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Complaint Process
Step 5: Office Determination & Conclusion
The Office will render a decision of "No Probable Cause" or "Probable Cause." Based on the decision, the following actions will occur:
No Probable Cause:
If the evidence does not support your claim and “No Probable Cause” is found, your case will be dismissed. However, in private sector cases, you may apply within 30 days to OHR for reconsideration of the finding. If your complaint alleges employment discrimination and is cross-filed with the US Equal Opportunity Commission, you may also appeal to that agency. Another option is to take your case to court.
Probable Cause:
If the evidence supports your claim, OHR will render a determination of “Probable Cause” and the respondent will be invited to attend a conciliation conference.
- (1) Conciliation:
If conciliation fails, your complaint will be certified to the Commission on Human Rights for a public hearing. Select the link below for more on the Commission on Human Rights:
- (2) Public Hearing:
- The Commission on Human Rights will assign the case to a hearing examiner and tribunal panel. Your case will be heard in a court-like setting without a jury. You and the respondent may have attorneys to advise you and should be prepared to provide witnesses and evidence. OHR may present its findings at the hearing.
- If the facts support your claim, the Commission will issue an order in your favor, which may include compensatory damages and attorney’s fees. If the facts fail to support your claim, your case will be dismissed. If either party disagrees with the decision, application may be made to the Commission for reconsideration, or an appeal may be made to the DC Court of Appeals.
- DC government employees have the right to request reconsideration or to reopen their case. Conciliation is conducted in “probable cause” cases and a summary determination will be issued by OHR when conciliation fails.
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