DC Superior Court Civil Division decision: Kirby v DC FEMS

Title

DC Superior Court Civil Division decision: Kirby v DC FEMS

Alternative Title

Kenda Kirby, Petitioner, vs. District of Columbia Fire & Emergency Medical Services Agency, et. al., Respondents.
Calendar 6; Judge Alpern
Case No.: 2005 CA 008805 P(MPA)

Subject

Kenda Kirby
District of Columbia Fire & Emergency Medical Services Agency, et. al.
District of Columbia Office of Human Rights
Employment discrimination

Description

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.

Creator

Geoffrey M. Alpern, Associate Judge

Date

3 April 2007

Rights

Reproduction and use of this material requires permission from the copyright holder. Please contact the Rainbow History Project for more information.

Provenance

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

Text

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 & 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 REVERSE the OHR's determination of no probably cause and REMAND this case for further proceedings, for the reasons stated below.

Original Format

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.

Files

kirby v dc femsa redacted.pdf

Citation

Geoffrey M. Alpern, Associate Judge, “DC Superior Court Civil Division decision: Kirby v DC FEMS,” Rainbow History Project Digital Collections, accessed September 24, 2017, http://rainbowhistory.omeka.net/items/show/4939257.

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