Notice-of-Claim Requirement Does Not Apply to New Jersey's Civil Rights Act

Owens, et al., v. Feigin, et al., A-43-07 (N.J. June 3, 2008) —  The New Jersey Supreme Court recently held that the 90-day notice of claim requirement under the New Jersey Tort Claims Act (TCA) does not apply to causes of action brought under the New Jersey Civil Rights Act (CRA). 

The New Jersey CRA creates a statutory cause of action for violations of state and federal constitutional rights, filling the gaps in New Jersey’s statutory anti-discrimination laws.   Under the CRA, an individual or the Attorney General (on behalf of employees) may bring a cause of action against any employer, public or private, for alleged violations. The Supreme Court noted the silence of the Act’s legislative history on this point, and the plain language of the statute, and held that no 90-day requirement exists.

Subsequently, a bill (A3092) was introduced in the New Jersey Legislature to make the notice of claim requirements applicable to the CRA.

Note: This article was published in the July 2008 issue of the New Jersey eAuthority.