District of Columbia Code Division V. Local Business Affairs § 32-1122. Action against District government.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The provisions of §§ 32-1120 and 32-1121 shall not apply to a District government or quasi-government agency or an entity established pursuant to interstate compact, except as provided in subsection (b) of this section.

(b) An affected employee of a District government or quasi-governmental agency or entity established pursuant to interstate compact may bring suit in the Superior Court of the District of Columbia against a District government or quasi-governmental agency or an entity established pursuant to interstate compact for a violation of this chapter. The court shall assess monetary penalties as provided in §§ 32-1120 and 32-1121, except that the penalties shall be awarded to the affected employee against the District government or quasi-governmental agency or entity established pursuant to interstate compact, should the affected employee prevail in the suit. Reasonable attorneys fees shall be awarded to the affected employee against the District government or quasi-governmental agency or entity established pursuant to interstate compact should the affected employee prevail in the suit, or if, prior to order by the court, the suit is settled in substantial conformity with the relief sought in the petition.

(c) An affected employee of the District government or quasi-governmental agency or an entity established pursuant to interstate compact may bring suit in the nature of mandamus in the Superior Court of the District of Columbia directing the Mayor, the head of the quasi-governmental agency, or the head of the entity established pursuant to interstate compact to comply with the provisions of this chapter. Reasonable attorneys fees shall be awarded to the affected employee against the District government or quasi-governmental agency or entity established pursuant to interstate compact should the affected employee prevail in the suit, or if, prior to order by the court, the suit is settled in substantial conformity with the relief sought in the petition.

(d)(1) When any citation or order finding the District government in violation of this chapter becomes final pursuant to § 32-1115 or § 32-1116, the Mayor shall post in various conspicuous sites around the relevant worksite, notices to read as follows:

WARNING

HAZARDOUS WORKSITE

Pursuant to the District of Columbia Occupational Safety and Health Act of 1988, this worksite, located at (address), has been determined to be hazardous to the health of the employees required to work here. Accordingly, pursuant to Section 18(e) of that act, employees may not be discharged or otherwise disciplined for refusal to perform work under conditions which are in violation of the health and safety rules of the District or federal health and safety or environmental laws. For further information, contact your union representative or the D.C. Office of Occupational Safety and Health (Phone: 576-6339/Address: 950 Upshur St., N.W.)

(2) The notices shall remain in place until the hazardous conditions are abated. The notices shall also be published daily in at least 2 newspapers of general circulation in the District, and the publication shall continue until the hazardous conditions are abated or the employees are moved to a worksite that complies with the District or federal health and safety or environmental laws.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - District of Columbia Code Division V. Local Business Affairs § 32-1122. Action against District government. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-v-local-business-affairs/dc-code-sect-32-1122/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)