['Discrimination']
['Equal Pay Act']
07/17/2024
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Summary of differences between federal and state regulations
Employer defined
“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 such employer, directly or indirectly; and
- any professional association.
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 Equal Pay Act. The District of Columbia covers all protected classes (based on race, color, religion, disability, etc.) in addition to gender.
“Compensation” is defined as all types and methods of pay including wages, uniforms, overtime pay, paid vacations and holidays, paid leaves of absence (except as otherwise provided), paid lunch periods, and paid rest or coffee breaks. Commissions, draws, advances, and guarantees are also compensation. Insurance, retirement, and benefit plans are considered a form of compensation if an employer contributes to them. To justify a differential in compensation, an employer must have a non-discriminatory basis.
The Office of Human Rights will determine whether discrimination exists by weighing the type of job and the skill, effort, and responsibility involved in performing the job.
If an employer contributes to an employee benefit plan, the employer must furnish equal benefits for all protected classes even if the employer’s contribution is greater for one class than for another. Employees in protected classes can not be required to make greater contributions to receive equal benefits. If family insurance is provided, that insurance must provide the coverage for all protected classes and cannot provide only individual coverage for certain protected classes, e.g., women or divorced persons. Employee benefit plans are illegal if they favor survivors of male employees over those of female employees, or vice versa.
Insurance, retirement, and welfare plans must not discriminate, except as in the following:
- Any bona fide employment benefit plan, such as a retirement pension or insurance plan which is specifically exempt under the provisions of the Age Discrimination in Employment Act of 1967; and
- Insurance plans which are otherwise lawful and which are based on actuarial tables that limit or deny coverage to certain types of physical handicap.
Employers must not condition fringe benefits on whether the employee is the “head of the household” or “principal wage earner” in the family unit. Any such practice will be viewed as a prima facie violation of the prohibitions against sex discrimination.
It is unlawful to have a pension or retirement plan which establishes different optional or compulsory retirement ages based on sex, or which differentiates in benefits on the basis of sex.
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.
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:
- 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.
State
Contact
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
29 CFR Part 1620, The Equal Pay Act
29 CFR 1621, Procedures — The Equal Pay Act
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.