DC Human Rights Law

DC Human Rights Law

D.C. CODE
TITLE 1
CHAPTER 25 — HUMAN RIGHTS

Subchapter I

General Provisions.

1-2501. Intent of Council.

1-2502. Definitions.

1-2503. Exceptions.

1-2504. Severability.

1-2505. Discrimination based on pregnancy, childbirth, or related medical conditions.

Subchapter II

Prohibited Acts of Discrimination.

1-2511. Equal opportunities.

1-2512. Unlawful discriminatory practices in employment.

1-2513. Exceptions regarding seniority system and officer cadet programs.

1-2514. Reports furnished to Office.

1-2515. Unlawful discriminatory practices in real estate transactions.

1-2516. Blockbusting and steering.

1-2517. Acts of discrimination by broker or salesperson.

1-2518. Exceptions.

1-2519. Unlawful discriminatory practices in public accommodations.

1-2520. Unlawful discriminatory practices in educational institutions.

1-2521. Exceptions regarding sex discrimination and age.

1-2522. Posting of notice.

1-2523. Preservation of business records; contents; reports to Office.

1-2524. Affirmative action plans.

1-2525. Coercion or retaliation.

1-2526. Aiding or abetting.

1-2527. Conciliation agreements.

1-2528. Resisting the Office or Commission.

1-2529. Falsifying documents and testimony.

1-2530. Arrest records.

1-2531. Compliance with chapter prerequisite for licenses.

1-2532. Discriminatory effects of practices.

1-2533. Sale of motor vehicle insurance.

1-2534. Motor vehicle rental companies.

Subchapter III

Procedures.

1-2541. Powers of Office and Commission; annual report by Mayor.

1-2542. Complaints; independent action by other District agencies.

1-2543. Establishment of procedure for complaints filed against District government.

1-2544. Filing of complaints and mediation.

1-2545. Investigation.

1-2546. Conciliation.

1-2547. Injunctive relief.

1-2548. Posting of notice of complaint in housing accommodation.

1-2549. Service of process.

1-2550. Notice of hearing.

1-2551. Hearing tribunal.

1-2552. Conduct of hearing.

1-2553. Decision and order.

1-2554. Judicial review.

1-2555. Enforcement of order.

1-2556. Private cause of action.

1-2557. Referral to licensing agencies.

 

覧覧覧覧覧

SUBCHAPTER I

GENERAL PROVISIONS

ァ 1-2501. Intent of Council.

It is the intent of the Council of the District of Columbia, in enacting this chapter, to secure an end in the District of Columbia to discrimination for any reason other than that of individual merit, including, but not limited to, discrimination by reason of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, disability, source of income, and place of residence or business.

(1973 Ed., ァ 6-2201; Dec. 13, 1977, D.C. Law 2-38, title I, ァ 101, 24 DCR 6038; June 28, 1994, D.C. Law 10-129, ァ 2(a), 41 DCR 2583.)

ァ 1-2502. Definitions.

The following words and terms when used in this chapter have the following meanings:

(1) "Administrative Procedure Act" means the "District of Columbia Administrative Procedure Act," (D.C. Code, ァ 1-1501 et seq.).

(2) "Age" means 18 years of age or older.

(3) "Chairman" means the duly appointed Chairman of the District of Columbia Commission on Human Rights.

(4) "Commission" means the District of Columbia Commission on Human Rights, as established by Commissioner's Order No. 71-224, dated July 8, 1971.

(5) "Council" means the Council of the District of Columbia as established by ァ 1-221(a).

(5A) "Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual having a record of such an impairment or being regarded as having such an impairment.

(6) "Director" means the Director of the District of Columbia Office of Human Rights, or a designate.

(7) "District" means the District of Columbia.

(8) "Educational institution" means any public or private institution including an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system or university; and a business, nursing,

professional, secretarial, technical, or vocational school; and includes an agent of an educational institution.

(9) "Employee" means any individual employed by or seeking employment from an employer.

(10) "Employer" means any person who, for compensation, employs an individual, except for the employer's parent, spouse, children or domestic servants, engaged in work in and about the employer's household; any person acting in the interest of such employer, directly or indirectly; and any professional association.

(11) "Employment agency" means any person regularly undertaking or attempting, with or without compensation, to procure employees for an employer or to procure for employees, opportunities to work for an employer, and includes an agent of such a person.

(12) "Family responsibilities" means the state of being, or the potential to become, a contributor to the support of a person or persons in a dependent relationship, irrespective of their number, including the state of being the subject of an order of withholding or similar proceedings for the purpose of paying child support or a debt related to child support.

(13) "Hearing tribunal" means members of the Commission, or 1 or more hearing examiners, appointed by the Commission to conduct a hearing.

(14) "Housing business" means a business operated under the authority of a license issued by the Mayor, or other authorized District agent, pursuant to ァ 47-2828 and the regulations promulgated thereunder.

(15) "Labor organization" means any organization, agency, employee representation committee, group, association, or plan in which employees participate directly or indirectly; and which exists for the purpose, in whole

or in part, of dealing with employers, or any agent thereof, concerning grievances, labor disputes, wages, rates of pay, hours, or other terms, conditions, or privileges of employment; and any conference, general committee, joint or system board, or joint council, which is subordinate to a national or international organization.

(16) "Make public" means disclosure to the public or to the news media of any personal or business data obtained during the course of an investigation of a complaint filed under the provisions of this chapter, but not to include the publication of EEO-1, EEO-2, or EEO-3 reports as required by the Equal Employment Opportunity Commission, or any other data in the course of any administrative or judicial proceeding under this chapter; or any judicial proceeding under Title VII of the Civil Rights Act of 1964 involving such information; nor shall it include access to such data by staff or the Office of Human Rights, members of the Commission on Human Rights, or parties to a proceeding, nor shall it include publication of aggregated data from individual reports.

(17) "Marital status" means the state of being married, single, divorced, separated, or widowed and the usual conditions associated therewith, including pregnancy or parenthood.

(18) "Matriculation" means the condition of being enrolled in a college, or university; or in a business, nursing, professional, secretarial, technical or vocational school; or in an adult education program.

(19) "Office" means the District of Columbia Office of Human Rights, as established by Commissioner's Order No. 71-224, dated July 8, 1971, as amended.

(20) (A) "Owner" means 1 of the following:

(i) Any person, or any one of a number of persons in whom is vested all or any part of the legal or equitable ownership, dominion, or title to any real property;

(ii) The committee, conservator, or any other legal guardian of a person who for any reason is non sui juris, in whom is vested the legal or equitable ownership, dominion or title to any real property; or

(iii) A trustee, elected or appointed or required by law to execute a trust, other than a trustee under a deed of trust to secure the payment of money; or one who, as agent of, or fiduciary, or officer appointed by the court for

the estate of the person defined in sub-subparagraph (i) of this subparagraph shall have charge, care or control of any real property.

(B) The term "owner" shall also include the lessee, the sublessee, assignee, managing agent, or other person having the right of ownership or possession of, or the right to sell, rent or lease, any real property.

(21) "Person" means any individual, firm, partnership, mutual company, joint-stock company, corporation, association, organization, unincorporated organization, labor union, government agency, incorporated society, statutory or common-law trust, estate, executor, administrator, receiver, trustee, conservator, liquidator, trustee in

bankruptcy, committee, assignee, officer, employee, principal or agent, legal or personal representative, real estate broker or salesman or any agent or representative of any of the foregoing.

(22) "Personal appearance" means the outward appearance of any person, irrespective of sex, with regard to bodily condition or characteristics, manner or style of dress, and manner or style of personal grooming, including, but not limited to, hair style and beards. It shall not relate, however, to the requirement of cleanliness, uniforms, or prescribed standards, when uniformly applied for admittance to a public accommodation, or when uniformly applied to a class of employees for a reasonable business purpose; or when such bodily conditions or characteristics, style or manner of dress or personal grooming presents a danger to the health, welfare or safety of any individual.

(23) Repealed.

(24) "Place of public accommondation" means all places included in the meaning of such terms as inns, taverns, road houses, hotels, motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest; restaurants or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectionaries, soda fountains and all stores where ice cream, ice and fruit

preparation or their derivatives, or where beverages of any kind are retailed for consumption on the premises; wholesale and retail stores, and establishments dealing with goods or services of any kind, including, but

not limited to, the credit facilities thereof; banks, savings and loan associations, establishments of mortgage bankers and brokers, all other financial institutions, and credit information bureaus; insurance companies and establishments of insurance policy brokers; dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries and all other cleaning establishments; barber shops, beauty parlors, theatres, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer camps, resort camps, fairs,

bowling alleys, golf courses, gymnasiums, shooting galleries, billiards and pool parlors; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or tour

advisory services, agencies or bureaus; public halls and public elevators of buildings and structures, occupied by 2 or more tenants, or by the owner and 1 or more tenants. Such term shall not include any institution, club, or

place of accommodation which is in its nature distinctly private except, that any such institution, club or place of accommodation shall be subject to the provisions of ァ 1-2531. A place of accommodation, institution, or club

shall not be considered in its nature distinctly private if the place of accommodation, institution, or club:

(A) Has 350 or more members;

(B) Serves meals on a regular basis; and

(C) Regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages directly or indirectly from or on behalf of nonmembers for the furtherance of trade or business.

(25) "Political affiliation" means the state of belonging to or endorsing any political party.

(26) "Real estate broker (or salesperson)" means any person licensed as such in accordance with the provisions of Chapter 19 of Title 45.

(27) "Real Estate Commission" means the Real Estate Commission of the District of Columbia established by ァ 45-1923.

(28) "Sexual orientation" means male or female homosexuality, heterosexuality and bisexuality, by preference or practice.

(29) "Source of income" means the point, the cause, or the form of the origination, or transmittal of gains of property accruing to a person in a stated period of time; including, but not limited to, money and property secured from any occupation, profession or activity, from any contract, agreement or settlement, from federal payments, court-ordered payments, from payments received as gifts, bequests, annuities, life insurance policies and compensation for illness or injury, except in a case where conflict of interest may exist.

(30) "Transaction in real property" means the exhibiting, listing, advertising, negotiating, agreeing to transfer or transferring, whether by sale, lease, sublease, rent, assignment or other agreement, any interest in real property

or improvements thereon, including, but not limited to, leaseholds and other real chattels.

(31) "Unlawful discriminatory practice" means those discriminatory practices which are so specified in subchapter II of this chapter.

(1973 Ed., ァ 6-2202; Dec. 13, 1977, D.C. Law 2-38, title I, ァ 102, 24 DCR 6038; Mar. 10, 1983, D.C. Law 4-209, ァ 35(a)(1), 30 DCR 390; Feb. 24, 1987, D.C. Law 6-166, ァ 33(c), 33 DCR 6710; Dec. 10, 1987, D.C. Law 7-50, ァ 2, 34 DCR 6887; June 28, 1994, D.C. Law 10-129, ァ2(b), 41 DCR 2583.)

ァ 1-2503. Exceptions.

(a) Any practice which has a discriminatory effect and which would otherwise be prohibited by this chapter shall not be deemed unlawful if it can be established that such practice is not intentionally devised or operated to contravene the prohibitions of this chapter and can be justified by business necessity. Under this chapter, a "business necessity" exception is applicable only in each individual case where it can be proved by a respondent that, without such exception, such business cannot be conducted; a "business necessity" exception cannot be justified by the facts

of increased cost to business, business efficiency, the comparative characteristics of 1 group as opposed to another, the stereotyped characterization of 1 group as opposed to another, and the preferences of co-workers, employers, customers or any other person.

(b) Nothing contained in the provisions of this chapter shall be construed to bar any religious or political organization, or any organization operated for charitable or educational purposes, which is operated, supervised or

controlled by or in connection with a religious or political organization, from limiting employment, or sales, or rental of housing accommodations, or admission to or giving preference to persons of the same religion or

political persuasion as is calculated by such organization to promote the religious or political principles for which it is established or maintained.

(c) Nothing in this chapter shall be construed to supersede any federal rule, regulation or act.

(1973 Ed., ァ 6-2203; Dec. 13, 1977, D.C. Law 2-38, title I, ァ 103, 24 DCR 6038.)

 

ァ 1-2504. Severability.

If any provision, or part thereof of this chapter or application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision, or part thereof, to other persons not similarly situated or to other circumstances is not to be affected thereby.

 

(1973 Ed., ァ 6-2204; Dec. 13, 1977, D.C. Law 2-38, title I, ァ 104, 24 DCR 6038.)

 

ァ 1-2505. Discrimination based on pregnancy, childbirth, or related medical conditions.

(a) For the purposes of interpreting this chapter, discrimination on the basis of sex shall include, but not be limited to, discrimination on the basis of pregnancy, childbirth, or related medical conditions.

(b) Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and this requirement shall include, but not be limited to, a requirement that an employer must treat an employee temporarily unable to perform the functions of her job because of her pregnancy-related condition in the same manner as it treats other temporarily disabled employees.

(Dec. 13, 1977, D.C. Law 2-38, title I, ァ 105, as added July 17, 1985, D.C. Law 6-8, ァ 2, 32 DCR 2959.)

 

SUBCHAPTER II

PROHIBITED ACTS OF DISCRIMINATION

ァ 1-2511. Equal opportunities.

Every individual shall have an equal opportunity to participate fully in the economic, cultural and intellectual life of the District and to have an equal opportunity to participate in all aspects of life, including, but not limited to,

in employment, in places of public accommodation, resort or amusement, in educational institutions, in public service, and in housing and commercial space accommodations.

(1973 Ed., ァ 6-2211; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 201, 24 DCR 6038.)

 

ァ 1-2512. Unlawful discriminatory practices in employment.

(a) General. It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based upon the race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, disability, matriculation, or political affiliation of any individual:

(1) By an employer. To fail or refuse to hire, or to discharge, any individual; or otherwise to discriminate against any individual, with respect to his compensation, terms, conditions, or privileges of employment, including promotion; or to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his status as an employee;

(2) By an employment agency. To fail or refuse to refer for employment, or to classify or refer for employment, any individual, or otherwise to discriminate against, any individual; or

(3) By a labor organization. To exclude or to expel from its membership, or otherwise to discriminate against, any individual; or to limit, segregate, or classify its membership; or to classify, or fail, or refuse to refer for employment any individual in any way, which would deprive such individual of employment opportunities, or would limit such employment opportunities, or otherwise adversely affect his status as an employee or as an applicant for employment; or

(4) By an employer, employment agency or labor organization.

(A) To discriminate against any individual in admission to or the employment in, any program established to provide apprenticeship or other training or retraining, including an on-the-job training program;

(B) To print or publish, or cause to be printed or published, any notice or advertisement, or use any publication form, relating to employment by such an employer, or to membership in, or any classification or referral for

employment by such a labor organization, or to any classification or referral for employment by such an employment agency, unlawfully indicating any preference, limitation, specification, or distinction, based on

the race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, disability, or political affiliation of any individual.

(b) Subterfuge. It shall further be an unlawful discriminatory practice to do any of the above said acts for any reason that would not have been asserted but for, wholly or partially, a discriminatory reason based on the race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, disability, or political affiliation of any individual.

(c) Accommodation for religious observance.

(1) It shall further be an unlawful discriminatory practice for an employer to refuse to make a reasonable accommodation for an employee's religious observance by permitting the employee to make up work time lost due to such observance, unless such an accommodation would cause the employer undue hardship. An accommodation would cause an employer undue hardship when it would cause the employer to incur more than de minimis costs.

(2) Such an accommodation may be made by permitting the employee to work:

(A) During the employee's scheduled lunch time or other work breaks;

(B) Before or after the employee's usual working hours;

(C) Outside of the employer's normal business hours;

(D) During the employee's paid vacation days;

(E) During another employee's working hours as part of a voluntary swap with such other employee; or

(F) In any other manner that is mutually agreeable to the employer and employee.

(3) When an employee's request for a particular form of accommodation would cause undue hardship to the employer, the employer shall reasonably accommodate the employee in a manner that does not cause undue hardship to the employer. Where other means of accommodation would cause undue hardship to the employer, an employee shall have the option of taking leave without pay if granting leave without pay would not

cause undue hardship to the employer.

(4) An employee shall notify the employer of the need for an accommodation at least 10 working days prior to the day or days for which the accommodation is needed, unless the need for the accommodation cannot reasonably be foreseen.

(5) In any proceeding brought under this section, the employer shall have the burden of establishing that it would be unable reasonably to accommodate an employee's religious observance without incurring an undue hardship, provided, however, that in the case of an employer that employs more than 5 but fewer than 15 full-time employees, or where accommodation of an employee's observance of a religious practice would require the employee to take more than 3 consecutive days off from work, the employee shall have the burden of establishing that the employer could reasonably accommodate the employee's religious observance without incurring an undue hardship; and provided further, that it shall be considered an undue hardship if an employer would be required to pay any

additional compensation to an employee by reason of an accommodation for an employee's religious observance. The mere assumption that other employees with the same religious beliefs might also request accommodation shall not be considered evidence of undue hardship. An employer that employs 5 or fewer full-time employees shall be exempt from the provisions of this subsection.

(1973 Ed., ァ 6-2221; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 211, 24 DCR 6038; Mar. 17, 1993, D.C. Law 9-211, ァ 2, 40 DCR 21; June 28, 1994, D.C. Law 10-129, ァ 2(c), 41 DCR 2583.)

 

ァ 1-2513. Exceptions regarding seniority system and officer cadet programs.

(a) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system such as retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this chapter, except that no such employee seniority system or benefit plan shall excuse the failure to hire any individual.

(b) It shall not be an unlawful discriminatory practice for the District of Columbia to prescribe minimum and maximum age limits for appointment to the police officer and firefighter cadet programs.

(1973 Ed., ァ 6-2222; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 212, 24 DCR 6038; Mar. 9, 1983, D.C. Law 4-172, ァ 4(a), 29 DCR 5745.)

 

ァ 1-2514. Reports furnished to Office.

Every employer, employment agency, and labor organization, subject both to this chapter and to Title VII of the Civil Rights Act of 1964, as amended, is to furnish to the Office, all reports that may be required by the Equal Employment Opportunity Commission established under the Civil Rights Act of 1964.

(1973 Ed., ァ 6-2223; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 213, 24 DCR 6038.)

 

ァ 1-2515. Unlawful discriminatory practices in real estate transactions.

(a) General. It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based on the race, color, religion, national origin, sex, age, marital status, personal

appearance, sexual orientation, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business of any individual:

(1) To interrupt or terminate, or refuse or fail to initiate or conduct any transaction in real property; or to require different terms for such transaction; or to represent falsely that an interest in real property is not available for transaction;

(2) To include in the terms or conditions of a transaction in real property, any clause, condition or restriction;

(3) To refuse to lend money, guarantee a loan, accept a deed of trust or mortgage, or otherwise refuse to make funds available for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property;

(4) To refuse or restrict facilities, services, repairs or improvements for a tenant or lessee;

(5) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to a transaction, or proposed transaction, in real property, or financing relating thereto, which

notice, statement, or advertisement unlawfully indicates or attempts unlawfully to indicate any preference, limitation, or discrimination based on race, color, religion, national origin, sex, age, marital status, personal

appearance, sexual orientation, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business, of any individual; or

(6) To discriminate in any financial transaction involving real property, on account of the location of residence or business (i.e. to "red-line").

(b) Subterfuge. It shall further be an unlawful discriminatory practice to do any of the above said acts for any reason that would not have been asserted but for, wholly or partially, a discriminatory reason based on the race, color, religion, national origin, sex, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business of any individual.

(c) Families with children.

(1) It shall be an unlawful discriminatory practice to do any of the acts prohibited in subsections (a) and (b) of this section wholly or partially based on the fact that a person has 1 or more children who reside with that person.

(2) There shall be a rebuttable presumption that an unlawful discriminatory practice has occurred if the person alleging discrimination has 1 or more children who reside with that person and any of the acts prohibited

by subsections (a) and (b) of this section are done to maintain residential occupancies more restrictive than the following:

(A) In an efficiency apartment, 2 persons; or

(B) In an apartment with 1 or more bedrooms, 2 times the number of bedrooms plus 1.

(3) Notwithstanding paragraphs (1) and (2) of this subsection, it shall not be an unlawful discriminatory practice for an owner to limit occupancy of a building to tenants who are natural persons 60 years of age or over: Provided, that nothing in this subsection shall be deemed to abrogate Article 230 of Chapter 2 of the Housing Regulations of the District of Columbia, established by Commissioners' Order No. 55-1503, effective September 1, 1955, or any other law.

(1973 Ed., ァ 6-2231; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 221, 24 DCR 6038; July 26, 1980, D.C. Law 3-80, ァ 2, 27 DCR 2554; June 28, 1994, D.C. Law 10-129, ァ 2(d), 41 DCR 2583.)

 

ァ 1-2516. Blockbusting and steering.

It shall be an unlawful discriminatory practice for any person, whether or not acting for monetary gain, directly or indirectly to engage in the practices of "blockbusting" and "steering", including, but not limited to, the commission of any 1 or more of the following acts:

(1) To promote, induce, influence, or attempt to promote, induce, or influence a transaction in real property through any representation, means or device whatsoever calculated to induce a person to discriminate or to engage in such transaction wholly or partially in response to discrimination, prejudice, fear or unrest adduced by such means, device

or representation;

(2) To place a sign, or display any other device, either purporting to offer or tending to lead to the belief that an offer is being made for a transaction in real property that is not in fact available or offered for transaction, or which purports that any transaction in real property has occurred that in fact has not.

(1973 Ed., ァ 6-2232; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 222, 24 DCR 6038.)

 

ァ 1-2517. Acts of discrimination by broker or salesperson.

Any real estate broker or real estate salesperson who commits any act of discrimination prohibited under the provisions of this chapter, if such act or the property involved is within the District of Columbia, or if such act

occurs outside of the District of Columbia, in a place where such act is prohibited by state or local law, ordinance or regulation, without regard to location of the property, shall be considered by the Real Estate Commission, for the purposes of Chapter 19 of Title 45, as having endangered the public interest; and shall be subject to the procedures set forth in ァ 1-2557.

(1973 Ed., ァ 6-2233; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 223, 24 DCR 6038; Mar. 10, 1983, D.C. Law 4-209, ァ 35(a)(2), 30 DCR 390.)

 

ァ 1-2518. Exceptions.

(a) Nothing in this chapter is to be construed to apply to the rental or leasing of housing accommodations in a building in which the owner, or members of his family occupy one of the living units and in which there are, or the owner intends that there be, accommodations for not more than:

(1) Five families, and only with respect to a prospective tenant, not related to the owner-occupant with whom the owner-occupant anticipates the necessity of sharing a kitchen or bath; and

(2) Two families living independently of each other.

(b) Nothing contained in the provisions of this chapter shall be deemed to permit any rental or occupancy otherwise prohibited by any statute, or by any regulation previously enacted and not repealed herein.

(1973 Ed., ァ 6-2234; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 224, 24 DCR 6038.)

 

ァ 1-2519. Unlawful discriminatory practices in public accommodations.

(a) General. It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based on the race, color, religion, national origin, sex, age, marital status, personal

appearance, sexual orientation, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business of any individual:

(1) To deny, directly or indirectly, any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodations;

(2) To print, circulate, post, or mail, or otherwise cause, directly or indirectly, to be published a statement, advertisement, or sign which indicates that the full and equal enjoyment of the goods, services, facilities,

privileges, advantages, and accommodations of a place of public accommodation will be unlawfully refused, withheld from or denied an individual; or that an individual's patronage of, or presence at, a place of public accommodation is objectional, unwelcome, unacceptable, or undesirable.

(b) Subterfuge. It is further unlawful to do any of the above said acts for any reason that would not have been asserted but for, wholly or partially, a discriminatory reason based on the race, color, religion, national origin,

sex, age, marital status, personal appearance, sexual orientation, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business of any individual.

(1973 Ed., ァ 6-2241; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 231, 24 DCR 6038; June 28, 1994, D.C. Law 10-129, ァ 2(e), 41 DCR 2583.)

 

ァ 1-2520. Unlawful discriminatory practices in educational institutions.

It is an unlawful discriminatory practice, subject to the exemptions in ァ1-2503(b), for an educational institution:

(1) To deny, restrict, or to abridge or condition the use of, or access to, any of its facilities and services to any person otherwise qualified, wholly or partially, for a discriminatory reason, based upon the race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, political affiliation, source of income, or disability of any individual; or

(2) To make or use a written or oral inquiry, or form of application for admission, that elicits or attempts to elicit information, or to make or keep a record, concerning the race, color, religion, or national origin of an applicant for admission, except as permitted by regulations of the Office.

(3) Notwithstanding any other provision of the laws of the District of Columbia, it shall not be an unlawful discriminatory practice in the District of Columbia for any educational institution that is affiliated with a religious

organization or closely associated with the tenets of a religious organization to deny, restrict, abridge, or condition -

(A) the use of any fund, service, facility, or benefit; or

(B) the granting of any endorsement, approval, or recognition, to any person or persons that are organized for, or engaged in, promoting, encouraging, or condoning any homosexual act, lifestyle, orientation, or belief.

(1973 Ed., ァ 6-2251; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 241, 24 DCR 6038; Nov. 21, 1989, 103 Stat. 1284, Pub. L. 101-168, ァ 141(b); June 28, 1994, D.C. Law 10-129, ァ 2(f), 41 DCR 2583.)

 

ァ 1-2521. Exceptions regarding sex discrimination and age.

(a) Nothing in this chapter regarding sex discrimination in admission policy shall apply to any private undergraduate college or to any private preschool, elementary or secondary school; except that, when any of the

above exempted colleges offers a course nowhere else available in the District, opportunity for admission to that course must be open to students of both sexes who otherwise meet lawful requirements for admission.

(b) It shall not be an unlawful discriminatory practice for the District of Columbia to prescribe minimum and maximum age limits for appointment to the police officer and firefighter cadet programs.

(1973 Ed., ァ 6-2252; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 242, 24 DCR 6038; Mar. 9, 1983, D.C. Law 4-172, ァ 4(b), 29 DCR 5745.)

 

ァ 1-2522. Posting of notice.

Every person subject to this chapter shall post and keep posted in a conspicuous location where business or activity is customarily conducted or negotiated, a notice whose language and form has been prepared by the Office, setting forth excerpts from or summaries of, the pertinent provisions of this chapter and information pertinent to the filing of a complaint.

(1973 Ed., ァ 6-2261; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 251, 24 DCR 6038.)

 

ァ 1-2523. Preservation of business records; contents; reports to Office.

 

(a) Every person subject to this chapter shall preserve any regularly kept business records for a period of 6 months from the date of the making of the record, or from the date of the action which is the subject of the record, whichever is longer; such records shall include, but not be limited to, application forms submitted by applicants, sales and rental records, credit and reference reports, personnel records, and any other record pertaining to the status of an individual's enjoyment of the rights and privileges protected or granted under this chapter.

(b) Where a charge of discrimination has been filed against a person under this chapter, the respondent shall preserve all records which may be relevant to the charge or action, until a final disposition of the charge in

accordance with subsection (c) of this section.

(c) All persons subject to this chapter shall furnish to the Office, at the time and in the manner prescribed by the Office, such reports relating to information under their control as the Office may require. The identities of persons and properties contained in reports submitted to the Office under the provisions of this section shall not be made public.

(1973 Ed., ァ 6-2262; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 252, 24 DCR 6038.)

 

ァ 1-2524. Affirmative action plans.

(a) It shall not be an unlawful discriminatory practice for any person to carry out an affirmative action plan that has been approved by the Office. An affirmative action plan is any plan devised to effectuate remedial or corrective action in response to past discriminatory practices prohibited under this chapter and may also include those plans devised to provide preferential treatment for a class or classes of persons, which preferential treatment by class would otherwise be prohibited by this chapter and which plan is not devised to contravene the intent of this chapter.

(b) All banks and savings and loan associations, subject to this chapter, shall submit annually to the Office an affirmative action plan which shall include goals and timetables for the remediation or correction of past or

present discriminatory practices. Such plan shall be reviewed by the Office and is subject to its approval.

(c) It shall be an unlawful discriminatory practice for any bank or savings and loan association, subject to this chapter, to fail to develop an affirmative action plan approved by the Office or fail to comply substantially with the terms of such affirmative action plan.

(d) The Office shall develop and promulgate guidelines which will set forth the affirmative action requirements of this section and shall incorporate, but not be limited to, applicable federal guidelines. Such guidelines shall be promulgated by the Office within 120 days of the enactment of this law consistent with the District of Columbia Administrative Procedure Act (D.C. Code, ァ 1-1501 et seq.) and shall not become effective until 60 calendar days following submission to the Council.

(1973 Ed., ァ 6-2263; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 253, 24 DCR 6038; Mar. 3, 1979, D.C. Law 2-140, ァ 3, 25 DCR 5473.)

 

ァ 1-2525. Coercion or retaliation.

(a) It shall be an unlawful discriminatory practice to coerce, threaten, retaliate against, or interfere with any person in the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this chapter.

(b) It shall be an unlawful discriminatory practice for any person to require, request, or suggest that a person retaliate against, interfere with, intimidate or discriminate against a person, because that person has opposed any practice made unlawful by this chapter, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing authorized under this chapter.

(c) It shall be an unlawful discriminatory practice for any person to cause or coerce, or attempt to cause or coerce, directly or indirectly, any person to prevent any person from complying with the provisions of this chapter.

(1973 Ed., ァ 6-2271; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 261, 24 DCR 6038.)

 

ァ 1-2526. Aiding or abetting.

It shall be an unlawful discriminatory practice for any person to aid, abet, invite, compel, or coerce the doing of any of the acts forbidden under the provisions of this chapter or to attempt to do so.

(1973 Ed., ァ 6-2272; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 262, 24 DCR 6038.)

 

ァ 1-2527. Conciliation agreements.

It shall be an unlawful discriminatory practice for a party to a conciliation agreement, made under the provisions of this chapter, to violate the terms of such agreement.

(1973 Ed., ァ 6-2273; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 263, 24 DCR 6038.)

 

ァ 1-2528. Resisting the Office or Commission.

(a) Any person who shall willfully resist, prevent, impede or interfere with the Office or the Commission, or any of their representatives, in the performance of any duty under the provisions of this chapter, or shall willfully violate an order of the Commission, shall upon conviction, be punished by imprisonment for not more than 10 days, or by a fine of not more than $300, or by both, except, that filing a petition for review of an order, pursuant to the provisions of this chapter, shall not be deemed to constitute such willful conduct, nor shall compliance with any procedure regarding a subpoena in accord with ァ 1-331, be deemed to constitute such willful conduct.

(b) It shall be an unlawful discriminatory practice for a person subject to this chapter, to fail to post notices, maintain records, file reports, as required by ァァ 1-2522 to 1-2524, or to supply documents and information requested by the Office in connection with a matter under investigation.

(1973 Ed., ァ 6-2274; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 264, 24 DCR 6038.)

 

ァ 1-2529. Falsifying documents and testimony.

It shall be unlawful to willfully falsify documents, records, or reports, which are required or subpoenaed pursuant to this chapter, or willfully to falsify testimony, or to intimidate any witness or complainant; such violations shall be punishable by imprisonment for not more than 10 days, or by a fine of not more than $300, or by both.

(1973 Ed., ァ 6-2275; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 265, 24 DCR 6038.)

 

ァ 1-2530. Arrest records.

It shall be an unlawful practice, punishable by a fine of not more than $300, or imprisonment for not more than 10 days, or both, for any person to require the production of any arrest record or any copy, extract, or statement thereof, at the monetary expense of any individual to whom such record may relate. Such "arrest records" shall contain only listings of convictions and forfeitures of collateral that have occurred within 10 years of the time at which such record is requested.

(1973 Ed., ァ 6-2276; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 266, 24 DCR 6038.)

 

ァ 1-2531. Compliance with chapter prerequisite for licenses.

All permits, licenses, franchises, benefits, exemptions, or advantages issued by or on behalf of the government of the District of Columbia, shall specifically require and be conditioned upon full compliance with the provisions of this chapter; and shall further specify that the failure or refusal to comply with any provision of this chapter shall be a proper basis for revocation of such permit, license, franchise, benefit, exemption, or advantage.

(1973 Ed., ァ 6-2277; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 267, 24 DCR 6038.)

 

ァ 1-2532. Discriminatory effects of practices.

Any practice which has the effect or consequence of violating any of the provisions of this chapter shall be deemed to be an unlawful discriminatory practice.

(1973 Ed., ァ 6-2278; Dec. 13, 1977, D.C. Law 2-38, title II, ァ 268, 24 DCR 6038.)

 

ァ 1-2533. Sale of motor vehicle insurance.

It is unlawful discriminatory practice for an insurer authorized to sell motor vehicle insurance in the District of Columbia to do any of the following acts, wholly or partially for a discriminatory reason based on race, color, religion, national origin, sex, marital status, personal appearance, sexual orientation, family responsibilities, disability, matriculation, political affiliation, lawful occupation, or location within the geographical area of the District of Columbia of any individual:

(1) To fail or refuse to issue a policy of motor vehicle insurance;

(2) To fail or refuse to renew a policy of motor vehicle insurance; or

(3) To cancel a policy of motor vehicle insurance.

(Dec. 13, 1977, D.C. Law 2-38, ァ 271, as added Sept. 18, 1982, D.C. Law 4-155, ァ 14(b), 29 DCR 3491; June 28, 1994, D.C. Law 10-129, ァ 2(g), 41 DCR 2583; Oct. 21, 1995, D.C. Law 11-64, ァ 2(a), 42 DCR 4322.)

 

ァ 1-2534. Motor vehicle rental companies.

Notwithstanding any other provision of this chapter, it shall not be an unlawful practice for a motor vehicle rental company to fail or refuse to rent a motor vehicle, or to impose differential terms and conditions upon the rental of a motor vehicle, based on the age of any person, where such action is reasonably related to accident risk or threat to public safety.

(Sept. 18, 1982, D.C. Law 4-155, ァ 272, as added Oct. 21, 1995, D.C. Law 11-64, ァ 2(b), 42 DCR 4322.)

 

覧覧覧覧覧

SUBCHAPTER III

PROCEDURES

ァ 1-2541. Powers of Office and Commission; annual report by Mayor.

(a) The activities of the Office and the Commission, under the provisions of this chapter, shall be considered investigations or examinations of municipal matters, within the meaning of ァ 1-331; and the Commission, the individual members thereof, and the Director, shall possess the powers vested in the Council of the District of Columbia.

(b) The Office is hereby empowered to undertake its own investigations and public hearings on any racial, religious, and ethnic group tensions, prejudice, intolerance, bigotry, and disorder; and on any form of, or reason for, discrimination, in accordance with ァァ 1-2501 and 1-2511, against any person, group of persons, organization, or corporations, whether practiced by private persons, associations, corporations, city officials, or city agencies; for the purpose of making appropriate recommendations for action, including legislation, against such discrimination.

(c) The Office and the Commission may make, issue, adopt, promulgate, amend, and rescind such rules and procedures as they deem necessary to effectuate and which are not in conflict with, the provisions of this chapter. Such rules and procedures and amendments thereto shall be adopted and promulgated in accordance with procedures promulgated pursuant to the D.C. Administrative Procedure Act (D.C. Code, ァ 1-1501 et seq.).

(d) In taking any action authorized or required by the provisions of this chapter, the Commission may act through panels or a division of not less than 3 of its members, a majority of whom shall constitute a quorum.

(e) The Mayor shall recommend to the Council any additional regulations.

(f) Investigations relating to the enforcement of provisions of this chapter shall be given priority over all other duties and activities of the Office.

(g) The Mayor shall report annually to the Council as to the progress with regard to the enforcement of this chapter, and any other activity related to the field of human rights deemed valuable to the Council in the pursuit of its responsibilities.

(h) The Office and the Commission shall enforce ァァ 43-1840, 43-1841, 43-1842, 43-1843 and any other human rights provisions of Chapter 18 of Title 43.

(1973 Ed., ァ 6-2281; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 301, 24 DCR 6038; Aug. 21, 1982, D.C. Law 4-142, ァ 42(i), 29 DCR 2872.)

 

ァ 1-2542. Complaints; independent action by other District agencies.

Nothing in the provisions of this chapter is deemed to relieve any agency or authority of the government of the District of its obligation to take immediate and independent action regarding a matter filed with it, in accord with its jurisdiction, that also may be the subject of a complaint filed with the Office.

(1973 Ed., ァ 6-2282; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 302, 24 DCR 6038.)

 

ァ 1-2543. Establishment of procedure for complaints filed against District government.

Notwithstanding any other provision of this chapter, the Mayor shall establish rules of procedure for the investigation, conciliation, and hearing of complaints filed against District government agencies, officials and employees alleging violations of this chapter. The final determination in such matters shall be made by the Mayor or his designee.

(1973 Ed., ァ 6-2283; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 303, 24 DCR 6038.)

 

ァ 1-2544. Filing of complaints and mediation.

(a) Any person or organization, whether or not an aggrieved party, may file with the Office a complaint of a violation of the provisions of this chapter, including a complaint of general discrimination, unrelated to a specific person or instance. The complaint shall state the name and address of the person alleged to have committed the violation, hereinafter called the respondent, and shall set forth the substance thereof, and such other information as may be required by the Office. The Director, sua sponte, may investigate individual instances and patterns of conduct prohibited by the provisions of this chapter and may initiate complaints in connection therewith. Any complaint under this chapter shall be filed with the Office within 1 year of the occurrence of the unlawful discriminatory practice, or the discovery thereof, except as may be modified in accordance with ァ 1-2543.

(b) Complaints filed with the Office under the provisions of this chapter may be voluntarily withdrawn at the request of the complainant at any time prior to the completion of the Office's investigation and findings as specified in ァ 1-2545, except that the circumstances accompanying said withdrawal may be fully investigated by the Office.

(c) A mediation program shall be established and all complaints shall be mediated before the Office commences a full investigation. During the mediation the parties shall discuss the issues of the complaint in an effort to reach an agreement that satisfies the interests of all concerned parties. The Office shall grant the parties up to 45 days within which to mediate a complaint. If an agreement is reached during the mediation process, the terms of the agreement shall control resolution of the complaint. If an agreement is not reached, the Office shall proceed with an investigation of the complaint.

(1973 Ed., ァ 6-2284; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 304, 24 DCR 6038; Oct. 23, 1997, D.C. Law 12-39, ァ 2(a), 44 DCR 4856.)

 

ァ 1-2545. Investigation.

(a) After the filing of any complaint, the Office shall serve, within 15 days of said filing, a copy thereof upon the respondent, and upon all persons it deems to be necessary parties; and shall make prompt investigation in connection therewith.

(b) Within 120 days, after service of the complaint upon all parties thereto, the Office shall determine whether, in accord with its own rules, it has jurisdiction; and if so, whether there is probable cause to believe that the respondent has engaged or is engaging in an unlawful discriminatory practice.

(c) If the Office finds, with respect to any respondent, that it lacks jurisdiction or that probable cause does not exist the Director forthwith shall issue and cause to be served on the appropriate parties, an order dismissing the allegations of the complaint.

(1973 Ed., ァ 6-2285; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 305, 24 DCR 6038.)

 

ァ 1-2546. Conciliation.

(a) If, in the judgment of the Office, the circumstances so warrant, it may, at any time after the filing of the complaint, endeavor to eliminate such unlawful discriminatory practice by conference, conciliation, or persuasion.

(b) If the Office determines that there exists probable cause to believe that the respondent has engaged or is engaging in an unlawful practice, the parties shall attempt to conciliate the complaint. The Office shall grant the parties up to 60 days within which to reach a conciliation agreement. If the parties fail to execute a conciliation agreement within the time allowed by the Office, the Office shall certify the case to the Commission for a public hearing. The terms of a conciliation agreement may require a respondent to refrain, in the future, from committing specified discriminatory practices, and to take such affirmative action as, in the judgment of the Office, will effectuate the purposes of this chapter; and may include consent, by the respondent, to the entry in court of a consent decree, embodying the terms of the conciliation agreement.

(c) Upon agreement of all parties to a complaint and upon notice to all parties thereto, a conciliation agreement shall be deemed an order of the Commission, and shall be enforceable as such. Except for the terms of the conciliation agreement, employees of the Office shall not make public, without the written consent of the respondent, information concerning conciliation efforts.

(d) Repealed.

(1973 Ed., ァ 6-2286; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 306, 24 DCR 6038; Apr. 9, 1997, D.C. Law 11-198, ァ 402, 43 DCR 4569; Oct. 23, 1997, D.C. Law 12-39, ァ 2(b), 44 DCR 4856.)

 

ァ 1-2547. Injunctive relief.

If, at any time after a complaint has been filed, the Office believes that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Office shall certify the matter to the Corporation Counsel, who shall bring, in the name of the District of Columbia, any action necessary to preserve such status quo or to prevent such harm, including the seeking of temporary restraining orders and preliminary injunctions. The appropriate parties shall be notified of such certification and the complainant may initiate independently, or in cooperation with the Corporation Counsel, appropriate civil action to seek a temporary restraining order or preliminary injunction.

(1973 Ed., ァ 6-2287; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 307, 24 DCR 6038.)

 

ァ 1-2548. Posting of notice of complaint in housing accommodation.

If a finding of probable cause has been made, as to a complaint of discrimination in housing, and the property owner, or his duly authorized agent, will not agree voluntarily to withhold from the market the subject housing accommodations for a period of 10 days from the date of such finding of probable cause, the Office may cause to be posted on the door of said housing accommodations for a period of 10 days from the date of said finding a notice advising that said accommodations are the subject of a complaint before the Office and that prospective transferees will take such housing accommodations at their peril. Any destruction, defacement, alteration or removal of the notice thereof, by the owner or his agents, servants and employees, shall be punishable, upon conviction, by a fine of up to $300, or by imprisonment for not more than 10 days, or both.

(1973 Ed., ァ 6-2288; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 308, 24 DCR 6038.)

 

ァ 1-2549. Service of process.

In all cases where the Office is required to effect service, it shall be accomplished by registered or certified mail, return receipt requested or by personal service and shall otherwise be in accordance with rules of the Office regarding service and notice.

(1973 Ed., ァ 6-2289; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 309, 24 DCR 6038.)

 

ァ 1-2550. Notice of hearing.

In case of failure of conciliation efforts, or in advance of conciliation efforts, as determined by the Office, and after a finding of probable cause, the Office shall cause to be issued and served in the name of the Commission, a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of such complaint at a public hearing before 1 or more members of the Commission or before a hearing examiner, such hearing to be scheduled not less than 10 days or not more than 30 days after such service and at a place to be specified in such notice. Notice shall be served by registered or certified mail, return receipt requested, or by personal service.

(1973 Ed., ァ 6-2290; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 310, 24 DCR 6038.)

 

ァ 1-2551. Hearing tribunal.

(a) After a complaint has been noticed for hearing, a hearing tribunal consisting of 3 members of the Commission, sitting as the Commission, shall be appointed to make a determination upon such complaint. At the discretion of the Commission, 1 or more hearing examiners may be delegated to hear and report back to the Commission, on any case or question before the Commission.

(b) A hearing examiner may be an employee of the District government or may be selected from a list of qualified hearing examiners prepared by the Commission. Commission members may serve as hearing examiners. Hearing examiners shall be paid on a per diem basis, while actually sitting and hearing a case: Provided, that funds are available for such purpose.

(1973 Ed., ァ 6-2291; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 311, 24 DCR 6038.)

 

ァ 1-2552. Conduct of hearing.

(a) The hearing shall be conducted in accordance with procedures promulgated pursuant to the Administrative Procedure Act (D.C. Code, ァ 1-1501 et seq.).

(b) The case in support of the complaint shall be presented by an agent or attorney of the Office.

(c) Any Commissioner or hearing examiner, who has participated in the investigation, conciliation or processing of a complaint, or has participated in any decision related to the merits of a complaint, may not sit with a hearing tribunal appointed to make a determination upon such complaint.

(d) Efforts at conciliation by the Office, or the parties, shall not be received in evidence.

(e) If the respondent fails to answer the complaint, the hearing tribunal, or the hearing examiner designated to conduct the hearing, may enter the default and the hearing shall proceed on the basis of the evidence in support of the complaint. Such default may be set aside only for good cause shown, and upon equitable terms and conditions.

(1973 Ed., ァ 6-2292; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 312, 24 DCR 6038.)

 

ァ 1-2553. Decision and order.

(a) (1) If, at the conclusion of the hearing, the Commission determines that a respondent has engaged in an unlawful discriminatory practice or has otherwise violated the provisions of this chapter, the Commission shall issue, and cause to be served upon such respondent, a decision and order, accompanied by findings of fact and conclusions of law, requiring such respondent to cease and desist from such unlawful discriminatory practice, and to take such affirmative action, including but not limited to:

(A) The hiring, reinstatement or upgrading of employees, with or without back pay;

(B) The restoration to the membership in any respondent labor organization, admission to or participation in a program, apprenticeship training program, on-the-job training program or other occupational training or retraining program;

(C) The extension of full, equal and unsegregated accommodations, advantages, facilities and privileges to all persons;

(D) The payment of compensatory damages to the person aggrieved by such practice;

(E) The payment of reasonable attorney fees;

(E-1) The payment of civil penalties, which shall be deposited in the General Fund, according to the following schedule:

(i) In an amount not to exceed $10,000 if the respondent has not been adjudged to have committed any prior unlawful discriminatory practice;

(ii) In an amount not to exceed $25,000 if the respondent has been adjudged to have committed 1 other unlawful discriminatory practice during the 5-year period ending on the date of the filing of this charge; and

(iii) In an amount not to exceed $50,000 if the respondent has been adjudged to have committed 2 or more unlawful discriminatory practices during the 7-year period ending on the date of the filing of this charge; and

(F) The payment of hearing costs, as, in the judgment of the Commission, will effectuate the purposes of this chapter, and including a requirement for a report as to the manner of compliance with such decision and order.

(2) With regard to compensatory damages, civil penalties, and attorneys fees, the Commission shall develop guidelines which shall be submitted to the Council for review prior to implementation.

(b) If, upon all the evidence, the Commission finds that a respondent has not engaged in any unlawful discriminatory practice, the Commission shall issue and cause to be served on the complainant, an order dismissing the complaint as to such respondent.

(c) Whenever a case has been heard by 1 or more hearing examiners who do not have the power to render a final order or decision, the Commissioners, assigned to decide the case, shall serve upon the parties a proposed order or decision, including findings of fact and conclusions of law, with a notice providing that each party adversely affected may file exceptions and present arguments to the Commissioners, on a date not less than 10 days from the date of service of the proposed order or decision.

(d) Findings of fact and conclusions of law shall be supported by, and in accordance with, reliable, probative, and substantial evidence.

(1973 Ed., ァ 6-2293; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 313, 24 DCR 6038; Oct. 23, 1997, D.C. Law 12-39, ァ 2(c), 44 DCR 4856.)

 

ァ 1-2554. Judicial review.

Any person suffering a legal wrong, or adversely affected or aggrieved by an order or decision of the Commission in a matter pursuant to the provisions of this chapter, is entitled to a judicial review thereof, in accordance with ァ 1-1510, upon filing, in the District of Columbia Court of Appeals, a written petition for such review.

(1973 Ed., ァ 6-2294; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 314, 24 DCR 6038.)

 

ァ 1-2555. Enforcement of order.

(a) The decision and order of the Commission shall be served on the respondent, with notice that, if the Commission determines that the respondent has not, after 30 calendar days following service of its order, corrected the unlawful discriminatory practice and complied with the order, the Commission will certify the matter to the Corporation Counsel, and to such other agencies as may be appropriate for enforcement.

(b) The Corporation Counsel shall institute, in the name of the District, civil proceedings including the seeking of such restraining orders and temporary or permanent injunctions, as are necessary to obtain complete compliance with the Commission's orders. In the event that successful civil proceedings do not result in securing such compliance, the Corporation Counsel shall institute criminal action.

(c) No enforcement action shall be instituted pending review as provided in ァ 1-2554.

(d) Nothing in this section shall be construed to deprive any person of rights in the criminal justice process.

(1973 Ed., ァ 6-2295; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 315, 24 DCR 6038.)

 

ァ 1-2556. Private cause of action.

(a) Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate, unless such person has filed a complaint hereunder; provided, that where the Office has dismissed such complaint on the grounds of administrative convenience, or where the complainant has withdrawn a complaint, such person shall maintain all rights to bring suit as if no complaint had been filed. No person who maintains, in a court of competent jurisdiction, any action based upon an act which would be an unlawful discriminatory practice under this chapter may file the same complaint with the Office. A private cause of action pursuant to this act shall be filed in a court of competent jurisdiction within one year of the unlawful discriminatory practice, or the discovery thereof. The timely filing of a complaint with the Office shall toll the running of the one year statute of limitations while the complaint is pending before the Office.

(b) The court may grant such relief as it deems appropriate, including but not limited to, such relief as is provided in ァ 1-2553(a).

(1973 Ed., ァ 6-2296; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 316, 24 DCR 6038; Oct. 23, 1997, D.C. Law 12-39, ァ 2(d), 44 DCR 4856.)

 

ァ 1-2557. Referral to licensing agencies.

(a) Whenever it appears that the holder of a permit, license, franchise, benefit, or advantage issued by any agency or authority of the government of the District is a person against whom the Office has made a finding of probable cause pursuant to ァ 1-2545, the Office, notwithstanding any other action it may take or may have taken under the authority of the provisions of this chapter, may refer to the proper agency or authority the facts and identities of all persons involved in the complaint for such action as such agency or authority, in its judgment, considers appropriate, based upon the facts thus disclosed to it.

(b) The Commission, upon a determination of a violation of any of the provisions of this chapter by a holder of, or applicant for any permit, license, franchise, benefit, exemption, or advantage issued by or on behalf of the government of the District of Columbia, and upon failure of the respondent to correct the unlawful discriminatory practice and comply with its order, in accordance with ァ 1-2555(a), shall refer this determination to the appropriate agency or authority. Such determination shall constitute prima facie evidence that the respondent, with respect to the particular business in which the violation was found, is not operating in the public interest. Such agency or authority shall, upon notification, issue to said holder or applicant an order to show cause why such privileges related to that business should not be revoked, suspended, denied or otherwise restricted.

(1973 Ed., ァ 6-2297; Dec. 13, 1977, D.C. Law 2-38, title III, ァ 317, 24 DCR 6038.)


Copyright 1996-2014 Gay and Lesbian Activists Alliance of Washington, D.C.
All rights reserved. GLAA, P.O. Box 75265, Washington, DC 20013