Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 4 - HUMAN RIGHTS AND RELATIONS
Chapter 4-2 - GUIDELINES FOR PAYMENT OF COMPENSATORY DAMAGES, CIVIL PENALTIES, AND ATTORNEY'S FEES UNDER THE HUMAN RIGHTS ACT OF 1977
Rule 4-212 - CIVIL PENALTIES

D.C. Mun. Regs. tit. 4, r. 4-212

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Current through Register Vol. 71, No. 49, December 6, 2024
Rule 4-212 - CIVIL PENALTIES
212.1

If, as a result of an unlawful discriminatory act or practice of the respondent, the Commission finds that the respondent engaged in outrageous conduct, the respondent shall be assessed with civil penalties.

212.2

In determining whether the respondent engaged in outrageous conduct, the Commission shall consider whether the conduct was the result of:

(a) an evil or intentional act or practice, or
(b) reckless or callous indifference to the rights of the complainant.
212.3

An evil or intentional act or practice is conduct reflecting a malicious, wanton, fraudulent, or willful intent, violence or oppression.

212.4

Reckless or callous indifference is conduct reflecting a conscious indifference to the rights of complainant for which the respondent is or should be aware.

212.5

Absent direct proof, the requisite intent may be inferred from all of the surrounding facts and circumstances.

212.6

Civil penalties shall be assessed in accordance with the following schedule:

(a) An amount not to exceed $10,000 if the respondent has not been adjudged by the Commission to have committed any prior violation of the District of Columbia Human Rights Act of 1977.
(b) An amount not to exceed $25,000 if the respondent has been adjudged by the Commission to have committed during the five (5) year period ending on the date of the filing of the current complaint one (1) other violation of the District of Columbia Human Rights Act of 1977.
(c) An amount not to exceed $50,000 if the respondent has been adjudged to have committed during the seven (7) year period ending on the date of the filing of the current complaint two (2) or more violations of the District of Columbia Human Rights Act of 1977.
212.7

The payment of civil penalties shall be deposited into the District of Columbia General Fund and not be paid to the individual complainant.

D.C. Mun. Regs. tit. 4, r. 4-212

Final Rulemaking published at 46 DCR 2804, 2809-10 (March 19, 1999)