any extension and shall include in the notice an explanation of the exceptional circumstances supporting the extension. #

(m) A complainant who is in the career, unclassified, or senior executive service, or who is an applicant for employment, who disagrees with the determination of the (State agency head or designee), may submit a written appeal, within 20 days of the receipt of the final letter of determination from the (State agency head or designee), to the Civil Service Commission, PO Box 312, Trenton, NJ 08625. The appeal shall be in writing and include all materials presented by the complainant at the State agency level, the final letter of determination, the reason for the appeal, and the specific relief requested. #

1. Employees filing appeals which raise issues for which there is another specific appeal procedure must utilize those procedures. The Commission may require any appeal, which raises issues of alleged discrimination and other issues, such as examination appeals, to be processed using the procedures set forth in this section or a combination of procedures as the Commission deems appropriate. See N.J.A.C. 4A:2-1.7. #

2. If an appeal under this chapter raises issues concerning the employee not receiving an advancement appointment, the Commission shall decide those issues in the course of its determination. #

3. The Civil Service Commission shall decide the appeal on a review of the written record or such other proceeding as it deems appropriate. See N.J.A.C. 4A:2-1.1(d). #

4. The appellant shall have the burden of proof in all discrimination appeals brought before the Civil Service Commission. #

(n) In a case where a violation has been substantiated, and no disciplinary action recommended, the party(ies) against whom the complaint was filed may appeal the determination to the Civil Service Commission at the address indicated in (m) above within 20 days of receipt of the final letter of determination by the State agency head or designee. #

1. The burden of proof shall be on the appellant. #

2. The appeal shall be in writing and include the final letter of determination, the reason for the appeal, and the specific relief requested. #

3. If disciplinary action has been recommended in the final letter of determination, any party charged who is in the career service may appeal using the procedures set forth in N.J.A.C. 4A:2-2 and 3. #

(o) The Director of the Division of EEO/AA shall be placed on notice of, and given the opportunity to submit comment on, appeals filed with the Civil Service Commission of decisions on discrimination complaints, regardless of whether or not the complaint was initially filed directly with the Director of EEO/AA. #

(p) Any employee or applicant for employment can file a complaint directly with external agencies that investigate discrimination/harassment charges in addition to utilizing this internal procedure. The time frames for filing complaints with external agencies indicated below are provided for informational purposes only. An individual should contact the specific agency to obtain exact time frames for filing a complaint. The deadlines run from the date of the last incident of alleged discrimination/harassment, not from the date that the final letter of determination is issued by the State agency head or designee. #

1. Complaints may be filed with the following external agencies: #

i. Division on Civil Rights N.J. Department of Law & Public Safety (Within 180 days of the discriminatory act) #

ii. US Equal Employment Opportunity Commission (EEOC) (Within 300 days of the discriminatory act)" #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 5 recorded changes.

  1. AmendedR.2019 d.072
    51 N.J.R. 191(b); 51 N.J.R. 1115(a); 52 N.J.R. 971(a)
  2. AmendedR.2015 d.188
    47 N.J.R. 1698(a); 47 N.J.R. 2972(a)
  3. AmendedR.2014 d.099
    45 N.J.R. 500(a); 46 N.J.R. 260(a); 46 N.J.R. 1331(c)
  4. AmendedR.2007 d.244
    39 N.J.R. 1340(a); 39 N.J.R. 3499(a)
  5. New ruleR.2002 d.10
    33 N.J.R. 3281(a); 34 N.J.R. 261(a)

How this rule has been applied

64 decisions have cited N.J.A.C. 4A:7-3.2. The list below is citations to those decisions, not the decisions. We have not written summaries for this section. A citation with no summary is deliberate: we do not paraphrase a decision we have not read. Nothing here is legal advice.

New Jersey Supreme Court (1)
  • Aguas v. State220 N.J. 494; 107 A.3d 1250; 2015 N.J. LEXIS 1312015
Superior Court (1)
  • In re Hearn417 N.J. Super. 289; 9 A.3d 1032; 2010 N.J. Super. LEXIS 2082010
Civil Service Commission final determinations (60)
  • In re M.M., Dep't of Children & Families, CSC Docket No. 2023-6602023 N.J. CSC LEXIS 192Docket 2023-660
  • In re M.G., Dep't of Health, CSC Docket No. 2020-25402022 N.J. CSC LEXIS 428Docket 2020-2540
  • In re P.T., Dep't of Human Serv., CSC Docket No. 2022-2002021 N.J. CSC LEXIS 425Docket 2022-200
  • Commission. In re K.T., Dep't of Labor & Workforce Dev., CSC Docket No. 2021-6882021 N.J. CSC LEXIS 257Docket 2021-688
  • In re L.V., State Parole Bd., CSC Docket No. 2021-10622021 N.J. CSC LEXIS 132Docket 2021-1062
  • In re P.L., Dep't of Transp., CSC Docket No. 2019-12152021 N.J. CSC LEXIS 66Docket 2019-1215
  • In re D.F., Dep't of Health, CSC Docket No. 2020-10952020 N.J. CSC LEXIS 365Docket 2020-1095
  • In re C.L.C., Pub. Emp't Relations Comm'n, CSC Docket No. 2020-10262020 N.J. CSC LEXIS 349Docket 2020-1026
  • In re K.P., Motor Vehicle Comm'n, CSC Docket No. 2020-20232020 N.J. CSC LEXIS 341Docket 2020-2023
  • In re K.D., Div. on Civil Rights, CSC Docket No. 2019-36322020 N.J. CSC LEXIS 245Docket 2019-3632
  • In re B.G., Dep't of Transp., CSC Docket No. 2019-22452020 N.J. CSC LEXIS 178Docket 2019-2245
  • In re T.W., Dep't of Health, CSC Docket No. 2019-26112019 N.J. CSC LEXIS 1055Docket 2019-2611
  • In re H.P., Dep't of Transp., CSC Docket No. 2019-17232019 N.J. CSC LEXIS 409Docket 2019-1723
  • Policy. In re A.J-S., Dep't of Health, CSC Docket No. 2019-17512019 N.J. CSC LEXIS 379Docket 2019-1751
  • Civil Service Commission. In re J.T., Dep't of Educ., CSC Docket No. 2018-36142019 N.J. CSC LEXIS 305Docket 2018-3614
  • State Policy. In re J.B., Dep't of Banking & Ins., CSC Docket No. 2019-4192019 N.J. CSC LEXIS 242Docket 2019-419
  • In re L.J., William Paterson Univ., CSC Docket No. 2019-12372019 N.J. CSC LEXIS 188Docket 2019-1237
  • State Policy Prohibiting Discrimination in the Workplace. In re J.C-R., Office of Information Tech., CSC Docket No. 2019-4182019 N.J. CSC LEXIS 1Docket 2019-418
  • In re Borowski, Kean Univ., CSC DKT. NOS. 2017-1322 & 2017-1391 (Consolidated)2018 N.J. CSC LEXIS 790
  • In re D.B, et al., CSC Docket Nos. 2018-2045, et al.2018 N.J. CSC LEXIS 666Docket 2018-2045
  • In re D.C-W., CSC Docket No. 2018-16442018 N.J. CSC LEXIS 432Docket 2018-1644
  • In re L.B., Motor Vehicle Comm'n, CSC Docket No. 2017-33852018 N.J. CSC LEXIS 407Docket 2017-3385
  • In re W.Q., Richard Stockton State Univ., CSC Docket No. 2018-14662018 N.J. CSC LEXIS 375Docket 2018-1466
  • In re N.B., Dep't of Lab. & Workforce Dev., CSC Docket No. 2018-14672018 N.J. CSC LEXIS 366Docket 2018-1467
  • Policy. In re L.P., Woodbine Developmental Ctr., CSC Docket No. 2017-25902018 N.J. CSC LEXIS 406Docket 2017-2590
  • In re G.H., Dep't of Corrs., CSC Docket No. 2018-2352018 N.J. CSC LEXIS 367Docket 2018-235
  • In re P.D., Dep't of Corr., CSC Docket No. 2018-6762018 N.J. CSC LEXIS 317Docket 2018-676
  • In re K.B., Dep't of Military & Veterans Affairs, CSC Docket No. 2017-31562018 N.J. CSC LEXIS 247Docket 2017-3156
  • In re D.C-W., CSC Docket No. 2018-3042018 N.J. CSC LEXIS 258Docket 2018-304
  • In re L.H., Dep't of Corrs., CSC Docket Nos. 2017-1972 and 2017-4004 (Consolidated)2018 N.J. CSC LEXIS 250Docket 2017-1972 and 2017-4004
  • State Policy Prohibiting Discrimination in the Workplace. In re L.H., Dep't of Corrs., CSC Docket Nos. 2017-1972 and 2017-4004 (Consolidated)2018 N.J. CSC LEXIS 250Docket 2017-1972 and 2017-4004
  • In re P.D., Dep't of Corr., CSC Docket No. 2018-6762018 N.J. CSC LEXIS 132Docket 2018-676
  • In re D.W., Woodbine Dev. Ctr., CSC Docket No. 2017-23602018 N.J. CSC LEXIS 100Docket 2017-2360
  • In re M.M., Dep't of Human Servs., CSC Docket No. 2018-1382018 N.J. CSC LEXIS 134Docket 2018-138
  • In re Kidd, Dep't of Health, CSC Docket No. 2017-25682018 N.J. CSC LEXIS 127Docket 2017-2568
  • In the Matter of B.C., Dep't of the Treasury, CSC Docket No. 2016-29492018 N.J. CSC LEXIS 111Docket 2016-2949
  • In re A.H., N.J. State Parole Bd., CSC Docket No. 2017-17612018 N.J. CSC LEXIS 101Docket 2017-1761
  • In re R.S., Dep't of Transp., CSC Docket No. 2017-8562018 N.J. CSC LEXIS 136Docket 2017-856
  • In re S.F., Dep't of the Treasury, CSC Docket No. 2017-38232017 N.J. CSC LEXIS 618Docket 2017-3823
  • In re B.R., Dep't of Human Servs., CSC Docket No. 2016-42432017 N.J. CSC LEXIS 633Docket 2016-4243
  • In re C.B., Kean Univ., CSC Docket Nos. 2017-1322 and 2017-1391 (Consolidated)2017 N.J. CSC LEXIS 464Docket 2017-1322 and 2017-1391
  • State Policy. In re J.C., Dep't of Banking & Ins., CSC Docket No. 2016-28192017 N.J. CSC LEXIS 411Docket 2016-2819
  • Policy. In re K.R., Dep't of Military & Veterans Affairs, CSC Docket No. 2017-19102017 N.J. CSC LEXIS 339Docket 2017-1910
  • "Manly." In re H.F., Dep't of Human Servs., CSC Dkt. No. 2017-12772017 N.J. CSC LEXIS 284
  • In re D.A., Dep't of Health, CSC Docket No. 2016-38402017 N.J. CSC LEXIS 228Docket 2016-3840
  • In re T.H., Dep't of Transp., CSC Docket No. 2017-12202017 N.J. CSC LEXIS 175Docket 2017-1220
  • New Jersey State Policy Prohibiting Discrimination in the Workplace. In re B.S., Dep't of Human Servs., CSC Docket No. 2016-37572017 N.J. CSC LEXIS 135Docket 2016-3757
  • In re C.M., Dep't of Law and Pub. Safety, CSC Docket Nos. 2016-36572017 N.J. CSC LEXIS 75Docket 2016-3657
  • In re L.D., Dep't of Human Servs., CSC Dkt. Nos. 2016-22732017 N.J. CSC LEXIS 36
  • In re S.B., State Parole Bd., CSC Docket Nos. 2016-270 and 2016-1939 (Consolidated)2015 N.J. CSC LEXIS 188Docket 2016-270 and 2016-1939
  • In re P.O., Dep't of Community Affairs, CSC Docket No. 2015-18652015 N.J. CSC LEXIS 142Docket 2015-1865
  • In re P.O., Dep't of Community Affairs, CSC Docket No. 2015-18652015 N.J. CSC LEXIS 142Docket 2015-1865
  • In re P.F., Dep't of Human Servs., CSC Docket No. 2015-25712015 N.J. CSC LEXIS 12Docket 2015-2571
  • In re Reddy, Dep't of Human Servs., CSC Docket No. 2014-23302015 N.J. CSC LEXIS 170Docket 2014-2330
  • In re S.W., Dep't of Human Servs., CSC Dkt. No. 2014-11772014 N.J. CSC LEXIS 800
  • In re Y.C., Dep't of Children & Families, CSC Dkt. No. 2015-1532014 N.J. CSC LEXIS 848
  • In re K.R., Dep't of the Treasury, CSC Dkt. No. 2014-20282014 N.J. CSC LEXIS 852
  • In re S.B., State Parole Bd., CSC Dkt. Nos. 2013-3832014 N.J. CSC LEXIS 839
  • In re Y.T., Dep't of Corrs., CSC Dkt. No. 2014-14432014 N.J. CSC LEXIS 856
  • In re B.L., Dep't of Law & Public Safety, CSC Dkt. No. 2014-17442014 N.J. CSC LEXIS 837
Office of Administrative Law initial decisions (2)
  • Merit Service Board. In re Lemieux2008 N.J. AGEN LEXIS 603Docket CSV 12285-07
  • In re Chierchia2006 N.J. AGEN LEXIS 401Docket CSV 618-04

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