Issues & Trends
Refresher Course on D.C. Anti-Discrimination Laws Covers COVID Updates
February 04, 2022
In the District of Columbia, employment rights pertaining to hiring, leave, and dismissal are also human rights, within the purview of the D.C. Office of Human Rights (OHR), and it’s incumbent upon attorneys to stay up to date with laws and regulations that have been added relating to the COVID-19 pandemic.
At a recent CLE course on D.C. anti-discrimination laws in employment, OHR interim director Hnin Khaing said D.C. employment laws are more expansive than corresponding federal law in terms of rights. “Many of the practitioners may be fully aware of federal law, such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, [and] the Americans with Disabilities Act as amended, but there are distinctions regarding the D.C. laws and also different processes and remedies, including civil penalties,” Khaing said.
During her presentation, Khaing covered the three main categories of employment human rights law in the District: anti-discrimination, leave, and compliance. The D.C. Human Rights Act (DCHRA), the Unemployed Anti-Discrimination Act, and the Protecting Pregnant Workers Fairness Act fall under anti-discrimination, with the DCHRA matching up most closely with Title VII.
Enacted in 1977, the DCHRA created OHR and the adjudicatory Commission on Human Rights and has enforcement sections on education, housing, public accommodations, government services, and employment.
Khaing emphasized the following points to attendees:
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The DCHRA also has unique protections for victims of domestic violence, sexual offense, and stalking (DVSOS) pursuant to an October 1, 2019, amendment. Under the amended act, employers are prohibited from taking adverse action against an employee because of their or their family member’s DVSOS situation.
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Employers are also mandated, absent undue hardship, to provide those employees reasonable accommodations such as a safe office space, modified work schedule, and a new work email address and phone number.
- Disparate treatment and impact, hostile work environment, coercion, interference, and retaliation are overarching violations of the DCHRA, and backpay, reinstatement, compensatory damages, and award of attorney’s fees (but not for government cases) are among the remedies.
- Unlike Title VII, which mandates that claimants exhaust administrative remedies before going to court, the DCHRA provides employees the option to either file a discrimination complaint with OHR or pursue civil action in court.
The Protecting Pregnant Workers Fairness Act affords employees the same options for filing claims. In contrast, the Unemployed Anti-Discrimination Act, which prohibits employers from discriminating against an applicant who is unemployed, directs only a filing with OHR.
On the DC Family Medical Leave Act (DCFMLA), Khaing called attention to a 2021 amendment made by the D.C. Council pertaining to COVID-related leave. Effective November 5, 2021, the amended act adds “a third bucket” of 16 weeks of unpaid leave for reasons specific to COVID, such as when an employee has tested positive and must quarantine, to care for a family member who is quarantining, or to care for a child whose school is closed or whose childcare provider is unavailable due to COVID. In addition to the temporary COVID leave changes, District employees are entitled to 16 weeks of unpaid family leave and 16 weeks of unpaid medical leave for a 24-month cycle under the DCFMLA.
Khaing also discussed the D.C. Tipped Wage Workers Fairness Act and the Fair Criminal Record Screening Amendment Act. The latter focuses on ensuring the rights of previously incarcerated individuals as they reintegrate into society. Colloquially known as the Ban the Box law, the act prohibits unlawful screening of a job applicant’s criminal background. “We want to be able to permit returning citizens to obtain gainful employment,” Khaing said. “The Fair Criminal Record Screening Amendment Act helps to ensure that we remove those barriers.”
Khaing said part of her effort to further the mission of OHR and to end discrimination is to “educate the public about the laws in D.C. that are in existence so that we can ensure that they are not broken.”
