D.C. Mun. Regs. tit. 4, r. 4-105

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 4-105 - PRE-COMPLAINT PROCESSING

105.1

An employee or applicant who believes that he or she has been discriminated against because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, matriculation, political affiliation, genetic information, and disability in connection with any aspect of District government employment shall consult an EEO counselor within one hundred-eighty (180) days of the occurrence of the alleged unlawful discriminatory practice, except that a complaint of sexual harassment may be filed directly with OHR.

105.2

After being consulted by a complainant, the EEO Counselor shall do and document the following:

(a) Make a thorough review of the circumstances underlying the complaint, including the treatment of members of the complainant's group, if any, identified by the complaint, as compared with the treatment of other employees in, or applicants to, the organizational unit in which the alleged discrimination occurred;

(b) Examine all pertinent records;

(c) Review any policies and practices related to the work situation or application process which may constitute, or appear to constitute, discrimination, even though they have not been expressly cited by the complainant; and

(d) Discuss with the complainant all the pertinent employees who need to be interviewed, including supervisors.

105.3

The EEO Counselor shall also do the following:

(a) Advise the applicant or employee of the right to representation of his or her own choosing or through a Collective Bargaining Agreement;

(b) Counsel the complainant or his or her representative concerning the issues of the matter;

(c) Seek a solution of the matter on an informal basis; and

(d) Keep a record of counseling activities so as to brief the agency or EEO Officer at least once a month of those activities.

105.4

The EEO Counselor shall, insofar as is practicable, conduct the final interview with the complainant and/or his or her representative not later than thirty (30) days after first being consulted by the complainant.

105.5

During the final interview, the EEO Counselor shall provide to the complainant and/or his or her representative written notice, the Exit Letter, of the complainant's right to file a formal complaint with the Director within fifteen (15) days of the final interview, if the matter has not been resolved to complainant's satisfaction.

105.6

A formal complaint to the Director shall be filed by the complainant within fifteen (15) days after the final interview has been conducted by the EEO Counselor.

105.7

Formal complaints filed after the fifteen (15) day period specified in § 105.6 shall be deemed untimely and dismissed as such by the Director.

105.8

If additional time is need to conduct the final interview under § 105.4, the EEO Counselor may extend the thirty (30) day time period established by § 105.4 for an additional thirty (30) days (the "extension period"). During the extension period, the complainant may demand an Exit Letter at any time, and the EEO Counselor shall provide an Exit Letter upon such a demand. In addition, during the extension period, the complainant may file a formal complaint with the Director , notwithstanding whether the Exit Letter has been demanded or issued.

105.9

If there is an extension period, a formal complaint to the Director shall be filed by the complainant during the extension period or within fifteen (15) days after a final interview is conducted, whichever is earlier. Formal complaints filed beyond this time period shall be deemed untimely and dismissed as such by the Director.

105.10

Although the EEO Counselor should attempt to offer consultation on a confidential basis, he or she may disclose to the OHR Director and to the head of the cited agency circumstances surrounding the complaint which include, but are not limited to, safety, criminal actions, or patterns or practices of discriminatory or harassing conduct by the agency or any of its cited employees or managers.

105.11

The EEO Counselor shall be free from restraint, interference, coercion, discrimination, or reprisal and shall be given the assistance and cooperation of the agency in connection with the performance of his or her duties under this chapter.

105.12 The EEO Officer shall have the following responsibilities:

(a) Serve as the chief EEO coordinator within the agency;

(b) Manages the EEO program within the agency;

(c) Develop, implement, monitor, and evaluate the agency's affirmative action plan;

(d) Advise the agency head and supervisors on EEO matters;

(e) Prepare the quarterly reports, agency EEO-4 reports, and other reports required by OHR;

(f) Assist in the development and coordination of career development and upward mobility programs;

(g) Assist the EEO Counselors in training employees about their rights and ensuring compliance with EEO policies and procedures;

(h) Act as agency liaison with the community and advocacy organizations in matters relating to recruitment, employment, affirmative action, and equal employment;

(i) Ensure that agency announcements, EEO policies and procedures, and the names of agency EEO Counselors are distributed and posted;

(j) Serve as chairperson of an agency EEO Committee, if any;

(k) Provide technical assistance to, and coordinate with, EEO Counselors;

(l) Notify OHR of any and all changes in agency EEO personnel within ten (10) business days after the change; and

(m) Conduct a formal investigation related to an EEO complaint, if appointed to do so, and provide the Position Statement or other records, if the agency so designates.

105.13

At any stage in the proceeding under this chapter, the complainant shall be free from restraint, interference, coercion, discrimination, or reprisal, and shall have the right to be accompanied, represented, and advised by a representative of his or her own choosing or through a Collective Bargaining Agreement.

105.14

If the complainant is an employee of the District government, he or she shall have a reasonable amount of official time for preparation and presentation of his or her complaint.

105.15

If the complainant designates an employee of the District government as his or her representative, the representative shall be free from restraint, interference, coercion, discrimination, or reprisal, and shall have a reasonable amount of official time to prepare and present the matter.

105.16

The Director may request that an adverse action be held in abeyance, unless he or she determines that it is shown that immediate and irrevocable harm to the agency will result or there will be a substantial interference with the efficient operation of the agency.

D.C. Mun. Regs. tit. 4, r. 4-105

Final Rulemaking published at 31 DCR 56, 62-64 (January 6, 1984); as amended by Final Rulemaking published at 43 DCR 6569, 6569-72 (December 13, 1996); as amended by Final Rulemaking published at 57 DCR 9162, 9167-9170 (October 1, 2010)

Authority: Set forth in 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) ).