(a) Pursuant to § 1-204.04(b), there is hereby established, in the Executive Branch of the government of the District of Columbia, an Office of Human Rights under the supervision of a Director, who shall carry out the functions and authorities assigned to the Office. The Office of Human Rights ("Office") is established as a separate agency as of October 1, 1999.
(b) The Director shall have full authority over the Office and all functions and personnel assigned thereto, including the power to redelegate to other employees and officials of the Office such powers and authority as in the judgment of the Director are warranted in the interests of efficiency and sound administration.
(Oct. 20, 1999, D.C. Law 13-38, § 202, 46 DCR 6373.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of subchapter IV, consisting of §§ 1-2571 to 1- 2576 [1981 Ed.], see §§ 202 to 207 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).
Legislative History of Laws
Law 13-38, the "Service Improvement and Fiscal Year 2000 Budget Support Act of 1999," was introduced in Council and assigned Bill No. 13-161, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 11, 1999, and June 22, 1999, respectively. Signed by the Mayor on July 8, 1999, it was assigned Act No. 13-111 and transmitted to both Houses of Congress for its review. D.C. Law 13-38 became effective on October 20, 1999.
Miscellaneous Notes
Section 201 of D.C. Law 13-38 provides:
"This subtitle may be cited as the 'Office of Human Rights Establishment Act of 1999'."
The purpose of the Office is to secure an end to unlawful discrimination in employment, housing, public accommodations, and educational institutions for any reason other than that of individual merit. The Office shall seek to eradicate discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression (as defined in § 2-1401.02(12A)), familial status, family responsibilities, matriculation, political affiliation, physical disability, source of income, and place of residence or business.
(Oct. 20, 1999, D.C. Law 13-38, § 203, 46 DCR 6373; Apr. 24, 2007, D.C. Law 16-305, § 12, 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 5, 55 DCR 3696.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-305 substituted "disability" for "handicap".
D.C. Law 17-177 substituted "sexual orientation, gender identity or expression (as defined in § 2-1401.02(12A))" for "sexual orientation".
Emergency Act Amendments
For temporary (90-day) addition of subchapter IV, see notes following § 2- 1411.01.
Legislative History of Laws
For Law 13-38, see notes following § 2-1411.01.
For Law 16-305, see notes following § 2-301.07.
Law 17-177, the "Prohibition of Discrimination on the Basis of Gender Identity and Expression Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-330, which was referred to the Committee on Workforce Development and Government Operations. The Bill was adopted on first and second readings on February 5, 2008, and March 4, 2008, respectively. Signed by the Mayor on March 19, 2008, it was assigned Act No. 17-329 and transmitted to both Houses of Congress for its review. D.C. Law 17-177 became effective on June 25, 2008.
The functions of the Office shall be to:
(1) Educate the public, including District residents and employers, about Unit A of this chapter ("Human Rights Act");
(2) Undertake investigations and public hearings on racial, religious, or ethnic group tensions, prejudice, intolerance, bigotry, disorder, and on any form of unlawful discrimination pursuant to the Human Rights Act;
(3) Receive, review, and investigate complaints of unlawful discrimination in employment, housing, public accommodations, or educational institutions;
(5) Mediate complaints of unlawful discrimination in employment, housing, public accommodations, or educational institutions to help parties to a complaint reach a voluntary settlement;
(6) Conciliate complaints of unlawful discrimination in employment, housing, public accommodations, or educational institutions, after the Office has made a finding of probable cause to believe that an act of unlawful discrimination has occurred, to help the parties to a complaint reach a voluntary settlement;
(7) Certify a complaint to the Office of the Corporation Counsel for legal action needed, in the Director's judgment, to preserve the status quo or to prevent irreparable harm to a party to the complaint;
(8) Forward to the Commission on Human Rights, for a hearing, decision, and order, any complaint that has resulted in a finding of probable cause by the Office; and
(9) Issue, adopt, promulgate, amend, and rescind such rules and procedures as the Director deems necessary to effectuate the provisions of this subtitle, in accordance with procedures promulgated pursuant to subchapter I of Chapter 5 of Title 2.
(Oct. 20, 1999, D.C. Law 13-38, § 204, 46 DCR 6373; June 19, 2001, D.C. Law 13-313, § 8, 48 DCR 1873.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-313 added par. (9).
Emergency Act Amendments
For temporary (90-day) addition of subchapter IV, see notes following § 2- 1411.01.
Legislative History of Laws
For Law 13-38, see notes following § 2-1411.01.
For D.C. Law 13-313, see notes following § 2-1401.02
All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Human Rights and Local Business Development for the human rights functions set out in Reorganization Plan No. 1 of 1989, effective November 1, 1989, are hereby transferred to the Office.
(Oct. 20, 1999, D.C. Law 13-38, § 205, 46 DCR 6373.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of subchapter IV, see notes following § 2- 1411.01.
Legislative History of Laws
For Law 13-38, see notes following § 2-1411.01.
(a) There are hereby established the following 5 primary organizational functions in the Office:
(1) The Office of the Director, which sets overall policy and performance targets for the Office, supervises and evaluates staff, administers the budget, and promotes conciliation after a determination of probable cause has been reached.
(2) Education and Research, which studies patterns of discrimination in employment, public accommodations, and educational institutions, and educates District residents, employers, community groups, and other concerned parties about the Human Rights Act and federal anti-discrimination laws in order to prevent unlawful discrimination.
(3) Intake, which counsels prospective complainants on the Office's functions and statutory responsibilities, evaluates the complainants' allegation of unlawful discrimination, and completes the forms and procedures necessary for the filing of a complaint;
(4) Mediation, which trains and oversees the activities of mediators who assist the parties to a complaint in trying to reach a voluntary settlement; and
(5) Investigations, which solicits and evaluates evidence provided by the complainant and respondent to prepare a written determination about whether there is probable cause to believe that the respondent has violated the Human Rights Act.
(b) The Director, in the performance of his or her duties and functions, is authorized to restructure the organizational components of the Office as he or she deems necessary to improve the quality of services.
(Oct. 20, 1999, D.C. Law 13-38, § 206, 46 DCR 6373.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of subchapter IV, see notes following § 2- 1411.01.
Legislative History of Laws
For Law 13-38, see notes following § 2-1411.01.
Pursuant to § 1-204.04(b), the Council hereby abolishes the Department of Human Rights and Local Business Development, established under Reorganization Plan No. 1 of 1989, effective November 1, 1989. The Department of Human Rights and Local Business Development is abolished as of October 1, 1999.
(Oct. 20, 1999, D.C. Law 13-38, § 207, 46 DCR 6373.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of subchapter IV, see notes following § 2- 1411.01.
Legislative History of Laws
For Law 13-38, see notes following § 2-1411.01.
