DC Civil Rights Complaint (DCHRA + Optional Federal Employment Counts) - District of Columbia

COMPLAINT FOR EMPLOYMENT DISCRIMINATION AND RETALIATION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Civil Action No.: [________________________________]

COMPLAINT FOR EMPLOYMENT DISCRIMINATION, HARASSMENT, AND/OR RETALIATION

JURY TRIAL DEMANDED ON ISSUES TRIABLE OF RIGHT BY A JURY

1. NATURE OF THE ACTION

1. Plaintiff brings this employment action under the District of Columbia Human Rights Act ("DCHRA"), including D.C. Code §§ 2-1402.11 and 2-1402.61, based on [actual or perceived protected characteristic(s)] and [if applicable] retaliation for protected activity.

2. Plaintiff asserts only the following independently supported optional federal counts: [Title VII discrimination / Title VII retaliation / 42 U.S.C. § 1981 race-contract discrimination or retaliation / 42 U.S.C. § 1983 public-defendant constitutional deprivation].

3. Plaintiff seeks only the relief legally available under each retained count and against each defendant. A request for punitive damages must be separately supported by the governing claim, the pleaded state of mind, and the defendant type.

2. PARTIES

4. Plaintiff [NAME] resides at [CITY, STATE] and was [employed by (including in domestic work) / an applicant for employment with / an unpaid intern of / working or seeking work as an independent contractor for] Defendant from [DATE] through [DATE OR PRESENT].

5. Defendant [ENTITY NAME] is a [corporation / limited liability company / partnership / professional association / D.C. agency / other] with an address at [ADDRESS].

6. For the DCHRA counts, Defendant Entity was an employer within D.C. Code § 2-1401.02(10) because [plead facts showing the compensated work relationship and Defendant Entity's role; if relevant, address the parent, spouse, or child household-work exception and the discrete-service-vendor exclusion for independent contractors].

7. [TITLE VII — RETAIN ONLY IF COVERAGE IS ESTABLISHED] Defendant Entity employed [NUMBER] employees during [NUMBER] calendar weeks in [CURRENT OR PRECEDING YEAR] and otherwise satisfied 42 U.S.C. § 2000e(b). [If Defendant is a D.C. government unit with competitive-service positions, analyze and plead the separate § 2000e-16 route instead of assuming ordinary § 2000e(b) coverage.]

8. [OPTIONAL INDIVIDUAL DEFENDANT] Defendant [NAME] was [TITLE / ROLE] and personally [describe specific conduct]. The individual is named under [D.C. Code § 2-1402.62 / 42 U.S.C. § 1981 / 42 U.S.C. § 1983] only if the facts and governing law support liability under that particular count.

3. JURISDICTION AND FORUM FACTS

9. This Court has civil jurisdiction under D.C. Code § 11-921(a) and D.C. Code § 2-1403.16.

10. Title VII does not divest a competent state court of concurrent jurisdiction. Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990). [Before retaining another federal count, confirm concurrent jurisdiction and any forum consequence for the completed pleading.]

11. The conduct giving rise to this action occurred in the District of Columbia because [identify workplace, decision, communication, injury, and other D.C. connections].

12. Defendant's relevant D.C. contacts and the location of the events are: [FACTS]. [Do not cite D.C. Code § 13-422 as a venue statute; it addresses personal jurisdiction based on enduring relationships.]

4. TIMELINESS AND ADMINISTRATIVE ROUTE

13. The alleged DCHRA violation occurred, or was discovered, on [DATE]. This action was filed within the applicable period under D.C. Code § 2-1403.16 and D.C. Laws 25-300 and 26-55.

14. [DCHRA OPTION A — DIRECT COURT ACTION; NO OHR COMPLAINT] Plaintiff did not file the DCHRA claim with OHR and brings this private action within 2 years after the unlawful act or its discovery.

15. [DCHRA OPTION B — OHR WITHDRAWAL OR DISMISSAL] Plaintiff timely filed an OHR complaint on [DATE], OHR No. [NUMBER]. OHR [received a written withdrawal before completion of the investigation / dismissed for lack of jurisdiction, no probable cause, or administrative convenience / received a qualifying post-probable-cause withdrawal on or before the 30th day after the close of discovery] and served a notice of right to file a civil action on [DATE]. This action was filed within 90 days after service of that notice or within the remaining general period, whichever is longer.

16. [TITLE VII PRIVATE/NONEXCLUDED ROUTE — DELETE UNLESS RETAINED] Plaintiff filed EEOC Charge No. [NUMBER] on [DATE], within [180 days / 300 days because Plaintiff initially instituted qualifying state or local proceedings] after [identify each challenged practice]. [EEOC / the Attorney General, as applicable] gave the statutory notice on [DATE], Plaintiff received it on [DATE], and this action was filed within the statutory 90-day period.

17. [TITLE VII § 2000e-16 ROUTE — SPECIFIED D.C. COMPETITIVE-SERVICE UNIT ONLY] Plaintiff followed the process applicable to [UNIT], received notice of final action on [DATE] [or filed the initial charge on [DATE] and no final action occurred for at least 180 days], and names [HEAD OF DEPARTMENT, AGENCY, OR UNIT] as the defendant required by § 2000e-16(c).

18. Section 1981 does not use Title VII's charge-and-notice text. [Plead the independently applicable accrual and limitations facts after claim-specific research; do not insert a categorical four-year statement.]

19. [SECTION 1983 — DELETE UNLESS RETAINED] Plaintiff's constitutional claim accrued on [DATE] and is timely under the limitations rule independently established for the completed claim.

5. FACTUAL ALLEGATIONS

20. Plaintiff began work as [POSITION] on [DATE]. Plaintiff's duties included [DUTIES].

21. Plaintiff's relevant actual or perceived DCHRA protected characteristic(s) are [race / color / religion / national origin / sex / age 18 or older / marital status / personal appearance / sexual orientation / gender identity or expression / family responsibilities / genetic information / disability / matriculation / political affiliation / victim or family-member-of-victim status involving domestic violence, a sexual offense, or stalking / credit information / homeless status].

22. [If a federal count is retained] The federally protected basis for that count is [Title VII: race, color, religion, sex, or national origin / § 1981: race and a contractual relationship / § 1983: the specifically identified constitutional right]. A D.C.-only protected trait does not by itself establish a federal count.

23. On [DATE], [DECISIONMAKER] took the following action: [failure to hire / discharge / demotion / denial of promotion / compensation decision / assignment / discipline / other term, condition, or privilege].

24. The facts supporting a discriminatory reason, wholly or partially, include:

• [specific statement or communication, speaker, date, and recipient];
• [comparator and materially relevant circumstances];
• [sequence, departure from policy, inconsistent explanation, or other evidence]; and
• [who made, approved, or implemented the challenged decision].

25. [HARASSMENT — DELETE IF NOT ASSERTED] Beginning on [DATE], Plaintiff experienced [direct/indirect, verbal/nonverbal conduct] based on [protected characteristic], including [incident-by-incident facts, dates, locations, participants, witnesses, frequency, duration, authority relationship, and effect on employment].

26. The alleged harassment unreasonably altered Plaintiff's employment terms, conditions, or privileges or had the purpose or effect of creating an intimidating, hostile, or offensive work environment. The circumstances supporting that conclusion are [FACTS].

27. [RETALIATION — DELETE IF NOT ASSERTED] On [DATE], Plaintiff [opposed a practice made unlawful by the DCHRA / made a charge or complaint / testified, assisted, or participated in an investigation, proceeding, or hearing] by [specific conduct and recipient].

28. Defendant learned of that activity on [DATE] through [PERSON / COMMUNICATION / EVENT].

29. After that activity, Defendant [specific action] on [DATE]. The facts supporting causation include [timing, statements, inconsistent treatment, decisionmaker knowledge, or other evidence].

30. As a result of the conduct, Plaintiff suffered [lost wages / lost benefits / out-of-pocket loss / emotional or other compensatory harm], described and calculated as follows: [FACTS AND AMOUNTS].

6. COUNT I — DCHRA EMPLOYMENT DISCRIMINATION AND/OR HARASSMENT

31. Plaintiff incorporates Paragraphs 1 through 30.

32. Defendant Entity was an employer and Plaintiff was an employee or applicant within D.C. Code § 2-1401.02.

33. Defendant took the employment action described above wholly or partially for a discriminatory reason based on Plaintiff's actual or perceived [DCHRA CHARACTERISTIC], in violation of D.C. Code § 2-1402.11(a).

34. [HARASSMENT — DELETE IF NOT ASSERTED] Defendant engaged in harassment based on [CHARACTERISTIC] that satisfies D.C. Code § 2-1402.11(c-2) under the totality of the circumstances alleged above.

35. Plaintiff was harmed by the violation and seeks damages and appropriate relief under D.C. Code § 2-1403.16(f), incorporating the legally applicable relief in § 2-1403.13(a).

7. COUNT II — DCHRA RETALIATION

36. Plaintiff incorporates Paragraphs 1 through 35.

37. Plaintiff engaged in the protected activity identified in Paragraph 27.

38. Defendant knew of that activity and thereafter coerced, threatened, retaliated against, or interfered with Plaintiff because of the protected activity, in violation of D.C. Code § 2-1402.61.

39. Plaintiff was harmed by the violation.

8. COUNT III — DCHRA AIDING OR ABETTING

40. Plaintiff incorporates Paragraphs 1 through 39.

41. Defendant [INDIVIDUAL / OTHER PERSON] personally [aided / abetted / invited / compelled / coerced / attempted to cause] the DCHRA violation by [specific acts, dates, communications, and role].

42. That conduct violates D.C. Code § 2-1402.62 and caused Plaintiff harm.

9. COUNT IV — TITLE VII DISCRIMINATION AND/OR HARASSMENT

43. Plaintiff incorporates Paragraphs 1 through 42.

44. Defendant was covered under [42 U.S.C. § 2000e(b) / 42 U.S.C. § 2000e-16], as pleaded above.

45. Defendant discriminated against Plaintiff with respect to compensation, terms, conditions, or privileges of employment because of Plaintiff's [race / color / religion / sex / national origin], in violation of [§ 2000e-2(a) / § 2000e-16(a)].

46. [HARASSMENT — IF ASSERTED] The federal harassment theory is supported by [facts satisfying the current controlling federal standard; do not substitute the different DCHRA § 2-1402.11(c-2) standard].

47. Plaintiff satisfied the applicable administrative route and was harmed by the violation.

10. COUNT V — TITLE VII RETALIATION

48. Plaintiff incorporates Paragraphs 1 through 47.

49. Plaintiff opposed a practice made unlawful by Title VII or made a charge, testified, assisted, or participated in a Title VII investigation, proceeding, or hearing by [FACTS].

50. Defendant knew of that activity and discriminated against Plaintiff because of it, in violation of 42 U.S.C. § 2000e-3(a).

51. Plaintiff satisfied the applicable administrative route and was harmed by the violation.

11. COUNT VI — 42 U.S.C. § 1981 RACE-CONTRACT DISCRIMINATION OR RETALIATION

52. Plaintiff incorporates Paragraphs 1 through 51.

53. Plaintiff had or sought the contractual relationship [identify contract or employment relationship].

54. Defendant intentionally impaired Plaintiff's right to make or enforce that contract on the basis of race by [FACTS], in violation of 42 U.S.C. § 1981(a)-(b).

55. [RETALIATION — IF ASSERTED] Defendant retaliated against Plaintiff for [protected race-contract activity], within CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008).

56. The violation caused Plaintiff harm.

12. COUNT VII — 42 U.S.C. § 1983 FIFTH AMENDMENT EQUAL-PROTECTION COMPONENT

57. Plaintiff incorporates Paragraphs 1 through 56.

58. Defendant [D.C. OFFICIAL / ENTITY] acted under color of D.C. law by [FACTS].

59. Defendant intentionally discriminated on the basis of [CLASSIFICATION] through [SPECIFIC ACTS], depriving Plaintiff of the Fifth Amendment equal-protection component recognized in Bolling v. Sharpe, 347 U.S. 497 (1954).

60. [D.C. ENTITY ONLY] The deprivation was caused by [identify official policy, custom, or decision attributable to a final policymaker], not merely by the employment relationship, as required by Monell v. Department of Social Services, 436 U.S. 658 (1978).

61. The violation caused Plaintiff harm.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests judgment against each Defendant only under the count or counts legally applicable to that Defendant, and requests:

• A. A declaration of the rights and violations established at trial;
• B. Appropriate injunctive or equitable relief supported by the retained claim and current circumstances;
• C. Reinstatement [if legally available and factually appropriate];
• D. Back pay, lost benefits, and other proven economic loss legally recoverable under the retained claim;
• E. Proven compensatory damages legally recoverable under the retained claim;
• F. [Punitive damages under a DCHRA private count only if the evidence supports the governing malice or equivalent standard and the defendant may lawfully be subjected to them; see D.C. Code § 2-1403.16(f) and United Mine Workers of America v. Moore, D.C. Ct. App. No. 96-CV-1373 (1998). For a separate Title VII count, 42 U.S.C. § 1981a excludes government defendants and imposes claim- and employer-size gates.];
• G. Reasonable attorneys' fees and costs under D.C. Code § 2-1403.16(f), [42 U.S.C. § 2000e-5(k) if a Title VII count is retained], and [42 U.S.C. § 1988(b) if a qualifying § 1981 or § 1983 count is retained];
• H. Prejudgment and post-judgment interest as permitted by the law governing the particular award; and
• I. Other relief the Court may lawfully grant.

14. JURY DEMAND

Plaintiff demands a jury trial on each issue triable of right by a jury under Super. Ct. Civ. R. 38 and [42 U.S.C. § 1981a(c), if applicable].

15. SIGNATURE

Respectfully submitted,

[________________________________]

[ATTORNEY NAME OR UNREPRESENTED PLAINTIFF]

[D.C. BAR NUMBER, IF APPLICABLE]

[FIRM, IF APPLICABLE]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

Date: [__/__/____]

16. FILING AND INITIAL-SERVICE CHECKLIST

• ☐ Confirm that every retained count has an independently supported protected basis, defendant, timeliness rule, exhaustion route, and remedy.
• ☐ Confirm that the caption names every party and that numbered allegations and separate counts comply with Super. Ct. Civ. R. 8 and 10.
• ☐ Sign the complaint and include the contact information required by Super. Ct. Civ. R. 11. A general verification or notarization is not required unless another rule or statute specifically requires it.

• ☐ File the Civil Actions Branch information sheet with the Complaint.

• ☐ Prepare a summons for each defendant and obtain the filing-time Initial Order, any addendum, and any other order directed to the parties.

• ☐ Serve the Rule 4 package by a method authorized for the particular defendant. For the District, a D.C. agency, or a D.C. officer or employee, apply Rule 4(j)(3)'s defendant-specific requirements.
• ☐ File the acknowledgment or proof of service within Rule 4(m)'s applicable period. Do not use a complaint-stage certificate claiming service occurred before the clerk issued the summons and filing-time orders.
• ☐ If punitive damages are requested, preserve the research identifying the cause-specific authority, state of mind, defendant eligibility, and any cap.

17. PRACTICE NOTES

• Employment-only scope. DCHRA employment, housing, public-accommodation, and education provisions have different protected-class lists and procedures. This form uses § 2-1402.11 and must not import housing or other sphere-specific theories.
• DCHRA coverage. Section 2-1401.02(10) contains no general 15-employee threshold. Title VII's separate definition ordinarily requires 15 employees and excludes specified D.C. competitive-service agencies, which are addressed separately by § 2000e-16.
• DCHRA timing. The ordinary direct private-action period is 2 years after the act or discovery. OHR filing remains subject to a 1-year period. A timely OHR complaint tolls the court period until OHR serves its notice, and qualifying withdrawals or dismissals trigger the 90-day-or-remaining-period rule. Analyze the October 1, 2025 Fairness Act applicability overlay for older facts.
• Federal timing. Title VII's 300-day charge period is conditional, not automatic; § 2000e-5(e)(1) retains a 180-day baseline and extends it when qualifying state or local proceedings were initially instituted. The civil action follows the statutory notice and 90-day rule. Section 2000e-16 uses a separate route for covered D.C. competitive-service units.
• Different harassment standards. D.C. Code § 2-1402.11(c-2) states that DCHRA harassment need not be severe or pervasive. Do not use that local standard as the federal Title VII standard.
• Individual defendants. Section 2-1402.62 requires conduct that aids, abets, invites, compels, coerces, or attempts a violation. Title, supervision, agency, or ordinary employment alone does not plead that optional count.
• Section 1981 gate. Identify the race-based contractual right and the conduct affecting the making or enforcement of that contract. Do not state a categorical four-year limitations period without determining whether the completed theory arises under a post-1990 enactment and researching the applicable accrual rule.
• Section 1983 gate. Identify the constitutional right and each actor's conduct under color of D.C. law. For a D.C. entity, plead a policy or custom that caused the deprivation; Monell rejects respondeat-superior liability.
• Remedies. Section 2-1403.13 states no numeric cap on compensatory damages and does not itself list punitive damages, but § 2-1403.16(f) permits appropriate relief in DCHRA private actions. The D.C. Court of Appeals recognizes punitive damages in such cases when the governing standard is met; defendant eligibility must also be checked. Section 2-1403.13's civil-penalty tiers are Commission remedies payable to the General Fund. Title VII compensatory and punitive damages require the § 1981a claim, defendant, state-of-mind, and employer-size analysis; punitive damages are unavailable there against government defendants.
• Initial service. Rule 4, not Rule 5 or an ordinary later-paper certificate, governs service of the summons, complaint, Initial Order, addendum, and other filing-time orders.

18. SOURCES AND REFERENCES

• D.C. Human Rights Act definitions and employment provisions — https://code.dccouncil.gov/us/dc/council/code/sections/2-1401.02 and https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.11
• DCHRA retaliation and aiding provisions — https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.61 and https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.62
• DCHRA administrative filing and notice provisions — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.04 and https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.06a
• DCHRA remedies and private action — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.13 and https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.16
• Fairness Act implementation — https://code.dccouncil.gov/us/dc/council/laws/25-300 and https://code.dccouncil.gov/us/dc/council/laws/26-55
• Current D.C. Superior Court Civil Rules — https://www.dccourts.gov/superior-court/superior-court-resources/rules-of-the-superior-court
• Current federal statutory text — https://www.govinfo.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in the District of Columbia must review and customize it before filing. Verify current statutes, rules, administrative records, limitations periods, defendant coverage, and remedies for the completed facts.