Current through codified legislation effective September 18, 2024
Section 32-951.07 - Enforcement by the Attorney General(a)(1) The Attorney General may receive complaints and conduct investigations for the purposes of enforcing this title; provided, that any complaints and investigations shall be limited to non-governmental employers.(2) In the course of conducting an investigation, the Attorney General shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, compel the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any investigation or proceeding conducted to enforce this title.(3) The Attorney General's investigation pursuant to paragraph (1) of this subsection shall not constitute the filing of a legal claim nor toll the time for complainants to file a complaint with the Office of Human Rights or a private cause of action in a court of competent jurisdiction, as applicable.(4) A person to whom a subpoena or notice of deposition has been issued pursuant to paragraph (2) of this subsection shall have the opportunity to move to quash or modify the subpoena or object to the notice of deposition in the Superior Court of the District of Columbia. In case of failure of a person to comply with any subpoena lawfully issued under this section, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of the Superior Court of the District of Columbia, or any judge thereof, upon application by the Attorney General, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the Court or a refusal to testify therein.(b) The Attorney General, acting in the public interest, including the need to deter future violations, may enforce this title by commencing a civil action in the name of the District of Columbia in a court of competent jurisdiction on behalf of the District.(c) Upon prevailing in an action initiated pursuant to this section, the Attorney General shall be entitled to any combination of 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 any aggrieved employee and half shall be deposited into the General Fund of the District of Columbia;(2) The payment of restitution for lost wages, for the benefit of aggrieved employees;(3) Equitable relief as may be appropriate; and(4) Reasonable attorneys' fees and costs, including fees and costs for any action brought by the Attorney General under subsection (b) of this section;(d)(1) The Office of Human Rights ("OHR") may refer matters to the Office of the Attorney General, which may investigate and bring a civil suit in pursuit of the public interest, and such referral shall not be construed to violate any confidentiality provisions of OHR's investigation.(2)(A) No later than 180 days after the effective date of this act, OHR and the Attorney General shall enter into, and may update as considered necessary, a memorandum of agreement ("MOA") that addresses subjects such as referrals, information sharing, confidentiality, and other complaint-handling processes.(B) No provision of this title shall be construed to limit the information sharing between OHR and the Attorney General that the MOA may authorize, but such information sharing shall conform to any confidentiality requirements in other federal or District law.Added by D.C. Law 24-190,§ I-107, 69 DCR 008849, eff. 10/22/2022.