Disability discrimination - District of Columbia

Summary of differences between federal and state regulations

Employer defined

“Employer” means any person who, for compensation, employs an individual; any person acting in the interest of such employer, directly or indirectly; and any professional association. “Employer” does not include the employer’s parent, spouse, children or domestic servants, engaged in work in and about the employer’s household.

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, as well as the exemptions, are similar to those covered by the federal Americans with Disabilities Act. Except as otherwise provided, the District of Columbia has adopted and incorporated by reference the U.S. Equal Employment Opportunity Commission (EEOC) provisions in 29 CFR § 1613.701 et seq. These concern disability discrimination in the federal government.

Any practice which has a discriminatory effect is not unlawful if it is not intentionally devised or operated to disregard the prohibitions and can be justified by business necessity. A business necessity exception is applicable only in each individual case where it can be proved that business cannot be conducted. A business necessity exception cannot be justified by:

• increased cost to business,
• business efficiency,
• the comparative characteristics of one group as opposed to another,
• the stereotyped characterization of one group as opposed to another, or
• the preferences of co-workers, employers, customers, or any other person.

Where general characteristics of a physical condition would disqualify an applicant for a job (for example, an applicant with a minor visual impairment or history of seizures for a driver position) the employer must determine if the individual’s specific condition prohibits him or her from meeting a necessary standard for safety or job performance.

If health and insurance benefits are provided to employees for some physical handicaps, they must be provided for all physical handicaps having a similar anticipated cost. This does not prevent exclusions based on the cost of service to the individual, but it does prevent exclusions based on the number of individuals to be serviced.

Excessive absenteeism, even if caused by injury or illness, may be grounds for termination if it interferes significantly with or causes an undue hardship upon the performance of duty.

The use of non-discriminatory selection procedures does not relieve employers, unions, or employment agencies of other legal obligations to take positive action in affording employment and training to physically handicapped persons.

Where an employee’s specific physical or mental handicap precludes the normal operation of a business or activity in already existing structures, reasonable accommodation must be made where possible through modifications in job description or design and physical renovation. In determining whether a structural change or job redesign is a reasonable requirement, the Office of Human Rights will consider factors such as the following:

• The nature and cost of the change;
• The number of people who stand to benefit by the change (reasonably expected number of handicapped persons who could be employed if the accommodation were made as well as able-bodied persons who could also benefit);
• Benefits or detriments resulting from the change with regard to type, composition, and structure of the employer and facility in use; and
• In all commercial construction, when new construction, substantial modification or remodeling, major redesign, etc., occurs, whether the employer undertaking such structural change should provide for lack of physical barriers accessibility.

Employers must retain employees who have become physically handicapped while on the job so long as reasonable accommodation can be made.

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 of 1964 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:

• 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 the Human Rights Act.

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 D.C. Protecting Pregnant Workers Fairness act of 2014 also provides for reasonable accommodations when employees cannot perform their job functions because of pregnancy, childbirth, a related medical condition, or breastfeeding. For more information, see the Pregnancy Discrimination topic.

State

Contact

Office of Human Rights

Regulations

Human Rights Act of 1977, Title 2, Chapter 14 - Human Rights

District of Columbia Municipal Regulations, Title 4, Chapter 5, Employment Guidelines

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

Americans With Disabilities Act

29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act