Fair Employment Practices Law Summaries

9-2500District of Columbia, Fair Employment Practices Law Summaries

The District of Columbia's Human Rights Act generally prohibits employment discrimination in the District. The law is located in Division I, Title 2, Ch. 14, Unit A, Subchs. I --III of the District of Columbia Code Annotated. For full text, see Employment Practices Guide 9-20,025.01 et seq.

DEFINITIONS

"Age" means 18 years of age or older (Sec. 2-1401.02).

"Marital status" means the state of being married, in a domestic partnership, single, divorced, separated, or widowed and the usual conditions associated with those states, including pregnancy or parenthood (Sec. 2-1401.02, as amended by B. 1075 (Act No. 706, Law No. 309), L. 2003, effective April 8, 2005).

"Employee" means any individual employed by or seeking employment from an employer (Sec. 2-1401.02).

"Employer" means any person who, for compensation, employs an individual (except for the employer's parent, spouse, children or domestic servants engaged in work in and about the employer's household); any person acting in the interest of the employer, directly or indirectly; and any professional association (Sec. 2-1401.02).

"Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual having a record of such an impairment or being regarded as having such an impairment (Sec. 2-1401.02).

"Gender identity or expression" means a gender-related identity, appearance, expression, or behavior of an individual, regardless of the individual's assigned sex at birth (Sec. 2-1401.02, as amended by Act 220 (B. 389), L. 2005, effective March 8, 2006).

"Genetic information" means information about the presence of any gene, chromosome, protein, or certain metabolites that indicate or confirm that an individual or an individual's family member has a mutation or other genotype that is scientifically or medically believed to cause a disease, disorder, or syndrome, if the information is obtained from a genetic test (Sec. 2-1401.02, as amended by B. 52 (Act No. 648, Law No. 263), L. 2003, effective April 5, 2005).

"Genetic test" means an analysis of human chromosomes, genes, gene products, or genetic information that is used to identify the presence or absence of inherited or congenital alterations in genetic material that are associated with disease or illness. A genetic test shall not include a test for the presence of illegal drugs, routine physical measurements, or chemical, blood or urine analysis, unless conducted purposefully to obtain genetic information (Sec. 2-1401.02, as amended by B. 52 (Act No. 648, Law No. 263), L. 2003, effective April 5, 2005).

COVERAGE

Employers covered under the District of Columbia's Human Rights Act include any person who, for compensation, employs an individual (except for the employer's parent, spouse, children or domestic servants, engaged in work in and about the employer's household) or any person acting in the interest of that employer, directly or indirectly; and any professional association (Sec. 2-1401.02).

EXCEPTIONS

Bona fide seniority or employee benefit plan. --It is not an unlawful discriminatory practice for an employer to observe the conditions of a bona fide employee benefit system such as retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this law, except that no such employee seniority system or benefit plan shall excuse the failure to hire any individual (Sec. 2-1402.12).

Business necessity. --Any practice that has a discriminatory effect and that would otherwise be prohibited by this law will not be deemed unlawful if it can be established that such practice is not intentionally devised or operated to contravene the prohibitions of this law and can be justified by business necessity (Sec. 2-1401.03).

Religion. --It is not unlawful for a religious or political organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious or political organization, from limiting employment, or admission to or giving preference to persons of the same religion or political persuasion as is calculated by the organization to promote the religious or political principles for which it is established or maintained (Sec. 2-1401.03).

Genetic testing. --Nothing in the Human Rights Act shall prohibit an employer from seeking, obtaining, or using genetic information to determine the existence of a bona fide occupational qualification reasonably necessary for the normal operation of an employer's business or enterprise; provided, that the employee or applicant for employment provides, in writing, his or her informed consent, the genetic information is provided to the employee or applicant for employment in writing as soon as it is available, and the genetic information is not disclosed to any other person (Sec. 2-1401.03(e), as added by B. 52 (Act No. 648, Law No. 263), L. 2003, effective April 5, 2005).

Additionally, nothing in the Human Rights Act shall prohibit an employer from seeking, obtaining, or using genetic information about an employee to: (1) investigate a workers' compensation or disability compensation claim; or (2) determine an employee's susceptibility or level of exposure to potentially toxic substances in the workplace; provided, that the employee provides, in writing, his or her informed consent, and the genetic information is provided to the employee in writing as soon as it is available, and the genetic information is not disclosed to any other person (Sec. 2-1401.03(f), as added by B. 52 (Act No. 648, Law No. 263), L. 2003, effective April 5, 2005).

WHAT THE EMPLOYER MUST DO

Discrimination. --It is an unlawful discriminatory practice for an employer to do any of the following acts, wholly or partially for a discriminatory reason based upon the actual or perceived race, color, religion, national origin, sex (including pregnancy, childbirth, or related medical conditions), age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation of any individual (Sec. 2-1401.05; and Sec. 2-1402.11, as amended by Act 220 (B. 389), L. 2005, effective March 8, 2006):

(1) to fail or refuse to hire, or to discharge, any individual, with respect to his or her compensation, terms, conditions, or privileges of employment, including promotion; or to limit, segregate, or classify its employees in any way that would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his or her status as an employee;

(2) to discriminate against any individual in admission to or the employment in, any program established to provide apprenticeship or other training or retraining, including an on-the-job training program;

(3) to print or publish, or cause to be printed or published, any notice or advertisement, or use any publication form, relating to employment by such an employer, unlawfully indicating any preference, limitation, specification, or distinction, based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, matriculation, genetic information, disability, or political affiliation of any individual;

(4) to request or require a genetic test of, or administer a genetic test to, any individual as a condition of employment or application for employment, or to seek to obtain, obtain, or use genetic information of an employee or applicant for employment.

Religion. --It is also an unlawful discriminatory practice for an employer to refuse to make a reasonable accommodation for an employee's religious observance by permitting the employee to make up work time lost due to such observance, unless such an accommodation would cause the employer undue hardship. An accommodation would cause an employer undue hardship when it would cause an employer to incur more than de minimis costs (Sec. 2-1402.11).

Such an accommodation may be made by permitting the employee to work (Sec. 2-1402.11):

(1) during the employee's scheduled lunch time or other work breaks;

(2) before or after the employee's usual working hours;

(3) outside of the employer's normal business hours;

(4) during the employee's paid vacation days;

(5) during another employee's working hours as part of a voluntary swap with such other employee; or

(6) in any other manner that is mutually agreeable to the employer and employee.

When an employee's request for a particular form of accommodation would cause undue hardship to the employer, the employer shall reasonably accommodate the employee in a manner that does not cause undue hardship to the employer. Where other means of accommodation would cause undue hardship to the employer, an employee must have the option of taking leave without pay if granting leave without pay would not cause undue hardship to the employer (Sec. 2-1402.11).

An employee must notify the employer of the need for an accommodation at least 10 working days prior to the day or days for which the accommodation is needed, unless the need for the accommodation cannot reasonably be foreseen (Sec. 2-1402.11).

In any proceeding brought under this section, the employer has the burden of establishing that it would be unable reasonably to accommodate an employee's religious observance without incurring an undue hardship, provided, however, that in the case of an employer that employs more than five but fewer than 15 full-time employees, or where accommodation of an employee's observance of a religious practice would require the employee to take more than three consecutive days off from work, the employee has the burden of establishing that the employer could reasonably accommodate the employee's religious observance without incurring an undue hardship; and provided further, that it shall be considered an undue hardship if an employer would be required to pay any additional compensation to an employee by reason of an accommodation for an employee's religious observance. The mere assumption that other employees with the same religious beliefs might also request accommodation shall not be considered evidence of undue hardship. An employer that employs five or fewer full-time employees shall be exempt from the provisions of this subsection (Sec. 2-1402.11).

Public employees. --Each agency must make reasonable accommodations for the free exercise of religion by its employees, and may adjust work schedules unless such adjustment would result in a substantial disruption of District business (Sec. 1-607.01).

If an employee's religious beliefs require the employee to take time off from work during certain periods of the workday or workweek, the employee may elect to make up the time off, rather than to charge the time off to leave (Sec. 1-607.01).

An employee who makes an election as described just above, if the need to take time off is foreseeable, request an adjustment of his or work schedule and obtain supervisory approval of the adjustment at least 10 days before taking time off from work. A request to adjust a work schedule may be disapproved if it is demonstrated that the adjustment would clearly interfere with the efficient conduct of the activities of the entity of the District government for which the employee works (Sec. 1-607.01).

Notice of an employee's opportunity to obtain a religious accommodation shall be provided to the employee at the time the employee accepts appointment with the District government (Sec. 1-607.01).

Nothing in this section shall be construed to limit the use of other forms of leave authorized by the District government or to require a supervisor to allow an employee the opportunity to work more than 40 hours in a given week to make up for the time taken off for the religious accommodation (Sec. 1-607.01).

Retaliation. --It is an unlawful discriminatory practice to coerce, threaten, retaliate against, or interfere with any person in the 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 (Sec. 2-1402.61).

It is an unlawful discriminatory practice for any person to require, request, or suggest that a person retaliate against, interfere with, intimidate or discriminate against a person, because that person has opposed any practice made unlawful by this chapter, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing authorized under this law (Sec. 2-1402.61).

It is an unlawful discriminatory practice for any person to cause or coerce, or attempt to cause or coerce, directly or indirectly, any person to prevent any person from complying with this law (Sec. 2-1402.61).

Falsifying information. --It is unlawful to willfully falsify documents, records, or reports, which are required or subpoenaed pursuant to this law, or willfully to falsify testimony, or to intimidate any witness or complainant (Sec. 2-1402.65).

Equal pay. --Government employees are entitled to equal pay without regard to sex or race (District of Columbia Code Annotated, Div. V, Title 32, Ch. 6, Secs. 32-601 --32-606).

NOTICE

Every person subject to this chapter must post and keep posted in a conspicuous location where business or activity is customarily conducted or negotiated, a notice whose language and form has been prepared by the District of Columbia Office of Human Rights, setting forth excerpts from or summaries of, the pertinent provisions of this chapter and information pertinent to the filing of a complaint (Sec. 2-1402.51). See 9-9900 .

ENFORCEMENT

Charge. --A person aggrieved by an alleged unlawful employment practice may file a charge with District of Columbia Human Rights Commission within one year of the occurrence or its discovery (Sec. 2-1403.04).

WHO TO CONTACT

Contact the District of Columbia Commission on Human Rights, Second Floor, One Judiciary Square, 441 4th Street, NW, Room 290 North, Washington, DC 20001. Telephone: (202) 727-0656. Fax: (202) 727-3781.

RECORDKEEPING

Employers must preserve any regularly kept business records for a period of six months from the date of the making of the record, or from the date of the action that is the subject of the record, whichever is longer; such records shall include, but not be limited to, application forms submitted by applicants, sales and rental records, credit and reference reports, personnel records, and any other record pertaining to the status of an individual's enjoyment of the rights and privileges protected or granted under this chapter (Sec. 2-1402.52).

POSTING