§ 2–1403.13. Decision and order.

(a)(1) Except as provided in paragraph (3) of this subsection, if, at the conclusion of the hearing, the Commission determines that a respondent has engaged in an unlawful discriminatory practice or has otherwise violated the provisions of this chapter, the Commission shall issue, and cause to be served upon such respondent, a decision and order, accompanied by findings of fact and conclusions of law, requiring such respondent to cease and desist from such unlawful discriminatory practice, and to take such affirmative action, including but not limited to:

(A) The hiring, reinstatement or upgrading of employees, with or without back pay;

(B) The restoration to the membership in any respondent labor organization, admission to or participation in a program, apprenticeship training program, on-the-job training program or other occupational training or retraining program;

(D) The payment of compensatory damages to the person aggrieved by such practice;

(E) The payment of reasonable attorney fees;

(E-i) The payment of civil penalties, which shall be deposited in the General Fund, according to the following schedule:

(i) In an amount not to exceed $10,000 if the respondent has not been adjudged to have committed any prior unlawful discriminatory practice;

(ii) In an amount not to exceed $25,000 if the respondent has been adjudged to have committed 1 other unlawful discriminatory practice during the 5-year period ending on the date of the filing of this charge; and

(iii) In an amount not to exceed $50,000 if the respondent has been adjudged to have committed 2 or more unlawful discriminatory practices during the 7-year period ending on the date of the filing of this charge; and

(F) The payment of hearing costs, as, in the judgment of the Commission, will effectuate the purposes of this chapter, and including a requirement for a report as to the manner of compliance with such decision and order.

(2) With regard to compensatory damages, civil penalties, and attorneys fees, the Commission shall develop guidelines which shall be submitted to the Council for review prior to implementation.

(3) If, at the conclusion of the hearing, the Commission determines that a respondent has engaged in an unlawful discriminatory practice based on the credit information of an individual in violation of § 2-1402.11(a) or (b), the Commission shall issue, and cause to be served upon the respondent, a decision and order, accompanied by findings of fact and conclusions of law, requiring the respondent to cease and desist from the unlawful discriminatory practice, and providing for the payment to the complainant of a fine of $1,000 for the first violation, $2,500 for the 2nd violation, and $5,000 for each subsequent violation.

(b) If, upon all the evidence, the Commission finds that a respondent has not engaged in any unlawful discriminatory practice, the Commission shall issue and cause to be served on the complainant, an order dismissing the complaint as to such respondent.

(c) Whenever a case has been heard by 1 or more hearing examiners who do not have the power to render a final order or decision, the Commissioners, assigned to decide the case, shall serve upon the parties a proposed order or decision, including findings of fact and conclusions of law, with a notice providing that each party adversely affected may file exceptions and present arguments to the Commissioners, on a date not less than 10 days from the date of service of the proposed order or decision.

(d) Findings of fact and conclusions of law shall be supported by, and in accordance with, reliable, probative, and substantial evidence.

(Dec. 13, 1977, D.C. Law 2-38, title III, § 313, 24 DCR 6038; Oct. 23, 1997, D.C. Law 12-39, § 2(c), 44 DCR 4856; Apr. 7, 2017, D.C. Law 21-256, § 2(b), 64 DCR 2045.)

Prior Codifications

1981 Ed., § 1-2553.

1973 Ed., § 6-2293.

Section References

This section is referenced in § 2-1403.16.

Applicability

Section 7030 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-256. Therefore the changes made to this section by D.C. Law 21-256 have been implemented.

Applicability of D.C. Law 21-256: § 4 of D.C. Law 21-256 provided that the change made to this section by § 2(b) of D.C. Law 21-256 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 4 of D.C. Law 21-256, see § 7030 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 4 of D.C. Law 21-256, see § 7030 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

Editor's Notes

Compensatory damages and attorneys’ fees guidelines approved: Pursuant to Resolution 4-637, the “Commission on Human Rights Compensatory Damages and Attorneys’ Fees Approved Resolution of 1982”, effective October 19, 1982, the Council approved the proposed guidelines concerning compensatory damages and attorneys’ fees which were transmitted from the Commission to the Council on May 10, 1982.

Compensatory damages, civil penalties, and attorney’s fees approved: Proposed Resolution 12-1237 (R12-838), the “District of Columbia Commission on Human Rights Compensatory Damages, Civil Penalties, and Attorneys’ Fees Approval Resolution of 1998”, was deemed approved, effective December 15, 1998.