Section 4-1610. COMPLAINT PROCEDURE

 

1610.1 Any person or organization, whether or not an aggrieved party, may file with OHR a complaint of a violation of the provisions of the DCFMLA. 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 OHR.

 

1610.2The Director on his or her own initiative may investigate individual instances and patterns of conduct prohibited by the provisions of this chapter and may initiate complaints in connection with such individual instances or patterns of conduct.

 

1610.3A complaint under this chapter shall be filed with OHR within one (1) year after the occurrence of the unlawful practice, or the discovery of the unlawful practice.  The filing of a timely complaint with OHR shall toll the deadline by which an employee may file a civil action as specified in section 11(b) of the DCFMLA (D.C. Official Code § 32-510(b)) during all times that the employee has a complaint pending with OHR.

 

1610.4 Complaints filed with OHR under the provisions of this chapter may be voluntarily withdrawn at the request of the complainant at any time prior to the completion of OHR’s investigation and findings as specified in D.C. Official Code § 2-1403.05. The circumstances accompanying a withdrawal may be investigated by OHR. 

 

1610.5 All complaints shall be mediated before OHR 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. OHR shall grant the parties up to forty-five (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, OHR shall proceed with an investigation of the complaint.

 

1610.6 With the exception of a private cause of action in a competent court of jurisdiction, the enforcement procedure contained in this chapter is the only administrative procedure that may be utilized to resolve an alleged violation of the DCFMLA.

 

authority

The Director of the Office of Human Rights, pursuant to section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c)), and Mayor’s Order 2009-45, dated March 31, 2009.

source

Notice of Final Rulemaking published at 57 DCR 10788, 10801 (November 19, 2010).