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Employer defined
“Employer” means any person who, for compensation, employs an individual, except for:
Unlawful employment practices
The District of Columbia has enacted the Human Rights Act, which is substantially similar to Title VII of the Civil Rights Act of 1964. The unlawful employment practices and exemptions are similar to those in the federal Pregnancy Discrimination Act.
Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance policies or sick leave plans, formal or informal, must be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities. Sick leave plans can not exclude illness connected with pregnancy.
Posting
Every person subject to the Human Rights Act must post and keep posted in a conspicuous location where business or activity is customarily conducted a notice whose language and form has been prepared by the Office of Human Rights, setting forth summaries of the pertinent provisions and information on filing a complaint.
Recordkeeping
Employers, employment agencies, and labor organizations, subject to the Human Rights Act and Title VII of the Civil Rights Act must to furnish to the Office of Human Rights all reports that may be required by the EEOC.
Every person subject to the Human Rights Act must preserve any regularly kept business records for six months from the date of the making of the record, or from the date of the action which is the subject of the record, whichever is longer. The records must include, but are not limited to:
Where a charge of discrimination has been filed, the respondent must preserve all records which may be relevant to the charge or action until a final disposition of the charge.
The law applies to all employers in D.C. regardless of size. Employers must provide reasonable accommodations for employees whose ability to perform the functions of her job is limited by pregnancy, childbirth, a related medical condition, breastfeeding, or reproductive health decisions.
A reasonable accommodation could include the following:
Employers need not provide an accommodation that would pose an undue hardship. An undue hardship is any action that requires significant difficulty in the operation of the employer’s business or significant expense on the behalf of the employer when considered in relation to factors such as the size of the business, its financial resources, and the nature and structure of its operation. The employer would have the burden of establishing an undue hardship defense.
Employers need to engage in good faith in a timely and interactive process with an employee requesting or otherwise needing a reasonable accommodation to determine an accommodation for the employee.
Employers may require an employee to provide a certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation to the same extent one is required for other temporary disabilities. The certification is to include the following:
Employers need to post a notice of rights related to this law in both English and Spanish. They also need to provide a written copy of notice to new employees and to employees who notify the employee of pregnancy or other covered condition within 10 days. Existing employees need to be provided a notice within 120 days after the act’s effective date.
Contact
Department of Employment Services
Regulations
Human Rights Act of 1977, Title 2, Chapter 14 - Human Rights
District of Columbia Municipal Regulations, Title 4, Chapter 4-5, Employment Guidelines
Protecting Pregnant Workers Fairness Act, Act 20-458, D.C. Code Chapter 12A - Reasonable Accommodations for Pregnant and Nursing Workers
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)