DC Office of Human Rights (OHR) Administrative Charge of Discrimination

CHARGE OF DISCRIMINATION — DISTRICT OF COLUMBIA OFFICE OF HUMAN RIGHTS

TABLE OF CONTENTS

1. Filing Information
2. Complainant Information
3. Respondent Information
4. Type of Discrimination Claim
5. Protected Class(es)
6. Date(s) of Discrimination
7. Statement of Particulars
8. Witnesses and Comparators
9. Documentary Evidence
10. Damages and Relief Requested
11. Election of Remedies / Dual Filing Acknowledgment
12. Verification and Signature
13. Practice Notes — DC Office of Human Rights
14. Sources and References

1. FILING INFORMATION

TO: District of Columbia Office of Human Rights
441 4th Street NW, Suite 570N
Washington, DC 20001
Phone: (202) 727-4559 | Fax: (202) 727-9589 | Email: [email protected] | Web: ohr.dc.gov

OHR Docket No.: [________________________________] (assigned by OHR upon docketing)

EEOC Charge No. (if dual-filed): [________________________________]

Filing Date: [__/__/____]

Statute(s) Invoked:

• ☐ District of Columbia Human Rights Act, D.C. Code § 2-1401.01 et seq.
• ☐ Title VII of the Civil Rights Act of 1964 (employment — race/color/religion/sex/national origin)
• ☐ Americans with Disabilities Act (employment / public accommodations)
• ☐ Age Discrimination in Employment Act (40+)
• ☐ Fair Housing Act (housing)
• ☐ Equal Pay Act
• ☐ Genetic Information Nondiscrimination Act (GINA)
• ☐ Other: [________________________________]

2. COMPLAINANT INFORMATION

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date of Birth (only if age claim asserted): [__/__/____]

Counsel for Complainant (if represented):

• Name: [________________________________]
• Firm: [________________________________]
• DC Bar No.: [________________________________]
• Address: [________________________________]
• Phone / Email: [________________________________]

3. RESPONDENT INFORMATION

Primary Respondent (Employer / Housing Provider / Place of Public Accommodation / Educational Institution):

• Name: [________________________________]
• Type: ☐ Private employer ☐ DC government agency ☐ Federal agency ☐ Housing provider ☐ Public accommodation ☐ Educational institution ☐ Labor organization ☐ Employment agency ☐ Other: [____________]
• Address: [________________________________]
• Phone: [________________________________]
• Approximate number of employees (if employer): [________________________________]

Individual Respondent(s) (may be named for personal liability under D.C. Code § 2-1402.62):

• Name: [________________________________] | Title / Role: [____________]
• Name: [________________________________] | Title / Role: [____________]

Complainant's Position / Relationship to Respondent: [________________________________]

Dates of Employment / Tenancy / Patronage / Enrollment: From [__/__/____] to [__/__/____]

4. TYPE OF DISCRIMINATION CLAIM

Check all that apply:

• ☐ Failure to hire
• ☐ Discharge / termination
• ☐ Constructive discharge
• ☐ Demotion
• ☐ Failure to promote
• ☐ Disparate pay / compensation
• ☐ Disparate discipline
• ☐ Denial of training / opportunity
• ☐ Hostile work environment / harassment
• ☐ Sexual harassment (quid pro quo)
• ☐ Failure to accommodate disability
• ☐ Failure to accommodate religion
• ☐ Failure to accommodate pregnancy or family responsibility
• ☐ Retaliation (D.C. Code § 2-1402.61)
• ☐ Refusal to rent / sell housing
• ☐ Discriminatory housing terms / conditions
• ☐ Steering / blockbusting
• ☐ Denial of public accommodation / service
• ☐ Discriminatory educational practice
• ☐ Aiding and abetting (D.C. Code § 2-1402.62)
• ☐ Other: [________________________________]

5. PROTECTED CLASS(ES)

The DCHRA protects nineteen-plus characteristics — among the broadest in the United States. Check all that apply:

• ☐ Race: [________________________________]
• ☐ Color
• ☐ Religion / Creed: [________________________________]
• ☐ National Origin: [________________________________]
• ☐ Sex (including pregnancy, childbirth, related conditions)
• ☐ Age (specify date of birth above)
• ☐ Marital Status
• ☐ Personal Appearance
• ☐ Sexual Orientation
• ☐ Gender Identity or Expression
• ☐ Family Responsibilities
• ☐ Genetic Information
• ☐ Disability (specify): [________________________________]
• ☐ Matriculation (status as student)
• ☐ Political Affiliation
• ☐ Source of Income (housing/credit)
• ☐ Status as Victim of Domestic Violence, Sexual Offense, or Stalking
• ☐ Credit Information
• ☐ Homeless Status (added 2022)
• ☐ Place of Residence or Business (housing)
• ☐ Other DCHRA-protected characteristic: [________________________________]

6. DATE(S) OF DISCRIMINATION

Date of earliest alleged discriminatory act: [__/__/____]

Date of latest / most recent alleged discriminatory act: [__/__/____]

Is the discrimination ongoing or continuing? ☐ Yes ☐ No

Date Complainant first became aware of the discriminatory act ("discovery"): [__/__/____]

Was the charge filed within ONE (1) YEAR of the discriminatory act or its discovery, as required by D.C. Code § 2-1403.04(a)? ☐ Yes ☐ No (explain): [________________________________]

7. STATEMENT OF PARTICULARS

Provide a clear, chronological, factual narrative of the alleged discriminatory conduct. Use first person. Identify decisionmakers, dates, witnesses, comparators, and direct or circumstantial evidence of discriminatory animus.

A. Background.

I, [COMPLAINANT NAME], was [employed by / a tenant of / a customer of / a student at] Respondent [NAME] from [__/__/____] to [__/__/____] as a [POSITION / ROLE]. At all relevant times, I performed my duties competently and met or exceeded Respondent's legitimate expectations.

B. Membership in Protected Class.

I am a member of the following DCHRA-protected class(es): [LIST PROTECTED CLASSES]. [Briefly explain — e.g., "I am a Black woman of Haitian national origin, and I was visibly pregnant beginning in [MONTH/YEAR]."]

C. Adverse Action(s).

On or about [DATE], Respondent [describe specific adverse action — e.g., terminated my employment / refused to rent the apartment at [ADDRESS] / refused to serve me / denied me admission]. The adverse action was taken by [NAME OF DECISIONMAKER], who [describe communication — e.g., stated in writing / told me in a meeting / left a voicemail] that [stated reason or absence of reason].

D. Evidence of Discriminatory Animus.

The following facts demonstrate that the adverse action was motivated, at least in part, by my protected class:

1. Direct evidence (statements, slurs, written communications): [________________________________]
2. Comparator evidence (similarly situated persons outside my protected class who received more favorable treatment): [________________________________]
3. Departure from policy or practice: [________________________________]
4. Pretext (false or shifting reasons offered by Respondent): [________________________________]
5. Pattern or statistical evidence: [________________________________]
6. Temporal proximity to protected activity (retaliation only): [________________________________]

E. Protected Activity (Retaliation Only).

On [DATE], I engaged in protected activity by [describe — e.g., complaining to HR / filing an OHR/EEOC charge / participating in another employee's investigation / requesting an accommodation]. Respondent thereafter, on [DATE], took the materially adverse action described above. The temporal proximity and additional facts above demonstrate causation.

F. Harm Suffered.

As a result of Respondent's unlawful conduct, I have suffered [lost wages and benefits in approximate amount $[AMOUNT]; emotional distress; humiliation; damage to my professional reputation; out-of-pocket medical/therapy expenses of approximately $[AMOUNT]; etc.].

8. WITNESSES AND COMPARATORS

Witnesses (persons with knowledge of the facts):

Comparators (persons outside Complainant's protected class treated more favorably):

9. DOCUMENTARY EVIDENCE

The following documents are attached or available upon request:

• ☐ Employment offer letter / contract
• ☐ Lease / rental application / housing communications
• ☐ Performance evaluations
• ☐ Disciplinary records
• ☐ Termination / eviction / denial letter
• ☐ Email / text / voicemail communications evidencing animus or adverse action
• ☐ Pay records / wage statements
• ☐ HR complaints / internal investigation records
• ☐ Medical records (disability or pregnancy claims; submit with HIPAA authorization)
• ☐ Religious accommodation request and response
• ☐ ADA/disability accommodation request and response
• ☐ Witness statements / declarations
• ☐ Photographs / video / audio recordings
• ☐ Employee handbook / policies
• ☐ Comparator records (where lawfully obtained)
• ☐ EEOC charge (if dual-filed)
• ☐ Other: [________________________________]

10. DAMAGES AND RELIEF REQUESTED

I respectfully request that OHR (or, upon election, the DC Commission on Human Rights) award the following relief:

• ☐ Back pay (lost wages, bonuses, commissions, benefits)
• ☐ Front pay or reinstatement
• ☐ Compensatory damages for emotional distress, humiliation, mental anguish (no DCHRA cap)
• ☐ Punitive damages (no DCHRA cap; available before the Commission per the 2024 Amendment Act)
• ☐ Reasonable attorney's fees and costs (D.C. Code § 2-1403.13(e))
• ☐ Injunctive relief (cease-and-desist, training, policy reform, posting)
• ☐ Affirmative action including hiring, promotion, accommodation
• ☐ Civil penalties payable to the District (D.C. Code § 2-1403.13(a)(1)(D))
• ☐ Restoration of housing tenancy / refund of rental fees (housing)
• ☐ Restoration of access to public accommodation
• ☐ Restoration of educational opportunity
• ☐ Other: [________________________________]

11. ELECTION OF REMEDIES / DUAL FILING ACKNOWLEDGMENT

I acknowledge that I have been advised of the following:

• ☐ Under D.C. Code § 2-1403.16(a), filing this Charge with OHR generally bars me from later filing a private civil action in DC Superior Court on the same conduct, UNLESS OHR dismisses my docketed Charge or I withdraw on or before the 30th day after the close of discovery following an OHR probable-cause determination.
• ☐ I understand that dual-filing under the EEOC-OHR work-share agreement preserves my federal Title VII / ADA / ADEA claims and I may receive an EEOC right-to-sue notice independent of any OHR finding.
• ☐ I have considered, in consultation with counsel where applicable, whether to file with OHR (administrative path) or to file directly in DC Superior Court (private cause of action under D.C. Code § 2-1403.16, 2-year SOL).

Concurrent or Prior Filings:

• Have you filed a charge or complaint regarding this matter with any other agency? ☐ Yes ☐ No
• If yes, identify agency, date, and case number: [________________________________]
• Have you filed a lawsuit regarding this matter in any court? ☐ Yes ☐ No
• If yes, identify court, date, and case number: [________________________________]

12. VERIFICATION AND SIGNATURE

I, [COMPLAINANT NAME], declare under penalty of perjury under the laws of the District of Columbia and the United States that the foregoing Charge of Discrimination is true and correct to the best of my knowledge, information, and belief, and that I have read this Charge and understand its contents.

Signature of Complainant: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

NOTARIZATION (if required by OHR or for verified pleading purposes):

DISTRICT OF COLUMBIA, ss:

Subscribed and sworn to before me this [____] day of [_______________], 20[____], by [COMPLAINANT NAME], who is personally known to me or who produced [FORM OF IDENTIFICATION] as identification.

[________________________________]

Notary Public, District of Columbia

(My Commission Expires: [_______________])

13. PRACTICE NOTES — DC OFFICE OF HUMAN RIGHTS

• One-year filing deadline (CRITICAL). D.C. Code § 2-1403.04(a) requires that a charge be filed within ONE (1) YEAR of the unlawful act or its discovery. This is among the longest civil-rights administrative deadlines in the United States, but it is shorter than the 2-year DCHRA private-action SOL. Calendar BOTH dates.
• Election of remedies (CRITICAL). D.C. Code § 2-1403.16(a) bars a private DC Superior Court suit on the same conduct once an OHR charge is docketed, unless OHR dismisses or the complainant withdraws on or before the 30th day after the close of discovery following a probable-cause finding. Plan the path (OHR vs. court) at intake.
• EEOC dual-filing. The EEOC and OHR have a work-share agreement (29 C.F.R. § 1601.13). Filing with one agency is deemed filing with the other for jurisdictional purposes. Filing only with EEOC and not docketing with OHR generally avoids the DCHRA election bar while preserving federal Title VII / ADA / ADEA claims.
• Mandatory mediation. D.C. Code § 2-1403.04(d) requires OHR to refer all docketed complaints to mediation before initiating a full investigation. Parties have up to 45 days to mediate.
• Probable cause / no probable cause. OHR investigates and issues a determination. A probable-cause finding refers the case to the DC Commission on Human Rights for adjudication. A no-probable-cause finding is final but appealable. Either disposition may trigger the 30-day withdrawal window for preserving private-action rights.
• OHR Hearing Unit and DC Commission on Human Rights. Probable-cause cases may be litigated to evidentiary hearing before the Commission, which can award compensatory damages, attorney's fees, civil penalties, and (per the 2024 Fairness Amendment) punitive damages.
• Uncapped damages. The DCHRA imposes no cap on compensatory or punitive damages — a major advantage over Title VII's tiered cap (max $300,000) under 42 U.S.C. § 1981a(b)(3).
• Individual liability under D.C. Code § 2-1402.62. Naming individual aiders and abettors at intake preserves personal liability — unavailable under Title VII.
• Submission methods. Online intake questionnaire at ohr.dc.gov; email [email protected]; fax (202) 727-9589; mail or hand-delivery to 441 4th Street NW, Suite 570N, Washington, DC 20001; or in person by appointment. Phone (202) 727-4559.
• Tolling. Filing with OHR tolls the 2-year private-action statute of limitations under D.C. Code § 2-1403.16(a) until OHR issues a notice of right to sue.
• Recent amendments. The Human Rights Enhancement Amendment Act of 2022 added homeless status as a protected class and broadened the harassment standard. The Fairness in Human Rights Administration Amendment Act of 2024 expanded compensatory damages, punitive damages, and attorney's fees in OHR/Commission proceedings.

14. SOURCES AND REFERENCES

• D.C. Code § 2-1402.11 (Employment) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.11
• D.C. Code § 2-1403.04 (Filing of complaints; mediation) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.04
• D.C. Code § 2-1403.05 (Investigation) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.05
• D.C. Code § 2-1403.06 (Probable cause) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.06
• D.C. Code § 2-1403.13 (Remedies) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.13
• D.C. Code § 2-1403.16 (Private cause of action) — https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.16
• DC Office of Human Rights — https://ohr.dc.gov/
• File a Discrimination Complaint (OHR) — https://ohr.dc.gov/service/file-discrimination-complaint
• OHR Complaint Process & Timeline — https://ohr.dc.gov/page/complaint-process-timeline
• OHR Intake Process — https://ohr.dc.gov/service/step-1-intake-process
• OHR Hearing Unit and DC Commission on Human Rights — https://ohr.dc.gov/page/ohrs-hearing-unit-and-dc-commission-human-rights
• DC Commission on Human Rights Litigation Manual — https://ohr.dc.gov/sites/default/files/dc/sites/ohr/publication/attachments/Commission%20Litigation%20Manual_0.pdf
• DC Human Rights Act of 1977 (full text) — https://ohr.dc.gov/sites/default/files/dc/sites/ohr/publication/attachments/LawsAndRegs-HumanRightsAct-1977-English.pdf
• D.C. Law 25-300, Fairness in Human Rights Administration Amendment Act of 2024 — https://code.dccouncil.gov/us/dc/council/laws/25-300
• EEOC-OHR Work-Sharing Agreement — 29 C.F.R. § 1601.13
• Brown v. Capitol Hill Club, 425 A.2d 1309 (D.C. 1981) (election of remedies)
• Daka, Inc. v. Breiner, 711 A.2d 86 (D.C. 1998) (DCHRA damages)

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 this document before submission. OHR procedures, regulations, and forms are subject to change; verify all current requirements at ohr.dc.gov before filing.