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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 4. HUMAN RIGHTS AND RELATIONS |
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Chapter 4-1. COMPLAINTS OF DISCRIMINATION IN THE DISTRICT OF COLUMBIA GOVERNMENT |
Section 4-106. FILING AND PRESENTATION OF COMPLAINTS
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106.1A verified and written complaint of discrimination shall be submitted by the complainant to the Director within fifteen (15) days of the date of the complainant’s final interview with the EEO Counselor.
106.2The time limit for filing may be extended by the Director for good cause shown.
106.3Upon filing of a complaint, the Director shall provide a copy to the agency representative of the agency in which the complainant is employed or, in the case of an applicant, to which the complainant applied.
106.4The Director may dismiss or reject a complaint of discrimination for the following reasons:
(a) The complaint is not timely filed;
(b) The complainant does not state a claim for which relief can be granted under the Act;
(c)The allegations of the complaint fall outside the scope of this chapter;
(d)OHR does not have jurisdiction over the complainant or the respondent;
(e)The complainant fails to prosecute or respond to inquiries from the investigator or mediator regarding the complaint within a prescribed time limit;
(e) The complaint is subject to dismissal pursuant to § 107 of this chapter.
106.5In the event of a rejection or dismissal of a complaint, the Director shall transmit the decision by letter to the complainant or his or her representative. The letter shall contain notice of the complainant’s right to request reconsideration or the reopening of the case by the Director pursuant to § 114.4.
106.6 In order to resolve each complaint expeditiously, the complainant and the District government shall proceed with the complaint without undue delay so that the complaint is resolved, insofar as practicable, within two hundred ten (210) days after its receipt by the Director.
106.7The complainant shall be responsible for prosecuting the complaint without undue delay so as to permit resolution of the complaint within the prescribed time limits.
106.8The complainant shall provide reasonable assistance and all pertinent information to OHR staff in processing the complaint.
106.9 The Director may dismiss a complaint pursuant to § 106.4(d) or, in his or her discretion, adjudicate the complaint on the basis of the existing record, if sufficient information for that purpose is available.
106.10 If OHR determines that a complainant is filing what are determined to be frivolous complaints, which may include filing an unreasonable number of complaints during a given time period, it may resolve the complaint in accordance with OHR Intake Guidelines which may include an expedited review of the allegations, review of the previous complaints against the respondent by this complainant, and other investigative techniques to determine the legitimacy of the complaint.
106.11Officers and employees of District government agencies in which a complaint arises under this chapter shall not cause hardship, delay, or interference with the efforts of the EEO Counselor, the complainant or the complainant’s representative, OHR staff members, or the Hearing Examiner, in their efforts and activities to process the complaint to a resolution.
106.12All District agencies shall make every effort to make available as witnesses those employees whose testimony is determined to be necessary by the investigator or Hearing Examiner.
106.13A complaint may be amended by the complainant at any time prior to the issuance of a Letter of Determination (LOD); provided, that if the investigation is completed and it is being reviewed for legal sufficiency, OHR may direct that the Complainant file a new Charge of Discrimination.
106.14An amendment shall be in writing and verified, and shall be submitted by the complainant or the complainant’s representative to the Director.
106.15 When an amendment is filed, the Director shall serve a copy of the amendment upon the respondent within five (5) work days of the amendment.
106.16 The respondent shall, within five (5) work days after service of the amendment, file an answer to the amendment.