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I have questions about DC Human Rights Act and EEOC, No I am…

I have questions about...

I have questions about DC Human Rights Act and EEOC

Lawyer's Assistant: Have you documented this or discussed it with HR?

No I am an attorney for a client.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

This is a discrimination complaint

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Answered in 2 minutes by:
9/19/2017
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,241
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. What is your question?
Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Hi.
I represent a person employed by the District of Columbia Government. She filed a discrimination complaint (just in time) with the Office of Human Rights (D.C. has a work sharing agreement with the EEOC). The intake was done and a mediation took place which was not sucessful. Therefore Office of Human Rights has begun an investigation. The District has a one year statue of limitations for filing directly in its Superior Court(State Court). It is my understanding that she can drop her OHR complaint and then file in D.C. Superior Court as noted above. Question, when she withdraws the OHR complaint has the one year statue been tolled-in short how long does she have to file in Superior Court.
Next issue: She claims that she has been retaliated against by her supervisor subsequent to the above. She wants to file this directly with the EEOC. Does she first have to go to an EEO counelor in her agency before going to the EEOC. When she files with EEOC as a D.C. Government Employee how many days does she have to file her complaint with EEOC. Is there a way to add the retaliation to the lawsuit to be filed in the Superior Court in order to have the entire case before the Court, or does the retaliation complaint have to be filed separately.
I look forward to your response. If you need any documents please let me know. Also I have no problem with speaking about this via telephone.Thank you,Jay Schiffres

Hi Jay. Thank you for that information.

Tolling: No, withdrawing her claim with OHR does not toll her complaint. The 1-year statute of limitations continues to run.

Retaliation Claim: Yes, she must first consult with an EEOC counselor, prior to filing the retaliation claim, as it is considered separate and apart from the initial claim.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 7 months ago
With regard to the tolling issue when you say it continues to run do you mean that if she filed with OHR on June 1, 2016 and she withdrew the complaint on June 1, 2017 then she could not file in Court? Or do you mean that the sol begins on June 1, 2017? With regard to the consultation with the EEOC counselor how long does she have from the time of the alleged retaliation to contact the EEO counselor? Could you give me some D.C. and Federal citations including EEOC regulations for your responses.
I really appreciate your help.
Jay Schiffres

Apologies, let me clarify. Once she files the complaint and the OHR takes on the complaint, OHR must provide an exit letter for the claim to proceed. If she dismisses the complaint prior to receiving the exit letter, she will not be able to pursue charges.

She must consult an EEOC counselor within 180 days for the alleged incident.

You can read more about this information by viewing these links:

  • https://ohr.dc.gov/page/EEOcounselors
  • https://ohr.dc.gov/service/file-discrimination-complaint
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Customer reply replied 7 months ago
If OHR gives her the exit letter does the one year statue then start? Also what is the effect of her original Complaint being cross filed with the EEOC would it mean that they would give her a right to sue letter in Federal (or State) court. I am confused about the whole cross filing situations.Thanks againJay Schiffres

No, the 1-year statute is to raise the claim, she has 15 days from receipt of the exit letter to file charges. However, she will receive that letter from the EEOC, not OHR.

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Customer reply replied 7 months ago
Ok When you say she has 15 days to file charges do you mean to file a law suit in DC superior court?

That is correct.

Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,241
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thank you for hanging there with me. I am notorious for confusing dates. I really appreciate your help.Jay Schiffres

No problem! Happy to help.

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

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