Significant Moments: No End To Litigation

Discussing the board meeting at which he was fired, . . .
Amanda Vaill, Seduction on Trial.
. . . Masson said . . .
Albert Camus, The Stranger.
. . . that Eissler pressured him not to retaliate and "poison Anna Freud's last days," but instead to "live with . . .
Amanda Vaill, Seduction on Trial.
. . . the dismissal . . .
Albert Camus, The Stranger.
. . . in silence . . . because it is the honorable thing to do."
Amanda Vaill, Seduction on Trial.
Otherwise . . .
Albert Camus, The Stranger.
. . . said Eissler . . .
J. Moussaieff Masson, Final Analysis.
. . . there would be no end to litigation.
Albert Camus, The Stranger.
At which Masson, according to . . .
Amanda Vaill, Seduction on Trial.
. . . the press . . .
Albert Camus, The Stranger.
. . . commented, "Well, he had the wrong man."
Amanda Vaill, Seduction on Trial.

Freedman v. D.C. Dept. Human Rights, D.C.C.A. 96-CV-961 (Sept. 1, 1998).

I. STATEMENT OF JURISDICTION

In that this is an appeal from an order of the Superior Court of the District of Columbia affirming a prior determination of no probable cause made by the District of Columbia Department of Human Rights, this Court has jurisdiction over same per D.C. Code Ann. 11-721(a)(1). Timus v. Dept. of Human Rights, 633 A.2d 751, 761 (D.C. 1993).

A prior Petition for Review of this matter filed in the District of Columbia Court of Appeals was dismissed by order of the Court for lack of jurisdiction, without prejudice to the timely filing of an appropriate civil action in the Superior Court, per Simpson v. District of Columbia Office of Human Rights, 597 A.2d 392, 400-402 (D.C. 1991). Freedman v. District of Columbia Department of Human Rights, no. 93-AA-1342 (D.C., Jan. 10, 1995) (memorandum opinion and judgment) (as amended per order, Sept. 20, 1995).

IV. STATEMENT OF THE CASE

A. Form of Action

Appellant, Gary Freedman, filed a charge of discrimination based on sexual orientation (homosexual) with Respondent, District of Columbia Department of Human Rights and Minority Business Development (DHR), on February 4, 1992 against his former employer, the law firm of Akin, Gump, Strauss, Hauer & Feld ("the employer" or "the firm") [Agency Record 169-170] [hereinafter cited as Rec.]. Appellant charged that the employer subjected him to unfair terms and conditions of employment based on his sexual orientation by harassing him and terminating his employment in violation of the District of Columbia Human Rights Act of 1977, as amended, D.C. Code Ann. 1-2501, et seq. (Repl. Vol. 1992) ("the Act") [Rec. 169-170].

The employer filed a Response to Interrogatories and Document Request in this matter, dated May 22, 1992 [Rec. 131-167], to which Petitioner filed a Reply, dated January 5, 1993 [Rec. 239-462]; the employer filed a Response to Additional Interrogatories and Request for Documents, dated May 17, 1993 [Rec. 122-129].

DHR issued a no probable cause determination (Letter of Determination) on June 30, 1993 [Rec. 11-20]. Appellant's Application for Reconsideration was filed on July 27, 1993 [Rec. 21-67). DHR's Determination on Reconsideration [Rec. 1-9], issued September 24, 1993, affirmed and incorporated DHR's no probable cause determination (issued June 30, 1993), and was final agency action.

DHR determined that appellant did not present sufficient evidence to support his allegations of disparate treatment because of sexual orientation [Rec. 19-20].

Appellant's petition for review and motion to proceed on appeal in forma pauperis were granted by order of the District of Columbia Court of Appeals, dated December 22, 1993. The petition was argued before the Court of Appeals on October 13, 1994 by appellant pro se; appellee declined to file a brief per "Statement in Lieu of Brief," filed March 4, 1994. The petition for review was dismissed by judgment of the Court of Appeals for lack of jurisdiction, without prejudice to the timely filing of an appropriate civil action in the Superior Court, per Simpson v. District of Columbia Office of Human Rights, 597 A.2d 392, 400-402 (D.C. 1991) (before John M. Ferren and Terry, Judges, and Mack, Senior Judge). Freedman v. District of Columbia Department of Human Rights, no. 93-AA-1342 (D.C., Jan. 10, 1995) (memorandum opinion and judgment) (as amended per order, Sept. 20, 1995).

Appellant thereafter filed in the Superior Court of the District of Columbia, on October 10, 1995, a Petition for Review of Agency Decision, pursuant to Agency Review Rule 1 (i.e., Superior Court review of agency orders pursuant to D.C. Code 1981, Title 1, Ch. 6) [Sup. Ct. Rec. 2-30]. The Superior Court affirmed DHR's no probable cause finding, by order dated June 10, 1996 (Superior Court no. MPA 95-14) [Sup. Ct. Rec. 35-40]. Appellant filed in Superior Court a notice of appeal on July 2, 1996 [Sup. Ct. Rec. 41].

Following several preliminary orders issued by the District of Columbia Court of Appeals, the docketing statement, designation of record [Sup. Ct. Rec. 42] and statement regarding transcript [Sup. Ct. Rec. 43] in the instant appeal were late-filed by order of this Court on November 22, 1996, and a briefing schedule was filed by order of this Court on March 31, 1997: whereupon this brief is filed this 12th day of May, 1997, per the extension of time provision of D.C. App. R. 26(a).