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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 4-2. GUIDELINES FOR PAYMENT OF COMPENSATORY DAMAGES, CIVIL PENALTIES, AND ATTORNEY'S FEES UNDER THE HUMAN RIGHTS ACT OF 1977 |
Section 4-213. ATTORNEY’S FEES
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213.1If the prevailing complainant was represented by a privately retained attorney in any case in which the Commission has found that the respondent engaged in discriminatory acts or practices in violation of the Human Rights Act of 1977, the complainant shall be entitled to a reasonable attorney’s fee for the number of hours reasonably expended by the complainant’s attorney on claims upon which the complainant prevailed.
213.2The reasonable hourly rate multiplied by the reasonable number of hours expended upon successful claims is presumed to be the reasonable attorney’s fee.
213.3In determining a reasonable hourly rate, the Commission shall consider the hourly rate charged by the prevailing complainant’s attorney for similar legal work in private representations. Where no hourly rate exists, or where otherwise necessary to arrive at a reasonable hourly-rate, the Commission may also consider rates charged in the community for similar legal work by attorneys of comparable skill, experience, and reputation.
213.4The prevailing complainant shall bear the burden of demonstrating that an upward adjustment of the presumed reasonable attorney’s fee is necessary to provide fair compensation to the prevailing attorney.
213.5The unsuccessful respondent shall bear the burden of demonstrating that a downward adjustment of the presumed reasonable attorney’s fee is necessary to avoid a windfall to the prevailing attorney.
213.6In determining whether an adjustment of the presumed reasonable attorney’s fee is warranted, the Commission shall be guided by Supreme Court decisions interpreting the attorney’s fee provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 e-5(k) (1982); the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. §1988 (1982); and other similar federal fee-shifting laws.
213.7The complainant’s attorney’s fee petition shall be filed with the Commission no earlier than twenty (20) days after the issuance of the Commission’s Final Decision and Order and no later than thirty (30) days after the issuance of the Commission’s Final Decision and Order. Supplemental petitions may be filed if the Commission’s Final Decision and Order is appealed to the District of Columbia Court of Appeals.
213.8If a motion for reconsideration is filed, then the complainant shall file his or her attorney’s fee petition no earlier than twenty (20) days after the issuance of the Commission’s Final Decision and Order on Motion for Reconsideration and no later than thirty (30) days after the issuance of the Commission’s Final Decision and Order for Reconsideration. Supplemental petitions may be filed as in accordance with § 213.7.