Religious 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 unlawful employment practices and exemptions are similar to those covered by the federal Guidelines on Discrimination Because of Religion.

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.

It is unlawful for an employer to refuse to make a reasonable accommodation for an employee’s religious observance by permitting the employee to make up lost work time due to such observance, unless the accommodation would cause the employer undue hardship. An accommodation would cause an employer undue hardship when it would cause the employer to incur more than de minimis costs. An accommodation may be made by permitting the employee to work:

• During the employee’s scheduled lunchtime or other work breaks;
• Before or after the employee’s usual working hours;
• Outside of the employer’s normal business hours;
• During the employee’s paid vacation days;
• During another employee’s working hours as part of a voluntary swap with such other employee; or
• In any other manner that is mutually agreeable to the employer and employee.

When an employee’s request for a particular accommodation would cause undue hardship, the employer must reasonably accommodate the employee in a manner that does not cause undue hardship. Where other means of accommodation would cause undue hardship, an employee has the option of taking leave without pay if this would not cause undue hardship.

An employee must notify the employer of the need for an accommodation at least 10 working days prior to the day or days for which the accommodation is needed, unless the need for accommodation cannot reasonably be foreseen.

The employer must establish that an accommodation would incur an undue hardship. However, in the case of an employer with more than five but fewer than 15 full-time employees, or where accommodation would require the employee to take more than three consecutive days off, the employee must establish that the employer could provide reasonable accommodation without undue hardship. An undue hardship exists if an employer would be required to pay any additional compensation to accommodate a religious observance. The assumption that other employees might also request accommodation is not considered evidence of undue hardship. An employer that employs five or fewer full-time employees is exempt from these provisions.

With certain qualifications, a religious or political organization can limit employment or admission to, or giving preference to, persons of the same religion or political persuasion to promote the religious or political principles for which it is established or maintained.

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 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

DC 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 1605, Guidelines on Discrimination Because of Religion