D.C. Mun. Regs. tit. 4, r. 4-705

Current through Register Vol. 71, No. 38, September 20, 2024

Rule 4-705 - FILING OF COMPLAINTS

705.1

Any person or organization may file with the Office a complaint of a violation of the provisions of the Act, including a complaint of general discrimination, unrelated to a specific person or instance. If a complainant lacks capacity, the complaint may be filed on their behalf by a person with an interest in the welfare of the complainant.

705.2

The initial complaint shall be in writing on a form obtained from the Office, and can be filed online through the Office's website (http://www.ohr.dc.gov), via email to ohr.intake@dc.gov, mail or fax. The date of the online, email or fax filing will constitute the filing date for the complaint. The date of OHR's receipt of mailed complaints will constitute the filing date. If during a declared emergency, the Office is closed, the date of mail filings will be calculated as follows: the date of the postal stamp, or the date complainant signed the complaint plus five (5) business days. The Director may extend this deadline for good cause during a declared emergency. The finalized complaint, known as the Charge of Discrimination, shall be signed and verified by the complainant under penalty of perjury.

705.3

The Director may initiate a complaint whenever the Director has reason to believe that any person has committed an unlawful discriminatory practice. A complaint initiate d by the Director shall be signed by the Director.

705.4

A complaint alleging a discriminatory practice shall contain the following information:

(a) The full name and address of the complainant(s);

(b) The full name and address of the respondent(s);

(c) A statement of the alleged unlawful discriminatory practice(s) and a statement of the particulars;

(d) The date(s) of the alleged unlawful discriminatory practice, and if the alleged unlawful discriminatory practice is of a continuing nature, the dates between which the continuing acts of discrimination are alleged to have occurred; and

(e) A statement describing any other action, civil, criminal, or administrative in nature, instituted in any other forum or agency based on the same unlawful discriminatory practice as is alleged in the complaint.

705.5

Notwithstanding the provisions of § 705.4, a complaint shall be deemed sufficient when the Office receives from the person making the charge a written statement sufficiently precise to identify the parties, and to describe generally the action or practice complained of.

705.6

The Office shall reasonably accommodate a disabled person who wishes to file a complaint or who wishes to make a personal appearance at the Office when filing a complaint. Accommodations may include, but shall not be limited to, a personal representative making an appearance on behalf of a disabled complainant, or an Office representative delivering a complaint to a complainant for signature. During a declared emergency, or when in-person service is not available, the Office shall find alternative ways to assist the person requiring reasonable accommodation.

705.7

The Director shall establish and maintain a complaint file containing all documents pertinent to each case. The complaint file shall contain, at a minimum, the following documents as appropriate to the individual case:

(a) The complaint;

(b) The reply to data request;

(c) Amendment(s) to the complaint;

(d) The respondent's reply to the complaint and any amendments;

(e) The complainant's statement of withdrawal;

(f) The investigator's summary or findings of fact and recommendations;

(g) The extended processing summary and recommendations;

(h) The Director's Letter of Determination (LOD);

(i) The conciliation agreement;

(j) Letter of certification to the Commission; and

(k) Letter of dismissal.

705.8

If the Office determines that a complainant is filing what are determined to be frivolous complaints, which may include filing an unreasonable number of complaints during a given time, it may resolve the complaint in accordance with OHR Intake Guidelines.

D.C. Mun. Regs. tit. 4, r. 4-705

Final Rulemaking published at 56 DCR 007324 (September 4, 2009); amended by Final Rulemaking published at 67 DCR 10399 (8/28/2020)