DC Superior Court Civil Division decision: Kirby v DC FEMS

This is the court order reversing the Office of Human Rights decision concerning employment discrimination and retaliation against Kenda Kirby and remanding the case for further proceedings.

Donated in 2015, by Mindy A. Daniels, the legal counsel for petitioner Kenda Kirby.

A copy of this public record is available and stored with the Mindy A. Daniels collection. Kenda Kirby's then-address has been redacted from the file posted online.

Order reversing agency decision and remanding case Before the court is Kenda Kirby's Petition for Review of Agency Decision, filed October 25, 2005. Respondent District of Columbia Fire &amp; Emergency Medical Services Agency ("FEMS") filed a copy of the certified agency record with the court on March 14, 2006. Respondent filed its brief on the matter on December 20, 2006. Petitionier replied on January 29, 2007. At issue is a determination by the Office of Human Rights ("OHR") that there is no probable cause to believe that the Respondent subjected Petitioner to (1) a hostile work environment on the bases of of Petitionier's sexual orientation (lesbian), gender (female), and personal appearance (androgynous); (2) retaliation for engaging in a protected activity by lodging a complaint regarding the alleged hostility. Based on a review of Kirby's petition, FEMS's brief in opposition, Petitioner's reply, and the entire agency record, the court will <strong>REVERSE</strong> the OHR's determination of no probably cause and <strong>REMAND</strong> this case for further proceedings, for the reasons stated below.