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The Hearing Unit and the DC Commission on Human Rights

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What Is the Hearing Unit?

OHR’s Hearing Unit adjudicates private sector and public sector discrimination cases.  Although the hearing process is the same, the two types of cases are resolved differently. Please note that Administrative Law Judges hear both public and private sector cases.

Moreover, parties shall take note of the different litigation forms provided here for Hearing Unit matters, and be sure to access the appropriate “Public Sector” or “Private Sector” document.  If there is no such designation, the form can be used for both private and public sector cases

Meet the Administrative Law Judges and Staff

The DC Commission on Human Rights

The DC Commission on Human Rights (“Commission”) is an agency within the Office of Human Rights (“OHR”) that serves as an impartial forum for the hearing and deciding of cases of unlawful discrimination in employment, real estate transactions, public accommodations, or educational institutions under the D.C. Human Rights Act and the Fair Criminal Records Screening Act (“FCRSA”). The Commission also provides an appeals process to applicants who were found ineligible for employment under the Criminal Background Checks for the Protection of Children Act. Although the Commission is within OHR, the Commission acts independent of OHR  to adjudicate cases in an impartial manner.  The rules for private sector hearings can be found at 4 DCMR § 400 and § 200.
 
The Commission is comprised of up to 15 Commissioners, who are nominated by the Mayor and confirmed by the City Council. Each Commissioner is appointed to a three-year term without compensation. The Commission holds Bi-Monthly meetings on second Wednesdays of January, March, May, July, September and November, from 6:30 to 8:00 PM. Information about the meetings are posted and located on the OHR website, in the DC Register, and in the Open Meetings website’s calendar.
 
Meet the Commissioners
The Commission's Bi-Monthly Meeting Notices, Schedules, Agendas and Minutes

The Adjudication Process

If OHR finds “probable cause” to believe a Complainant was subjected to discriminatory conduct, the Complainant’s case is certified to Administrative Law Judges (“ALJs”) for an evidentiary hearing (“Hearing”).  (After the Hearing—and as referenced below—depending on the type of case (public or private sector), a matter is presented to a panel of three Commissioners (a “Tribunal”) or referred back to the Director of OHR.)

The Hearing process is guided by the District of Columbia Administrative Procedure Act and the District of Columbia Municipal Regulations (i.e., D.C. Mun. Regs. Title 4, Chapter 4 § 400 et seq. for private sector cases, and Title 4, Chapter 1 § 100 et seq. for public sector cases).  Importantly, ALJs hear cases de novo, or “from the beginning”, and distinctive from any investigative process that was previously implemented by OHR.  Parties engage in full discovery and motion practice and have the opportunity to submit evidence and present testimony at a Hearing.  All Hearings are public and transcribed by a court reporter.

Once a Hearing concludes, the presiding ALJ will review and rule on the record and, ultimately, issue a Proposed Decision and Order (“Proposed Order”) that includes Findings of Fact and Conclusions of Law.  Thereafter, the parties in a case—including parties who believe they are adversely affected by the Proposed Order—have the opportunity to file written exceptions, requesting, for example, that the “Proposed Order be modified or even reversed.  After considering the parties’ exceptions, the ALJ will issue a Final Proposed Order and submit the entire record to a Tribunal.  (Or, in public sector cases, the same is submitted to the Director of OHR.)  The Tribunal or Director of OHR will either affirm, modify or reject the ALJs Final Proposed Order, at which point a Final Decision and Order (“Final Order”) will be issued.)

Final Orders in private sector cases may be appealed to the District of Columbia Court of Appeals.  Conversely, Final Orders in public sector cases may be appealed to the Superior Court of the District of Columbia.

The Adjudication Process What Happens if in a Final Order it is Determined that Discrimination Occurred?

When there is a ruling that discrimination occurred, depending on the type of case (public or private), a successful Complainant may be granted an award, including injunctive relief, back and front pay, compensatory damages, and/or attorney’s fees.  In private sector cases, a civil (monetary) penalty may be imposed upon a discriminating Respondent and, ultimately, paid to District government.

Also in private sector cases, in addition to its adjudicative responsibilities, the Commission may undertake public investigations or hearings concerning various patterns of discrimination and make recommendations to the Mayor or D.C. Council.  The Commission may also promulgate rules and regulations to help interpret and/or implement the District of Columbia Human Rights Act.

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