The District of Columbia Court of Appeals reversed the no probable cause decision issued by the District of Columbia Office of Human Rights (“DCOHR”), disagreeing with the DCOHR’S conclusion that our client had not demonstrated that he had been discriminated against on the basis of his disability.
CLG shares the attached article and opinion of the District of Columbia Court of Appeals addressing disability discrimination under the District of Columbia Human Rights Act (“DCHRA”), and the role of DCOHR. The case clarifies that of role of the Office of Human Rights is limited to reviewing facts to determine whether there is probable cause to credit a complainant’s allegation. The case illustrates the importance of documentation and witness statements in supporting a claim of discrimination.
If you are considering filing a charge of discrimination, consider what documents and which individuals will support your claim. Before filing the charge, be prepared with facts and witness statements supporting the elements of your claim of discrimination under the DCHRA.
The best way to support your claim of discrimination is with documentation, including but not limited to witness statements, emails, correspondence, and journal notes kept while experiencing discriminatory acts in the workplace. Keep all employment handbooks and communications regarding employment policies. Identify any witnesses to the discrimination you suffered and secure a written statement from them regarding what they witnessed.
The statute of limitations under the DCHRA is limited to one year from the act of discrimination; and you have only 360 days from the discriminatory act to file with the EEOC. Therefore, if you believe they have been discriminated against keep a calendar reflecting the date of such discriminatory acts and monitor the time by which your claim must be filed.
If you wish to consult an attorney, feel free to call the attorneys at Clark Law Group, PLLC. :
Isabel Casteleiro–(202) 261-6518
Alison Falb–(202) 261-6579
Denise Clark–(202) 263-4630