District of Columbia Sexual Harassment laws & HR compliance analysis

District of Columbia Sexual Harassment: What you need to know

The District of Columbia Human Rights Act prohibits employment discrimination based on sex (including pregnancy, childbirth, related medical conditions, breastfeeding, or reproductive health disorders), marital status, family responsibilities, sexual orientation, and gender identity or expression (DC Code Sec. 2-1402.11). Discrimination based on sex includes sexual harassment.
"Sexual orientation" includes homosexuality, heterosexuality, and bisexuality, by preference or practice.
"Gender identity or expression" is a person's gender-related identity, appearance, expression, or behavior, regardless of the person's assigned sex at birth (DC Code Sec. 2-1401.02).
The Act applies to all employers in the District.
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Tipped employees. Effective October 30, 2020, the Tipped Wage Workers Fairness Amendment Act of 2018 requires employers of tipped employees to provide harassment prevention training to all employees (DC Code Sec. 2-1411.05a). Note: The law has been in effect since December 31, 2018, but its implementation was conditioned on funding that was not provided in subsequent budgets. In August 2020, a new law repealed the funding requirement, allowing the law to be implemented effective October 30, 2020.
The training must be developed by the D.C. Office of Human Rights (OHR) or presented by an OHR-certified provider. The training must include how to respond to, intervene in, and prevent sexual harassment by coworkers, management, and patrons.
Training frequency. Employees must receive training within 2 years after the training requirement takes effect. New employees must receive training within 90 days of employment unless they have received training within the past 2 years. Owners, operators, and ...

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