D.C. Code § 32-951.06

Current through codified emergency legislation effective July 18, 2024
Section 32-951.06 - Private cause of action
(a) An employee claiming employer noncompliance with section 102 may bring a private cause of action in a court of competent jurisdiction against an employer within one year after the unlawful act; provided that:
(1) If the employee is not a medical cannabis program patient, the employee must first be deemed to have exhausted administrative remedies as provided in section 105(b); and
(2) If the employee is a medical cannabis program patient, the employee:
(A) Does not have an administrative complaint alleging the same unlawful acts pending before the Office of Human Rights; or
(B) Has not received a final determination from the Office of Human Rights on an administrative complaint alleging the same unlawful acts.
(b) The statute of limitations for an employee's private cause of action arising under section 102 shall be tolled during the time that an employee's complaint is pending before the Office of Human Rights.
(c) Upon a finding that an employer violated section 102, a court may order any relief it deems appropriate, including the following:
(1) Civil penalties in amounts not greater than the penalties provided under section 105(d)(1) and (2), of which half shall be awarded to the complainant, and half shall be deposited into the General Fund of the District of Columbia;
(2) Payment of lost wages;
(3) Payment of compensatory damages;
(4) Equitable relief as may be appropriate; and
(5) Payment of reasonable attorneys' fees and costs.

D.C. Code § 32-951.06

Added by D.C. Law 24-190,§ I-106, 69 DCR 008849, eff. 10/22/2022.