Skip to main content
Find a Lawyer

District of Columbia Code Division V. Local Business Affairs § 32-1231.07. Administrative enforcement by OHR.

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

(a) An employee who claims that an employer has violated the employee's rights under this chapter and seeks redress may file a complaint with OHR.

(b) OHR, which shall administer this chapter, shall establish administrative procedures for an aggrieved person to file a complaint against the employer alleged to have violated this chapter, which shall include:

(1) An investigation of the complaint and an attempt to resolve the complaint by conference or mediation;

(2) If the complaint is not resolved, a determination on the existence of probable cause to believe a violation of this chapter has occurred;

(3) If it is determined probable cause exists:

(A) An attempt to resolve the complaint by conciliation as set forth under § 2-1403.06;

(B) If conciliation fails, certifying the case for a hearing before the Commission on Human Rights as set forth under § 2-1403.10, or for matters involving the District government, forwarding the case to an independent hearing examiner as set forth under 4 DCMR § 116; and

(C) A requirement that the hearing under this paragraph be conducted in accordance with subchapter I of Chapter 5 of Title 2; and

(4) The right of the employee to have an attorney authorized to practice law in the District of Columbia and retained by the employee present at the hearing.

(c) If the Commission on Human Rights or an independent hearing examiner determines, after the hearing, that the employer has violated any provision of this chapter, the Commission shall order or the independent hearing examiner shall recommend the employer to provide affirmative remedies, including:

(1) Back pay for lost wages resulting from the employer's violation of this chapter;

(2) Reinstatement or other injunctive relief; and

(3) Reasonable attorney's fees and costs of enforcement.

(d)(1) To compensate the District for the costs of investigating and remedying a violation, OHR may also order the employer to pay to the District a penalty of not more than $500 for each day or portion thereof that the violation continues for each employee against whom the violation occurred or continues.

(2) The funds recovered by the District under this subsection shall be deposited in the Pregnant Workers Protection Fund established by § 32-1231.12.

(e) If an employer is determined to not be in compliance with this chapter, OHR may make a referral to licensing agencies as provided under § 2-1403.17.

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 § 32-1231.07. Administrative enforcement by OHR. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-v-local-business-affairs/dc-code-sect-32-1231-07/

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

For Legal Professionals

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)

Copied to clipboard