Section 32-951.05 - Filing a complaint with the Office of Human Rights(a) An employee claiming employer noncompliance with section 102 may file an administrative complaint with the Office of Human Rights ("OHR") within one year after the alleged act of noncompliance.(b) The administrative complaint adjudication procedure shall include: (1) Intake - Upon receipt of a complaint, OHR shall review the complaint for jurisdiction and whether it states a claim under section 102. If OHR determines that it has jurisdiction and the complaint states a claim, OHR shall docket the complaint for mediation.(2) Mediation - All complaints over which OHR determines it has jurisdiction and that state a claim under section 102 shall be scheduled for mediation within 45 days after the docketing of the complaint. All parties shall participate in mediation in good faith.(3) Request for Information - Once a case is docketed, OHR may request information from both parties, including a response to the complaint from the respondent and a rebuttal statement from the complainant.(4)(A) Fact-Finding Hearing - If the complaint is not resolved through mediation or settlement conference, within 20 days after the most recent unsuccessful resolution attempt, OHR shall serve a notice on the parties scheduling a public fact-finding hearing before a hearing examiner.(B) The fact-finding hearing shall be conducted in accordance with procedures promulgated under Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501et seq.).(C) Following the fact-finding hearing, the hearing examiner shall submit a proposed decision and order accompanied by findings of fact and conclusions of law to the Director.(5) Final determination and order - The Director of OHR, or the Director's designee, shall issue a final determination and order based on the recommendations or proposed decision or order of the hearing examiner, which shall advise the parties of their rights under paragraph (6) of this subsection. The Director's final determination and order may modify or reject the proposed decision of the hearing examiner or remand for more information.(6) Appeals and judicial review - The non-prevailing party on a particular issue may: (A) Within 15 days after issuance of the final determination and order, request that the Director of OHR reconsider or reopen the case; or(B) Seek judicial review of the final determination and order by a court of competent jurisdiction pursuant to section 110 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-510) .(c) At any time before the final determination, the Director of OHR may hold a settlement conference to attempt to resolve the complaint, and the parties shall participate in good faith.(d) If the Director of OHR finds that an employer violated section 102, the Director may order the employer to do any of the following: (1) Pay civil penalties as follows, of which half shall be awarded to the complainant, and half shall be deposited into the General Fund of the District of Columbia: (A) For employers that employ 1 to 30 employees, a fine of up to $1,000 per violation;(B) For employers that employ 31 to 99 employees, a fine of up to $2,500 per violation; and(C) For employers that employ 100 or more employees, a fine of up to $5,000 per violation.(2) Pay double the civil penalty described in paragraph (1) of this subsection if the Director finds that the employer violated section 102 more than once in the previous year.(3) Pay the complainant lost wages.(4) Undergo training and provide other equitable relief necessary to: (A) Undo any adverse employment action taken against the complainant in violation of section 102; and(B) Place the complainant in the posture or position the complainant would have enjoyed had the employer not violated section 102.(5) Pay reasonable attorney's fees.(e) If the Director of OHR has not issued a final determination and order after 365 days after the employee filed a complaint with OHR, and the employee withdraws the complaint from OHR before the Director issues a final determination and order, the employee shall be deemed to have exhausted administrative remedies and may pursue a private cause of action consistent with section 106.Added by D.C. Law 24-190,§ I-105, 69 DCR 008849, eff. 10/22/2022.