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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 4-125. REMEDIAL ACTION: APPLICANTS FOR EMPLOYMENT
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125.1When the Director finds that an applicant for employment has been discriminated against and, except for that discrimination, would have been hired, the agency involved shall offer the applicant employment of the type and grade denied at the first opportunity that the employment becomes available.
125.2The agency’s offer of employment shall be made in writing.
125.3The individual shall have fifteen (15) days from receipt of the offer within which to accept or decline the offer.
125.4Failure to notify the agency of a decision to accept employment within the fifteen (15) day period shall be considered a refusal of the offer, unless the individual can show that circumstances beyond his or her control prevented a timely response.
125.5If the offer is accepted, the appointment shall be retroactive to the date the applicant would have been hired, and backpay may be awarded for the retroactive period, but not to exceed two (2) years prior to the date the complaint was filed, and subject to any appropriate deductions required by law or regulation. During the period of retroactivity, the complainant shall be deemed to have performed services for all purposes, except for meeting service requirements for completion of a probationary or trial period.
125.6If the offer is declined, the respondent agency shall award the complainant backpay subject to the limitations of § 119.5 and shall notify the complainant in its offer, of his or her right to this award in the event the offer is declined.
125.7When the Director finds that discrimination existed at the time the applicant was considered for employment, but does not find that the individual is the one who would have been hired except for discrimination, the agency shall consider the individual for any existing vacancy of the type and grade for which he or she had been considered initially and for which he or she is qualified before consideration is given to other candidates.
125.8If the individual is not selected, the agency shall record the reasons for non-selection.
125.9If no vacancy exists, the agency shall give the applicant priority consideration for the next vacancy for which he or she is qualified.