Firing Claims
NOTE: The District of Columbia Human Rights Act (DCHRA) allows a woman to file a complaint with the D.C. Office of Human Rights (DCOHR) or pursue a private lawsuit. You can assume that the explanation of the DCHRA is the same regardless of which procedure you choose, except where it is noted that they differ. I think I was fired because I'm a woman, how do I prove it? To prove a claim for discriminatory discharge under the DCHRA you must show all of the following:
(1) you belonged to a protected class;
(2) you were qualified for the job that you were fired from;
(3) you were fired despite your employment qualifications; and
(4) you were fired because you are a woman. Are women a "protected class"? Yes, women are considered a protected class because of the history of discrimination against them. A statutorily protected class, such as women, is one that benefits from the protection of federal, state, and/or local anti-discrimination laws. The DCHRA protects women against employment discrimination. How do I show that my legally protected class led to my discharge? You must show either that a man replaced you or your employer is still taking applications for your position, or that other employees in similar circumstances were not fired. I've just received a warning from my employer, and I suspect I will be fired soon. What should I do? If you receive a warning from your employer, your first instinct may be to panic or even become angry. Depending on the circumstances, you should remain calm, especially since your employer may continue monitoring your work. Generally, you should begin gathering information: clarify the warning if necessary by asking your employer, get a copy of company policy on warnings/dismissals to ensure that your employer is following its own policies, talk to trusted co-workers to see if they have any insights into what they have observed in the workplace, keep track of the date/time of interactions with your employer as well as any documents that may be relevant, and, most importantly, consider whether the warning may have something to do with sex discrimination or complaining about sex discrimination. Ask yourself if your employer's warning comes on the heels of your confronting the company about sex discrimination. If so, there may be more to the warning than meets the eye. What can I do to protect any legal rights I might have before leaving my job? The easiest way to protect your legal rights before leaving your job is to document everything. Even if you initially feel as if your firing was not retaliatory or discriminatory, cover all of your bases by asking for the termination letter in writing, and saving all written warning letters. To aid in any potential claims you may have against your employer, document the dates of any decisions or actions affecting your employment, including salary or benefit increases/decreases, recommendations, and reprimands. I am being forced to leave my job. But before I go, my employer requires that I sign a document promising not to sue. Is that legal? It is not illegal for your employer to get you to sign a waiver of your right to sue as part of a severance agreement. Be conscious that you are taking a risk if you sign a waiver, as they are generally enforceable. If you have any doubts about your employer's reasons for firing you, especially if you think your employer may be retaliating or discriminating against you, you should consult with an attorney before signing anything. What could my employer do to deny my allegations, and how do I respond to their denials? Your employer can say nothing, but it will most likely try to show that there is a legitimate, nondiscriminatory reason for the treatment. For example, it could claim that you were fired because you were unable to perform your job functions. To counter its response, you will need to persuade the trier of fact (i.e., the D.C. Commission on Human Rights, judge or jury) that your employer's reason is a pretext or a cover-up and that sex discrimination was the true reason. Does it matter when the discrimination occurred? To come under the protections of the DCHRA you must file a complaint within one year of the unlawful discrimination. To learn more about how to file a complaint with the DCOHR or a private lawsuit in a D.C. court, visit What Does the Law Say? If I prove my wrongful termination claim, what kind of remedies am I entitled to? You may be entitled to equitable relief, which is non-monetary relief intended to make you whole again, including but not limited to injunctive relief to correct your employer's discriminatory practices or reinstatement to any position that you lost as a result of discrimination. Additionally, you may be able to recover monetary relief, such as back pay to compensate you for lost earnings and front pay to compensate for a pay differential resulting from discrimination. To learn more about the remedies that you may be entitled to under the DCHRA, visit Remedies Return to Types of DiscriminationReturn to D.C. Law PageLegal GlossaryReturn to States
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