Private right of action

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*NOTE: This section was created by temporary legislation that will expire on December 24, 2021.*

(a) An employee who has suffered an adverse employment action prohibited pursuant to § 32-141.03 may bring a civil action in the Superior Court of the District of Columbia within one year after the alleged violation and, upon prevailing, shall be entitled to the following relief:

(1) Reasonable attorneys' fees and costs;

(2) The payment of lost wages and benefits;

(3) Equitable relief as may be appropriate; and

(4) Punitive damages, if the employee's injuries were caused by the employer's wanton or reckless disregard for the safety of the affected employee.

(b) An employee need not exhaust administrative remedies before bringing suit pursuant to this section.

(May 13, 2021, D.C. Law 24-6, § 106, 68 DCR 003198.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 106 of Workplace Safety During the COVID-19 Pandemic Emergency Amendment Act of 2021 (D.C. Act 24-26, Feb. 26, 2021, 68 DCR 002616).

For temporary (90 days) creation of this section, see § 106 of Protecting Businesses and Workers from COVID-19 Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-7, Feb. 1, 2021, 68 DCR 001822).

For temporary (90 days) creation of this section, see § 106 of Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020 (D.C. Act 23-384, Aug. 13, 2020, 67 DCR 9870).

Temporary Legislation

For temporary (225 days) creation of this section, see § 106 of Workplace Safety During the COVID-19 Pandemic Temporary Amendment Act of 2021 (D.C. Law 24-6, May 13, 2021, 68 DCR 003198).


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