['Discrimination']
['National Origin Discrimination']
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 Guidelines on Discrimination Because of National Origin.
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.
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.
Certain exemptions are provided for religious organizations, private clubs, and similar entities regarding housing accommodations.
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.
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 1606, Guidelines on Discrimination Because of National Origin
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.