Derek Smith Law Group / Employment Law Attorneys / How to File a Discrimination Complaint in Washington, D.C.

Washington, D.C. Employee Rights Guide

How to File a Discrimination Complaint in D.C. — Step by Step

Harassed, discriminated against, or punished for speaking up at work in the District? Here is how to file under the D.C. Human Rights Act — with the D.C. Office of Human Rights (OHR) or directly in D.C. Superior Court — and how to protect your deadlines, even without a lawyer.

Our honest advice: read this, then talk to an employment lawyer before you file. Choosing the wrong path or missing a deadline can cost you claims you can never get back.

See the 8 steps ↓ Free Consultation · (202) 938-1794

1year to file with the D.C. OHR

2years to sue directly in D.C. Superior Court

300days to file with the federal EEOC

$120Superior Court filing fee (waivable if you qualify)

First Decision

Two ways to file — choose carefully

Unlike some states, D.C. does not require you to go to an agency first. Under the D.C. Human Rights Act (DCHRA), you can file an administrative complaint with the D.C. Office of Human Rights (OHR), or you can file a lawsuit directly in court. But the two paths interact: once you sue in court, you can't file the same complaint with OHR, and leaving OHR for court later is only allowed at certain points.

Slower · OHR does the work

Option A: File with the D.C. Office of Human Rights

Deadline: 1 year from the discriminatory act (or when you discovered it)
Start with an Employment Intake Questionnaire, followed by intake with an OHR officer
Every complaint goes to mandatory mediation (up to 45 days) before a full investigation
OHR serves the complaint on your employer and investigates
Filing on time with OHR pauses your 2-year deadline to sue until OHR sends you a notice of your right to file a civil action
You can withdraw and go to court — but only at certain points (see Step 7)

Faster · You do the work

Option B: Sue directly in D.C. Superior Court

Deadline: 2 years from the discriminatory act (or when you discovered it)
No agency filing or "right-to-sue" notice is required for D.C. claims
You draft the complaint, pay the $120 filing fee (or ask for a fee waiver), and serve every defendant
You face the employer's lawyers under court rules and deadlines from day one
Once you sue, you cannot file the same complaint with OHR
Federal claims (Title VII, ADA, age) still need a separate, timely EEOC charge

The Process

8 steps to file your D.C. discrimination complaint

Follow these in order. Steps 4–7 are the OHR path; if you sue directly in court, go from Step 3 to Step 8.

Confirm your claim is covered — and still on time

The DCHRA forbids job discrimination and harassment based on actual or perceived race, color, religion, national origin, sex, age (18 and older), marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation (being enrolled in school), political affiliation, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, credit information, and homeless status. It also protects pregnancy, childbirth, breastfeeding, and reproductive health decisions, and it forbids retaliation for complaining, helping a coworker, or taking part in an investigation.

Covers employers of any size — the law defines an employer as anyone who employs an individual for pay (the only household exception is the employer's own parent, spouse, or child).
Covers unpaid interns and most independent contractors, not just employees.
Harassment does not have to be "severe or pervasive." D.C. looks at the totality of the circumstances, and even a single incident can be enough.
Deadlines: 1 year to file with OHR, or 2 years to sue in court, from the act or its discovery. The 2-year court deadline was added by D.C. Law 25-300, which federal courts have treated as effective March 21, 2025 (OHR began enforcing the law on October 1, 2025). Before that, the court deadline was 1 year, and courts have held the change does not revive claims that had already expired. If the discrimination happened before March 21, 2025, file within 1 year if you still can, and ask a lawyer right away which deadline applies to you.
Federal employees can't use OHR — contact your agency's EEO counselor within 45 days. D.C. government employees follow special rules (see the FAQ).
Unpaid wages are governed by separate D.C. wage laws with their own 3-year deadline.

Gather your information

Your employer's correct legal name and address (check a paystub, W-2, or offer letter)
The name and job title of each person who discriminated against or harassed you
Dates of each incident — especially the last one
What happened to you: firing, demotion, pay cut, harassment, denied accommodation, etc.
Witness names, texts, emails, photos, and performance reviews
Any arbitration agreement you signed (check your onboarding paperwork) — it may affect where your case is heard

💡 Not sure which company employed you (staffing agency vs. client company)? Name every entity that may have employed you, and every individual involved.

Choose your path: OHR or court

OHR is less formal than court and offers mediation and an investigation, but it can take time. Suing directly gives you a longer deadline and control of your case, but you must follow court rules. Whichever you choose, also decide now whether you want to protect federal claims with an EEOC charge — that deadline (300 days) is shorter than both D.C. deadlines.

⚠️ If you file a lawsuit first, you can't later file the same complaint with OHR. And if you start at OHR, you can only move to court at the times described in Step 7.

Submit OHR's Employment Intake Questionnaire

Go to OHR's "File a Discrimination Complaint" page at ohr.dc.gov and complete the Employment Intake Questionnaire online or in print (print versions are available in several languages). You can email it to OHR, mail it, fax it to (202) 727-9589, or bring it to OHR at 441 4th Street NW, Suite 570N, Washington, DC 20001 (Monday–Friday, 8:30 a.m.–5 p.m.). An email without the form will not be accepted.

Describe what happened and the date it happened, with enough detail for OHR to decide whether it can investigate
Name each person who discriminated against you
Fill in every field you can — an incomplete form can delay or stop OHR from processing your complaint

💡 Questions or need an accommodation? Call OHR at (202) 727-4559 (TTY 711).

Complete intake and sign your formal complaint

After OHR receives your questionnaire, an intake officer will contact you, usually to schedule an intake interview. If OHR has jurisdiction, the officer drafts a formal charge of discrimination for you to review and sign (OHR's intake page says it must be notarized). Read it carefully before you sign.

Make sure your employer and each individual involved are named
Make sure every protected trait and every harm is listed
If you complained and were punished, make sure retaliation is included
Cooperate fully — OHR may dismiss a complaint if you don't

💡 You are declaring your allegations are true. Be accurate — and keep a copy of everything you submit and receive.

Attend mandatory mediation

D.C. law requires every OHR complaint to be mediated before OHR starts a full investigation. Your employer is served with the complaint and given a mediation date — OHR says parties are asked to attend within about three to five weeks after filing. OHR allows up to 45 days to mediate. If you reach an agreement, its terms resolve your complaint; if not, OHR investigates.

⚠️ A mediated agreement controls the outcome of your complaint. Don't sign a settlement — especially one that releases all your claims — before a lawyer reviews it.

Investigation, probable cause — and your exits to court

The law directs OHR to decide, within 120 days after serving the complaint, whether it has jurisdiction and whether there is probable cause to believe discrimination occurred. If there is no probable cause, OHR dismisses the complaint. If there is, the case can move toward a hearing before the D.C. Commission on Human Rights, which can order back pay, reinstatement, compensatory damages, and attorneys' fees and costs.

You may leave OHR and sue in court if: you file a written notice of withdrawal before OHR finishes its investigation; OHR dismisses for lack of jurisdiction, no probable cause, or administrative convenience; or, after a probable cause finding, you withdraw in writing no later than 30 days after discovery closes before the Commission or hearing examiner. In each case OHR must send you a notice of your right to file a civil action.

⚠️ After that notice, you must sue within 90 days or within the time left on your 2-year deadline — whichever is longer. Write down the date you receive the notice.

File your lawsuit in D.C. Superior Court

DCHRA lawsuits are usually filed in the Civil Actions Branch of D.C. Superior Court, Room 5000, Moultrie Courthouse, 500 Indiana Avenue NW, Washington, DC 20001 (clerk: (202) 879-1133).

File your complaint with the court's civil Information Sheet and a summons for each defendant, plus a copy of the complaint for each defendant
The filing fee for a new civil action is $120. Can't afford it? File the court's Fee Waiver Application at the same time as your complaint and summons
Have each defendant served with the summons, complaint, and Initial Order by an adult (18+) who is not a party, or by certified mail, return receipt requested
File proof of service within 60 days of filing, or your case can be dismissed
Suing the D.C. government? Serve both the Mayor and the D.C. Attorney General

Want federal claims too (Title VII, ADA, age discrimination)? File an EEOC charge within 300 days of the discrimination. After the EEOC issues a Notice of Right to Sue, a federal lawsuit must be filed within 90 days of receiving it. Age claims work differently: you can sue 60 days after filing your EEOC charge without waiting for a notice, but if the EEOC closes your charge and notifies you first, you must sue within 90 days of receiving that notice.

💡 Court forms and information: dccourts.gov. Free legal help directory: LawHelp.org/DC.

Interactive Tool

Check your deadlines

Enter the date of the last act of harassment, discrimination, or retaliation (for example, your termination date). We'll estimate the key filing deadlines. Some rows apply only to federal or D.C. government employees — they're labeled.

Date of last incident

Estimates only. Special rules can shorten or extend these deadlines (for example, late discovery, a pending agency complaint, or a government employer). Some deadlines run from when you learned of the problem rather than the date of the act. If a deadline falls on a weekend or holiday, it may move to the next business day — but file early and don't rely on the extension. Confirm your deadlines with a lawyer.

Enter a date to see your deadlines—Your results appear here instantly.

Good to Know

Can I file against the individual who harassed me?

Often, yes — especially if that person is a supervisor or manager. The DCHRA defines "employer" to include any person acting in the employer's interest, directly or indirectly, and D.C.'s highest court has held a high-level supervisor personally liable under the Act. The law also makes it unlawful for any person to aid, abet, compel, or coerce discrimination.

Whether a non-supervisory coworker can be held personally liable is less settled. In almost every case, you should name your employer — and talk to a lawyer about which individuals to name as well.

Watch Out

Some deadlines are shorter than the DCHRA's

Related claim	Typical deadline
Federal employees: contact agency EEO counselor	45 days
D.C. government employees: contact a certified EEO counselor (for the OHR route)	180 days
Non-DCHRA damage claims against the D.C. government (e.g., assault): written notice to the Mayor	6 months — not required for DCHRA or D.C. whistleblower suits
Assault, battery, defamation (libel or slander)	1 year
D.C. government whistleblower lawsuit	1 year from learning of the violation, but no more than 3 years after it
Federal EEOC charge	300 days
Federal lawsuit after EEOC notice	90 days from receipt
Intentional infliction of emotional distress (standing alone)	3 years — but it may be only 1 year if it's intertwined with an assault or defamation claim
Unpaid wages (D.C. wage laws)	3 years
Sexual abuse (victim 35 or older at the time)	5 years, or 5 years from when you knew or should have known — whichever is later (longer if you were under 35)

These claims don't go through OHR, and filing with OHR does not pause their deadlines.

Before You File

You can do this alone. Here's why you shouldn't have to.

D.C. gives you two paths, several exits from one to the other, and different deadlines for each. Choices you make at the start — and what you put in your complaint — can decide your case before it ever reaches a courtroom. Your employer will have lawyers from day one. You deserve the same.

Choose the right pathOHR or court? Leaving OHR at the wrong time — or suing too soon — can close doors permanently.

Never miss a deadlineOHR, court, EEOC, and tort deadlines all run on different clocks.

Maximize your recoveryBack pay, compensatory damages including emotional distress, punitive damages in appropriate court cases, and attorneys' fees and costs may be available.

No fees or costs unless you recoverWe handle employment cases on contingency. You pay no attorney's fees unless you recover, and if there is no recovery you are not responsible for the case costs we advanced.

Free, Confidential Consultation

Talk to an employment lawyer about your D.C. case today.

(202) 938-1794

Derek Smith Law Group, PLLC
1500 K Street, 2nd Floor
Washington, DC 20005

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*Gross amounts. Each result depended on the facts of that case, and results will differ if based on different facts. Prior results do not guarantee a similar outcome.

FAQ

Common questions

Do I have to file with OHR before I can sue?

No. The D.C. Human Rights Act lets you file a lawsuit directly in court within 2 years of the discriminatory act or its discovery. Filing with OHR is optional — but if you do file with OHR, you can only move your case to court at certain points (see Step 7). Federal claims are different: they generally require an EEOC charge first.

Is mediation really mandatory at OHR?

Yes. D.C. law requires every complaint filed with OHR to be mediated before OHR begins a full investigation, and OHR gives the parties up to 45 days to reach an agreement. You don't have to accept any offer, but any agreement you do reach controls how your complaint is resolved.

Does filing with OHR also file with the EEOC?

OHR and the EEOC have a worksharing agreement, and the federal appeals court in D.C. has recognized that, under it, a charge received by one agency can be treated as received by the other. Still, ask OHR whether your complaint will be cross-filed with the EEOC and get confirmation in writing. And remember the EEOC's 300-day deadline is shorter than OHR's 1-year deadline — if you file with OHR after day 300, your federal claims may already be lost.

What happens to my court deadline while my OHR complaint is pending?

A timely OHR complaint pauses ("tolls") your 2-year deadline to sue until OHR serves you with a notice of your right to file a civil action. After that notice, you have 90 days or whatever time remains on your 2-year deadline — whichever is longer. Don't wait until the last day.

I work for the federal government. Can I file with OHR?

No. OHR directs federal employees to the federal EEO process. You must contact an EEO counselor at your own agency within 45 days of the discriminatory act (or, for a personnel action, within 45 days of its effective date). This is one of the shortest deadlines in employment law — act immediately.

I work for the D.C. government. What's different?

To use OHR, D.C. government employees and applicants must first consult a certified EEO counselor within 180 days of the discrimination (or its discovery). Counseling lasts 30 days and may be extended another 30. If it doesn't resolve your complaint, you must file with OHR within 15 days of receiving the counselor's Exit Letter and attach it. (OHR says counseling is not required for sexual harassment claims, which can be filed directly with OHR. OHR's own web pages give slightly different time limits for these steps, so count from the earliest date and confirm with OHR.) Alternatively, D.C. law lets you file a DCHRA lawsuit in court, and the 6-month notice-to-the-Mayor rule does not apply to DCHRA suits. Talk to a lawyer about which path is right for you.

I signed an arbitration agreement. Can I still file?

An arbitration agreement may require your claims to be decided by an arbitrator instead of a court. But under a 2022 federal law, if your case involves sexual harassment or sexual assault and the dispute arose on or after March 3, 2022, you can choose not to be bound by a pre-dispute arbitration agreement for that case. Other agreements may be unenforceable for other reasons — have a lawyer review yours.

Will my employer find out I filed?

Yes. OHR serves a copy of the complaint on your employer, and a lawsuit must be served on every defendant. Retaliating against you for filing, testifying, or helping with an investigation is itself unlawful under the DCHRA — and is a separate claim.