Comment
[1] This provision is modeled after the D.C. Human
Rights Act, D.C. Code § 2-1402.11 (2001), though in some respects
is more limited in scope. There are also provisions of federal law that
contain certain prohibitions on discrimination in employment. The Rule
is not intended to create ethical obligations that exceed those imposed
on a lawyer by applicable law.
[2] The investigation and adjudication of discrimination
claims may involve particular expertise of the kind found within the
D.C. Office of Human Rights and the federal Equal Employment Opportunity
Commission. Such experience may involve, among other things, methods
of analysis of statistical data regarding discrimination claims. These
agencies also have, in appropriate circumstances, the power to award
remedies to the victims of discrimination, such as reinstatement or
back pay, which extend beyond the remedies that are available through
the disciplinary process. Remedies available through the disciplinary
process include such sanctions as disbarment, suspension, censure, and
admonition, but do not extend to monetary awards or other remedies that
could alter the employment status to take into account the impact of
prior acts of discrimination.
[3] If proceedings are pending before other organizations,
such as the D.C. Office of Human Rights or the Equal Employment Opportunity
Commission, the processing of complaints by Bar Counsel may be deferred
or abated where there is substantial similarity between the complaint
filed with Bar Counsel and material allegations involved in such other
proceedings. See §19(d) of Rule XI of the Rules Governing
the District of Columbia Bar.
