Gender discrimination - District of Columbia

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 District of Columbia has adopted and incorporated by reference the guidelines on sex discrimination under the Equal Employment Opportunity Commission (EEOC).

Hiring, assignment, promotion, compensation, lay-off, and all terms, conditions, and privileges of employment must not be based on sex unless sex is a 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.

Employers must not permit a working environment which is hostile, intimidating, or offensive, or otherwise allows harassment related to sex.

It is a discriminatory practice to allow employees of one class to be addressed only by the titles of “Mr.,” “Mrs.,” “Miss,” or “Ms.” while allowing employees of another class to be addressed by their first names.

Codes for dress and appearance must be applied equally to all employees performing the same kind of work. Any restriction or limitation on dress or appearance must be a result of a reasonable business purpose. In the absence of a reasonable business purpose, an employer can not refuse to allow an employee to wear a hair or dress style symbolic of heritage, religion, or race.

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.

Insurance plans, including, but not limited to, endowment policies and annuity contracts, must provide for equal benefits for members of both sexes, even if the employer’s contribution is greater for one sex than it is for another. Employees in protected classes can not be required to make greater contributions in order to receive equal benefits.

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

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

29 CFR Part 1604, Guidelines on Discrimination Because of Sex