D.C. Act 25-692. Fairness in Human Rights Administration Amendment Act of 2024.

AN ACT

To amend the Human Rights Act of 1977 to clarify the definition of sexual harassment, to allow withdrawal without prejudice of certain administrative complaints of unlawful discrimination against the District government, to clarify that persons who bring administrative complaints of unlawful discrimination against the District government may be entitled to compensatory damages and reasonable attorneys' fees, to permit withdrawal without prejudice of administrative complaints before certain determinations are made by the Office of Human Rights, to require the Office of Human Rights to issue notices of a complainant's right to file a civil action in certain circumstances, and to enlarge the statute of limitations for filing a discrimination claim in court from one year to 2 years.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this Act may be cited as the "Fairness in Human Rights Administration Amendment Act of 2024".

Sec. 2. The Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.), is amended as follows:

(a) Section 211(c-2)(2)(B)(i) (D.C. Official Code § 2-1402.11(c-2)(2)(B)(i)) is amended by striking the phrase "sexual nature" and inserting the phrase "sexual nature or that is based on sex, gender, sexual orientation, or gender identity or expression" in its place.

(b) Section 303 (D.C. Official Code § 2-1403.03) is amended as follows:

(1) Subsection (a) is amended to read as follows:

"(a) The Mayor shall establish rules of procedure for the filing, mediation, investigation, conciliation, hearing, and final determination of administrative complaints filed against District government agencies, officials, and employees alleging violations of this act.".

(2) Subsection (b) is amended by striking the phrase "may elect to file" and inserting the phrase "may file" in its place.

(3) New subsections (c) and (d) are added to read as follows:

"(c)(1) A person who has filed an administrative complaint with the Office against a District government agency, official, or employee may withdraw the complaint by filing a written notice of withdrawal with the Office. A person who withdraws a complainant may only maintain a private cause of action consistent with the provisions of section 316.

"(2) The Office may fully investigate the circumstances accompanying a complainant's notice of withdrawal.

"(d) The Office of Human Rights shall have the authority to issue a cease and desist order or impose the remedies set forth in section 313(a)(1)(A)-(E) and (F) upon a final administrative determination that a District respondent violated a provision of this act.".

(c) Section 304 (D.C. Official Code § 2-1403.04) is amended as follows:

(1) The section heading is amended to read as follows:

"Sec. 304. Filing and withdrawal of complaints; mediation.

(2) Subsection (b) is amended to read as follows:

"(b)(1) Complaints filed with the Office under the provisions of this act may be voluntarily withdrawn at the request of the complainant by filing a written notice of withdrawal with the Office. A person who withdraws a complaint may only maintain a private cause of action consistent with the provisions of section 316.

"(2) The Office may fully investigate the circumstances accompanying a complainant's notice of withdrawal.".

(d) Section 305 (D.C. Official Code § 2-1403.05) is amended as follows:

(1) Subsection (a) is amended by striking the phrase "shall serve, within 15 days of said filing, a copy thereof" and inserting the phrase "shall serve a copy of the complaint" in its place.

(2) Subsection (c) is amended to read as follows:

"(c) If the Office finds that it lacks jurisdiction over a complaint or that probable cause does not exist, the Director shall issue and serve on the appropriate parties an order dismissing the allegations of the complaint.".

(d) A new section 306a is added to read as follows:

"Sec. 306a. Notice of right to file civil action.

" The Office shall serve a notice of right to file a civil action upon a complainant whenever:

"(1) The complainant submitted a written notice of withdrawal before the completion of the Office's investigation;

"(2) The Office dismissed the complaint on grounds of lack of jurisdiction, no probable cause, or administrative convenience; or

"(3) The Office made a probable cause finding and the complainant filed a written notice of withdrawal on or before the 30th day after the close of discovery before the Commission or a Hearing Examiner.".

(e) Section 313 (D.C. Official Code § 2-1403.13) is amended as follows:

(1) Subsection (a) is amended as follows:

(A) Paragraph (1) is amended as follows:

(i) The lead-in language is amended as follows:

(I) Strike the phrase "upon such respondent" and insert the phrase "upon all the parties" in its place.

(II) Strike the phrase "requiring such respondent" and insert the phrase "requiring the respondent" in its place.

(ii) Subparagraph (E) is amended by striking the phrase "attorney fees" and inserting the phrase "attorneys' fees and costs" in its place.

(B) Paragraph (2) is amended by striking the phrase "attorneys fees" and inserting the phrase "attorneys' fees and costs" in its place.

(C) Paragraph (3) is amended by striking the phrase "served upon the respondent" and inserting the phrase "served upon all the parties" in its place.

(2) Subsection (b) is amended by striking the phrase "served on the complainant" and inserting the phrase "served on all the parties" in its place.

(f) Section 316 (D.C. Official Code § 2-1403.16) is amended to read as follows:

"(a) Any person claiming to be aggrieved by an unlawful discriminatory practice under this act may file a private cause of action in a court of competent jurisdiction for damages and such other remedies as may be appropriate, consistent with the provisions of this section.

"(b)(1) Except as otherwise provided in this section, a private cause of action brought pursuant to this act shall be filed in a court of competent jurisdiction within 2 years after the unlawful discriminatory act, or the discovery thereof.

"(2) The timely filing of a complaint with the Office, under this act or under procedures established by the Mayor pursuant to section 303, shall toll the time to file a private cause of action until after the Office has served a notice of right to file a civil action on the complainant pursuant to section 306a.

"(c)(1) After filing a complaint with the Office, a person shall maintain all rights to bring suit in any court of competent jurisdiction if:

"(A) The person submitted a written notice of withdrawal before the completion of the Office's investigation; or

"(B) The Office dismissed the complaint on grounds of lack of jurisdiction, no probable cause, or administrative convenience.

"(2) A person who brings a private cause of action pursuant to this subsection shall file suit no later than 90 days after the Office has served the notice of right to file a civil action or within the remaining limitations period referenced in subsection (b) of this section, whichever is longer.

"(d) With the exception of complaints alleging unlawful discrimination in residential real estate transactions brought pursuant to this act or the FHA covered by section 305, if the Office has made a probable cause finding against a respondent, the person may bring a private cause of action only if:

"(1) The person submitted written notice of withdrawal to the Office on or before the 30th day after the close of discovery before the Commission or a hearing examiner; and

"(2) The person filed the cause of action no later than 90 days after the Office has served the notice of right to file a civil action or within the period remaining on the statute of limitations referenced in subsection (b) of this section, whichever is longer.

"(e) No person who maintains, in a court of competent jurisdiction, any action based upon an act which would be an unlawful discriminatory practice under this act may file the same complaint with the Office.

"(f) The court may grant any relief it deems appropriate, including, the relief provided in §§ 2-1403.07 and 2-1403.13(a), to a person who brings a cause of action pursuant to this section, including an action against the District of Columbia.

"(g) A court may consider but shall not be bound by the prior finding, decision, or other record of the Office.

"(h) The notice requirement of D.C. Official Code § 12-309 shall not apply to any action brought against the District of Columbia under this section.".

Sec. 3. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).