Washington D.C. Whistleblower Protections

(3) “Employee” means any person who is a former or current District employee, or an applicant for employment by the District government, including but not limited to employees of subordinate agencies, independent agencies, the District of Columbia Board of Education, the Board of Trustees of the University of the District of Columbia, the District of Columbia Housing Authority, and the Metropolitan Police Department, but excluding employees of the Council of the District of Columbia.

D.C. Code § 1-615.52

(6) “Protected disclosure” means any disclosure of information, not specifically prohibited by statute, without restriction to time, place, form, motive, context, forum, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee’s duties by an employee to a supervisor or a public body that the employee reasonably believes evidences:

• (A) Gross mismanagement;
• (B) Gross misuse or waste of public resources or funds;
• (C) Abuse of authority in connection with the administration of a public program or the execution of a public contract;
• (D) A violation of a federal, state, or local law, rule, or regulation, or of a term of a contract between the District government and a District government contractor which is not of a merely technical or minimal nature; or
• (E) A substantial and specific danger to the public health and safety.

D.C. Code § 1-615.52

(d) An employee who prevails in a civil action at the trial level, shall be granted the equitable relief provided in the decision effective upon the date of the decision, absent a stay.

(e)(1) If a protected disclosure assists in securing the right to recover, the actual recovery of, or the prevention of loss of more than $100,000 in public funds, the Mayor may pay a reward in any amount between $5,000 and $50,000 to the person who made the protected disclosure; provided, that any reward shall be recommended by the Inspector General, the District of Columbia Auditor, or other similar law enforcement authority.

D.C. Code § 1-615.54

D.C. Code §§ 2-308.13 through 2-308.21.

“[A]ny employee, contractor, or agent.” D.C. Code § 2-381.04(a)

“lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this subchapter or other efforts to stop one or more violations of this subchapter.” D.C. Code § 2-381.04(a)

These violations in this subchapter include:

• Any person who commits any of the following acts shall be liable to the District for 3 times the amount of damages which the District sustains because of the act of that person. A person who commits any of the following acts shall also be liable to the District for the costs of a civil action brought to recover penalties or damages, and shall be liable to the District for a civil penalty of not less than $5,500, and not more than $11,000, for each false or fraudulent claim for which the person:

(1) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;

(2) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;

(3) Has possession, custody, or control of property or money used, or to be used, by the District and knowingly delivers, or causes to be delivered, less than all of that money or property;

(4) Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the District and, intending to defraud the District, makes or delivers the receipt without completely knowing that the information on the receipt is true;

(5) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the District who lawfully may not sell or pledge property;

(6) Knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the District, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the District;

(7) Conspires to commit a violation of paragraph (1), (2), (3), (4), (5), or (6) of this subsection;

(8) Is a beneficiary of an inadvertent submission of a false or fraudulent claim to the District, subsequently discovers the falsity of the claim, and fails to disclose the false or fraudulent claim to the District; or

(9) Is the beneficiary of an inadvertent payment or overpayment by the District of monies not due and knowingly fails to repay the inadvertent payment or overpayment to the District.

D.C. Code § 2-381.02

(b) The relief authorized under subsection (a) of this section shall include:

(1) Reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination;

(2) Two times the amount of back pay;

(3) Interest on the back pay; and

(4) Compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees.

D.C. Code § 2-381.04

D.C. Code § 2-223.01 et seq.

(3) “Employee” means:

(A) Any person who is a former or current employee of or an applicant for employment by an instrumentality of the District government not covered by Chapter 6 of Title 1;

(B) Any person who is a former or current employee of any entity that has a contract with the District government to supply goods or services and who is engaged in performing such contract; or

(C) Any person who is a security officer and is or was employed in that capacity by a person who or entity that provides security services.

D.C. Code § 2-223.01

(7) “Protected disclosure” means any disclosure of information, not specifically prohibited by statute, by an employee to a supervisor or to a public body that the employee reasonably believes evidences:

(A) Gross mismanagement in connection with the administration of a public program or the execution of a public contract;

(B) Gross misuse or waste of public resources or funds;

(C) Abuse of authority in connection with the administration of a public program or the execution of a public contract;

(D) A violation of a federal, state, or local law, rule, or regulation, or of a term of a contract between the District government and a District government contractor which is not of a merely technical or minimal nature; or

(E) A substantial and specific danger to the public health and safety.

D.C. Code § 2-223.01

(a) An employee aggrieved by a violation of § 2-223.02 may bring a civil action before a court or a jury in the Superior Court of the District of Columbia seeking relief and damages, including but not limited to injunction, reinstatement to the same position held before the prohibited personnel action or to an equivalent position, and reinstatement of the employee’s seniority rights, restoration of lost benefits, back pay and interest on back pay, compensatory damages, reasonable costs, and attorney fees. A civil action shall be filed within 3 years after a violation occurs or within one year after the employee first becomes aware of the violation, whichever occurs first.

(a-1) A government contractor aggrieved by a violation of § 2-223.02(b) may bring a civil action before a court or a jury in the Superior Court of the District of Columbia seeking relief and damages, including an injunction, compensatory damages, reasonable costs, and attorney fees. A civil action shall be filed within 2 years after a violation occurs or within one year after the contractor first becomes aware of the violation, whichever occurs first.

D.C. Code § 2-223.03

D.C. Code § 2-1401 et. seq.

(9) “Employee” means any individual employed by or seeking employment from an employer; provided, that the term “employee” shall include an unpaid intern.

D.C. Code § 2-1401.02

“exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this chapter.”

D.C. Code § 2-1402.61

These rights include freedom from discrimination for any reason other than individual merit, including, but not limited to, “discrimination by reason of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, and place of residence or business.”

D.C. Code § 2-1401.01

Remedies include:

(A) The hiring, reinstatement or upgrading of employees, with or without back pay;

(B) The restoration to the membership in any respondent labor organization, admission to or participation in a program, apprenticeship training program, on-the-job training program or other occupational training or retraining program;

(C) The extension of full, equal and unsegregated accommodations, advantages, facilities and privileges to all persons;

(D) The payment of compensatory damages to the person aggrieved by such practice;

(E) The payment of reasonable attorney fees;

(E-1) The payment of civil penalties, which shall be deposited in the General Fund, according to the following schedule:

(i) In an amount not to exceed $10,000 if the respondent has not been adjudged to have committed any prior unlawful discriminatory practice;

(ii) In an amount not to exceed $25,000 if the respondent has been adjudged to have committed 1 other unlawful discriminatory practice during the 5-year period ending on the date of the filing of this charge; and

(iii) In an amount not to exceed $50,000 if the respondent has been adjudged to have committed 2 or more unlawful discriminatory practices during the 7-year period ending on the date of the filing of this charge; and

(F) The payment of hearing costs, as, in the judgment of the Commission, will effectuate the purposes of this chapter, and including a requirement for a report as to the manner of compliance with such decision and order.

(2) With regard to compensatory damages, civil penalties, and attorneys fees, the Commission shall develop guidelines which shall be submitted to the Council for review prior to implementation.

D.C. Code § 2-1403.13(a)(1)

Yes

Yes – the D.C. Court of Appeals.

Carl v. Children’s Hosp., 702 A.2d 159 (D.C. 1997)

Employee’s refusal to violate the law, as expressed in a statute or municipal regulation.

Reinstatement, front pay, back pay, compensatory damages, and punitive damages. There is no statutory basis upon which to seek to recover attorneys’ fees.