• Administrative Law Judges
• What Happens to Public Sector Discrimination Cases Certified to an ALJ for an Evidentiary Hearing?
• What Happens to Private Sector Discrimination Cases Certified to an ALJ for an Evidentiary Hearing?
• Commissioners and Commission Meetings
• The Adjudication Process
• What Happens When There is a Finding of Discrimination?
• Additional Case Resources and Litigation Forms
• The COHR Annual Human Rights Award Ceremony
• Open Government and FOIA

Administrative Law Judges (“ALJs”)

ALJs preside over evidentiary hearings (“Hearings”) and the adjudication process for both public and private sector discrimination cases filed at the District’s Office of Human Rights (“OHR” or “Office of Human Rights”).  Although the Hearing process is the same, the two types of cases are resolved differently.

Amongst other duties, the Chief Judge oversees staff and is responsible for the administration of the Hearing Unit. 

The Chief Judge and Associate Judges manage a docket of cases, and preside over the Hearing process, including without limitation, formal proceedings such as Status Conferences, Pre-Hearing Conferences, and Evidentiary Hearings.

At any time, ALJs’ staff may consist of recent law school graduates, including Law Clerks, Legal Assistants, and/ or Fellows hired through the D.C. Commission on Human Rights/Georgetown Law Justice Fellowship program.  COHR may also offer part-time or full-time, paid internship or externship opportunities. 

Meet the ALJs & Staff

What Happens to Public Sector Discrimination Cases Certified to an ALJ for a Hearing?

A “public sector” case involves allegations of discrimination against District of Columbia Government.

After a complaint is filed with the Office of Human Rights and, ultimately, there is an investigation, OHR may find “probable cause” to believe that discrimination occurred, including possibly certifying the case to an ALJ to conduct a public, evidentiary hearing.

Public sector cases are adjudicated in OHR’s Hearing Unit.

The Hearing process for public sector cases is guided by the District of Columbia Administrative Procedure Act and District of Columbia Municipal Regulations (i.e., D.C. Mun. Regs. Title 4, Chapter 1 § 100 et seq).

The adjudication process for public sector / OHR Hearing Unit cases is described in greater detail below.

What Happens to Private Sector Discrimination Cases Certified to an ALJ for a Hearing?

When discrimination complaints are filed against non-District Government parties (“private sector cases”), they are adjudicated at the Commission on Human Rights (“COHR” or “Commission”).

COHR is an agency within the Office of Human Rights that is intended to serve as an impartial forum for the hearing of cases involving allegations 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”).  Additionally, COHR provides an appeals process to applicants deemed ineligible for employment under the Criminal Background Checks for the Protection of Children Act.  Importantly, despite its connection, COHR acts independent of OHR, for purposes of fairly and objectively adjudicating private sector cases.

The Hearing process for private sector cases is guided by the District of Columbia Administrative Procedure Act and District of Columbia Municipal Regulations (i.e., D.C. Mun. Regs. Title 4, Chapter 4 § 400 et seq , or as otherwise referred to as the Commission’s Rules).

The adjudication process for private sector / COHR cases is described in greater detail below.

Commissioners and Commission Meetings

The Commission is comprised of up to fifteen (15) Commissioners, all of whom are nominated by the Mayor and confirmed by City Council.  Each Commissioner is appointed to a three-year term without compensation.

The Commission holds meetings, from 6:30 to 8:00 PM, on the second Wednesdays of January, March, May, July, September and November of a given calendar year. Information about the meetings are located on OHR’s website (see bi-monthly meeting information provided immediately below), via the D.C. Register, and Open DC’s list of online public meetings.

Amongst other responsibilities, the Commission may carry out public investigations concerning various patterns of discrimination and make recommendations to the Mayor and/or City Council. The Commission is also authorized to promulgate rules and regulations to help interpret and implement the District of Columbia Human Rights Act.

• Meet the Commissioners
• COHR’s Bi-Monthly Meeting Notices, Schedules, Agendas and Minutes

The Adjudication Process

At the conclusion of a Hearing, the Administrative Law Judge (“ALJ”) issues a Proposed Decision and Order (“Proposed Order”)—including Findings of Fact and Conclusions of Law—to the parties and the Director of OHR. Thereafter, any party who is aggrieved by the Proposed Order has twenty (20) calendar days to submit to the Director a proposed substitute order.  Among other things, the Director will, ultimately, affirm or modify the Proposed Order, and a Final Decision and Order (“Final Order”) will be issued.

Within fifteen (15) days from the date that a Final Order is issued, parties may seek reconsideration by filing a request with the Director.  

The Final Order is appealable to the Superior Court of the District of Columbia.

For additional information on public sector cases:

Government of the District of Columbia

Marion S. Barry, Jr. Building

441 4th Street, NW Suite 290N

Washington, DC 20001

Phone: (202) 727-0656

Email: [email protected]

Private Sector / Commission Cases

Hearings in private sector cases are also de novo, held open to the public and recorded.

At the conclusion of a Hearing, the ALJ will issue a Proposed Order (including Findings of Fact and Conclusions of Law) to the parties.  Thereafter, any aggrieved party has fifteen (15) days to submit to the Chair of the Commission written exceptions to the order.  After responding to the exceptions, the ALJ will provide a tribunal of three (3) assigned Commissioners with the case record, including any final draft Proposed Order.  Among other things, the tribunal may affirm the Proposed Order, after which a Final Order will be issued.

Within fifteen (15) days from the date that a Final Order is issued, parties may seek reconsideration by filing a request with the Chief Administrative Law Judge. 

The Final Order is appealable to the District of Columbia Court of Appeals.

For additional information on private sector cases:

Government of the District of Columbia

Marion S. Barry, Jr. Building

441 4th Street, NW Suite 290N

Washington, DC 20001

Phone: (202) 727-0656

Email: [email protected]

What Happens When There is a Finding of Discrimination?

With a finding of discrimination in a public sector case, there are various remedial awards for successful complainants, including retroactive promotion, backpay, cancellation of any unwarranted personnel actions, and the expungement of unwarranted disciplinary records. Importantly, neither compensatory damages, punitive damages nor attorney’s fees are available remedies in public sector cases.

If there is a finding of discrimination in a private sector case, successful complainants may be awarded injunctive relief, compensatory damages, and/or attorney’s fees.  Furthermore, the Commission is authorized to impose civil penalties upon discriminating respondents, all of which is payable to District government.