How Do You File an Employment Discrimination Claim in Washington, D.C.?
If you are a victim of employment discrimination in Washington, D.C., you have the right to file a claim against the company that discriminated against you. Local and federal laws prohibit numerous forms of discrimination in employment, and there are clear avenues for seeking accountability when necessary. Learn more from an experienced Washington, D.C. discrimination lawyer at The Law Firm of J.W. Stafford:
Three Avenues for Filing an Employment Discrimination Claim in Washington, D.C.
If you have a discrimination claim in Washington, D.C., the steps you need to take depend on the specific law (or laws) that your employer, former employer, or prospective employer violated when it discriminated against you. Broadly speaking, there are three potential options available:
1. Filing a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC)
If you have a discrimination claim under federal law, seeking accountability will most likely start with filing a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC accepts Charges of Discrimination involving violations of:
- Title VII of the Civil Rights Act of 1964 (Title VII)
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Genetic Information Nondiscrimination Act (GINA)
- Pregnant Workers Fairness Act (PWFA)
Once you file a Charge of Discrimination, the EEOC will investigate your claim. If it determines that you have a valid discrimination claim, it will attempt to facilitate an amicable resolution between you and the company involved. If the EEOC is not able to facilitate an amicable resolution, or if it declines to pursue a resolution on your behalf, it will issue a Notice of Right to Sue, and then you will have the ability to take your discrimination claim to federal court.
2. Filing a Discrimination Complaint with the D.C. Office of Human Rights (OHR)
If you have a claim under the Washington D.C. Human Rights Act (DCHRA), you can file a discrimination complaint with the D.C. Office of Human Rights (OHR). The DCHRA applies to all companies in Washington, D.C., regardless of their size, and it prohibits discrimination on the basis of protected traits, including (but not limited to):
- Age
- Color
- Disability
- Family status (including pregnancy)
- Gender identity and expression
- National origin
- Political affiliation
- Race
- Religion
- Sex and sexual orientation
The OHR’s process is similar to the EEOC’s process. If informal efforts to resolve your claim are unsuccessful (either because the company denies your allegations or it refuses to offer a fair settlement), you will have the right to take your claim to court. In this scenario, you will need to file your employment discrimination lawsuit in the D.C. Superior Court.
3. Filing an Equal Pay Claim in Court
If you have a pay discrimination claim under the federal Equal Pay Act (EPA), this is the one scenario in which you do not need to pursue your federal claim with the EEOC before pursuing your claim in court. The EPA specifically prohibits sex-based pay discrimination in employment. If you have a pay discrimination claim under the EPA, an experienced Washington D.C. discrimination lawyer can file a lawsuit on your behalf, and then your lawyer can work to negotiate a fair settlement while also preparing to fight for your legal rights at trial if necessary.
Strict Deadlines and Other Filing Requirements Apply
In all cases, strict deadlines and other filing requirements apply. The deadlines for employment discrimination claims vary widely—from 180 days in most EEOC cases to 1 year under the DCHRA and either 2 or 3 years under the EPA. If you do not strictly comply with all of the requirements that apply to your discrimination claim, this alone could prevent you from securing the remedies you deserve.
This is one of several reasons to consult an experienced Washington, D.C., discrimination lawyer promptly if you have questions about your legal rights. Along with making sure you file your claim on time, your lawyer can also assist with proving your claim and calculating the damages you are entitled to recover. You may be entitled to placement, reinstatement, or other equitable remedies as well, and your lawyer can help you decide which remedies to pursue in light of the unique circumstances of your case.
Discuss Your Claim with an Experienced Washington D.C. Discrimination Lawyer in Confidence
If you need more information about filing an employment discrimination claim, we strongly encourage you to get in touch. To discuss your claim with an experienced Washington D.C. discrimination lawyer in confidence, please call 410-514-6099 or contact us confidentially online today.