Can I go directly to court with my complaint?
Yes. Under the LAD and FLA, an individual may initiate an action in Superior Court without first filing a complaint with the Division. Prosecution of your claim in Superior Court, however, bars the simultaneous filing of a complaint with the Division or the further processing of a complaint which has already been filed with the Division. If you file an action in Superior Court, you are entitled to a jury trial and, if you win your case, a judge or jury may award you compensatory damages (such as back pay, reinstatement, promotion, pain and humiliation) and punitive damages.