Discrimination by employers is generally prohibited by the District of Columbia's Human Rights Act in Division I, Title 2, Chapter 14, Unit A, Subchapters I-III of the District of Columbia Code Annotated.
Human Rights Act

• 2-1401.03. Prohibited practices; Exceptions.
• 2-1401.04. Severability of provisions.
• 2-1401.05. Discrimination based on pregnancy, childbirth, or related medical conditions.
• 2-1402.01. General.
• 2-1402.11. Prohibited employment practices.
• 2-1402.12. Exception.
• 2-1402.13. Reports and records.
• 2-1402.51. Posting of notice.
• 2-1402.52. Records and reports.
• 2-1402.53. Affirmative action plans.
• 2-1402.61. Coercion or retaliation.
• 2-1402.65. Falsifying documents and testimony.
• 2-1402.73. Application of law to government agencies.
• 2-1402.81. Breastfeeding rights
• 2-1402.82. Rights of Breastfeeding mothers.
• 2-1402.83. Duties of the Department of Health.

• 1-607.01. Affirmative action; exercise of religion.
• 1-607.02. Physically handicapped and the developmentally disabled.
• 1-607.07. Benefits - Sex discrimination.

• 32-601. Definitions.
• 32-602. Temporary Commission on Pay Equity and Training established.

• 7-1005. Prohibited Discrimination
• 7-1007. Penalties.
• 7-1009. Definitions.

• 7-1703.03. Prohibited employment discrimination on the basis of tobacco use.

Human Rights Act

In 2005 The Human Rights Act has been amended and thereby extended to provide protection to "domestic partners."

It has also been amended to prohibit employment discrimination based on genetic information. Genetic information can only be used in certain limited situations.

Sec. 2-1401.02. [Terms defined].

The following words and terms when used in this chapter have the following meanings:

(1) "Administrative Procedure Act" means the "District of Columbia Administrative Procedure Act," (D.C. Code, Sec. 1-1501 et seq.).

(2) "Age" means 18 years of age or older.

(3) "Chairman" means the duly appointed Chairman of the District of Columbia Commission on Human Rights.

(4) "Commission" means the District of Columbia Commission on Human Rights, as established by Commissioner's Order No. 71-224, dated July 8, 1971.

(5) "Council" means the Council of the District of Columbia as established by Sec. 1-221(a).

(5A) "Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual having a record of such an impairment or being regarded as having such an impairment.

(6) "Director" means the Director of the District of Columbia Office of Human Rights, or a designate.

(7) "District" means the District of Columbia.

(8) "Educational institution" means any public or private institution including an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system or university; and a business, nursing, professional, secretarial, technical, or vocational school; and includes an agent of an educational institution.

(9) "Employee" means any individual employed by or seeking employment from an employer.

(10) "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.

(11) "Employment agency" means any person regularly undertaking or attempting, with or without compensation, to procure employees for an employer or to procure for employees, opportunities to work for an employer, and includes an agent of such a person.

(11A) "Familial status" means 1 or more individuals under 18 years of age being domiciled with: (1) a parent or other person having legal custody of the individual; or (2) the designee, with written authorization of the parent, or other persons having legal custody of individuals under 18 years of age. The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or in the process of securing legal custody of any individual under 18 years of age.

(12) "Family responsibilities" means the state of being, or the potential to become, a contributor to the support of a person or persons in a dependent relationship, irrespective of their number, including the state of being the subject of an order of withholding or similar proceedings for the purpose of paying child support or a debt related to child support.

(13) "Hearing tribunal" means members of the Commission, or 1 or more hearing examiners, appointed by the Commission to conduct a hearing.

(14) "Housing business" means a business operated under the authority of a license issued by the Mayor, or other authorized District agent, pursuant to Sec. 47-2828 and the regulations promulgated thereunder.

(15) "Labor organization" means any organization, agency, employee representation committee, group, association, or plan in which employees participate directly or indirectly; and which exists for the purpose, in whole or in part, of dealing with employers, or any agent thereof, concerning grievances, labor disputes, wages, rates of pay, hours, or other terms, conditions, or privileges of employment; and any conference, general committee, joint or system board, or joint council, which is subordinate to a national or international organization.

(16) "Make public" means disclosure to the public or to the news media of any personal or business data obtained during the course of an investigation of a complaint filed under the provisions of this chapter, but not to include the publication of EEO-1, EEO-2, or EEO-3 reports as required by the Equal Employment Opportunity Commission, or any other data in the course of any administrative or judicial proceeding under this chapter; or any judicial proceeding under Title VII of the Civil Rights Act of 1964 involving such information; nor shall it include access to such data by staff or the Office of Human Rights, members of the Commission on Human Rights, or parties to a proceeding, nor shall it include publication of aggregated data from individual reports.

(17) "Marital status" means the state of being married, in a domestic partnership, single, divorced, separated, or widowed and the usual conditions associated therewith, including pregnancy or parenthood.

(18) "Matriculation" means the condition of being enrolled in a college, or university; or in a business, nursing, professional, secretarial, technical or vocational school; or in an adult education program.

(19) "Office" means the District of Columbia Office of Human Rights, as established by Commissioner's Order No. 71-224, dated July 8, 1971, as amended.

(20)

(A) "Owner" means 1 of the following:

(i) Any person, or any one of a number of persons in whom is vested all or any part of the legal or equitable ownership, dominion, or title to any real property;

(ii) The committee, conservator, or any other legal guardian of a person who for any reason is non sui juris, in whom is vested the legal or equitable ownership, dominion or title to any real property; or

(iii) A trustee, elected or appointed or required by law to execute a trust, other than a trustee under a deed of trust to secure the payment of money; or one who, as agent of, or fiduciary, or officer appointed by the court for the estate of the person defined in sub-subparagraph (i) of this subparagraph shall have charge, care or control of any real property.

(B) The term "owner" shall also include the lessee, the sublessee, assignee, managing agent, or other person having the right of ownership or possession of, or the right to sell, rent or lease, any real property.

(21) "Person" means any individual, firm, partnership, mutual company, joint-stock company, corporation, association, organization, unincorporated organization, labor union, government agency, incorporated society, statutory or common-law trust, estate, executor, administrator, receiver, trustee, conservator, liquidator, trustee in bankruptcy, committee, assignee, officer, employee, principal or agent, legal or personal representative, real estate broker or salesman or any agent or representative of any of the foregoing.

(22) "Personal appearance" means the outward appearance of any person, irrespective of sex, with regard to bodily condition or characteristics, manner or style of dress, and manner or style of personal grooming, including, but not limited to, hair style and beards. It shall not relate, however, to the requirement of cleanliness, uniforms, or prescribed standards, when uniformly applied for admittance to a public accommodation, or when uniformly applied to a class of employees for a reasonable business purpose; or when such bodily conditions or characteristics, style or manner of dress or personal grooming presents a danger to the health, welfare or safety of any individual.

(23) Repealed.

(24) "Place of public accommodation" [Not reproduced].

(25) "Political affiliation" means the state of belonging to or endorsing any political party.

(26) "Real estate broker (or salesperson)" means any person licensed as such in accordance with the provisions of Chapter 19 of Title 45.

(27) "Real Estate Commission" means the Real Estate Commission of the District of Columbia established by Sec. 45-1923.

(28) "Sexual orientation" means male or female homosexuality, heterosexuality and bisexuality, by preference or practice.

(29) "Source of income" means the point, the cause, or the form of the origination, or transmittal of gains of property accruing to a person in a stated period of time; including, but not limited to, money and property secured from any occupation, profession or activity, from any contract, agreement or settlement, from federal payments, court-ordered payments, from payments received as gifts, bequests, annuities, life insurance policies and compensation for illness or injury, except in a case where conflict of interest may exist.

(30) "Transaction in real property" means the exhibiting, listing, advertising, negotiating, agreeing to transfer or transferring, whether by sale, lease, sublease, rent, assignment or other agreement, any interest in real property or improvements thereon, including, but not limited to, leaseholds and other real chattels.

(31) "Unlawful discriminatory practice" means those discriminatory practices which are so specified in Subchapter II of this chapter. "Unlawful discriminatory practice" shall include harassment engaged in for discriminatory reasons specified in section 211(a). statute. Thus, they are being reproduced below.

Sec. 2-1401.03. [Prohibited practices; Exceptions].

(a) Any practice which has a discriminatory effect and which would otherwise be prohibited by this chapter shall not be deemed unlawful if it can be established that such practice is not intentionally devised or operated to contravene the prohibitions of this chapter and can be justified by business necessity. Under this chapter, a "business necessity" exception is applicable only in each individual case where it can be proved by a respondent that, without such exception, such business cannot be conducted; a "business necessity" exception cannot be justified by the facts of increased cost to business, business efficiency, the comparative characteristics of 1 group as opposed to another, the stereotyped characterization of 1 group as opposed to another, and the preferences of co-workers, employers, customers or any other person. The business necessity exemption is inapplicable to complaints of unlawful discrimination in residential real estate transactions and to complaints alleging violations of the Fair Housing Act, approved April 11, 1968 (42 U.S.C. §3601 et seq.) ("FHA").

(b) Nothing in this act shall be construed to bar any religious or political organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious or political organization, from limiting employment, or admission to or giving preference to persons of the same religion or political persuasion as is calculated by the organization to promote the religious or political principles for which it is established or maintained.

(c) Nothing in this chapter shall be construed to supersede any federal rule, regulation or act.

(d) Nothing in this act shall prohibit any religious organization, association, or society or non-profit organization which is operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting sales, rental or occupancy of housing accommodations which it owns or operates for other than a commercial purpose to members of the same religion or organization, or from giving preference to these persons, unless the entity restricts its membership on the basis of race, color, or national origin. This act does not prohibit a private club, not open to the public, which incident to its primary purpose, provides lodgings which it owns or operates for other then a commercial purpose, from limiting the rental or occupancy of these lodgings to its members or from giving preference to its members

(e) Nothing in this act shall prohibit an employer, an employment agency, or a labor organization from seeking, obtaining, or using genetic information to determine the existence of a bona fide occupational qualification reasonably necessary for the normal operation of an employer's business or enterprise; provided, that the employee or applicant for employment provides, in writing, his or her informed consent, the genetic information is provided to the employee or applicant for employment in writing as soon as it is available, and the genetic information is not disclosed to any other person.

(f) Nothing in this act shall prohibit an employer from seeking, obtaining, or using genetic information about an employee to:

(1) Investigate a workers' compensation or disability compensation claim; or

(2) Determine an employee's susceptibility or level of exposure to potentially toxic substances in the workplace; provided, that the employee provides, in writing, his or her informed consent, and the genetic information is provided to the employee in writing as soon as it is available, and the genetic information is not disclosed to any other person.

2-1401.04. Severability of provisions.

If any provision, or part thereof of this chapter or application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision, or part thereof, to other persons not similarly situated or to other circumstances is not to be affected thereby.

2-1401.05. Discrimination based on pregnancy, childbirth, or related medical conditions.

(a) For the purposes of interpreting this chapter, discrimination on the basis of sex shall include, but not be limited to, discrimination on the basis of pregnancy, childbirth, related medical conditions, or breastfeeding.

(b) Women affected by pregnancy, childbirth, related medical conditions, or breastfeeding shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and this requirement shall include, but not be limited to, a requirement that an employer must treat an employee temporarily unable to perform the functions of her job because of her pregnancy-related condition in the same manner as it treats other employees with temporary disabilities.

2-1402.01. General.

Every individual shall have an equal opportunity to participate fully in the economic, cultural and intellectual life of the District and to have an equal opportunity to participate in all aspects of life, including, but not limited to, in employment, in places of public accommodation, resort or amusement, in educational institutions, in public service, and in housing and commercial space accommodations.

Sec. 2-1402.11. [Prohibited employment practices].

(a) General. --It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based upon the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, genetic information, disability, matriculation, or political affiliation of any individual:

(1) By an employer. --To fail or refuse to hire, or to discharge, any individual; or otherwise to discriminate against any individual, with respect to his compensation, terms, conditions, or privileges of employment, including promotion; or to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his status as an employee;

(2) By an employment agency. --To fail or refuse to refer for employment, or to classify or refer for employment, any individual, or otherwise to discriminate against, any individual; or

(3) By a labor organization. --To exclude or to expel from its membership, or otherwise to discriminate against, any individual; or to limit, segregate, or classify its membership; or to classify, or fail, or refuse to refer for employment any individual in any way, which would deprive such individual of employment opportunities, or would limit such employment opportunities, or otherwise adversely affect his status as an employee or as an applicant for employment; or

(4) By an employer, employment agency or labor organization. --

(A) To discriminate against any individual in admission to or the employment in, any program established to provide apprenticeship or other training or retraining, including an on-the-job training program;
(B) To print or publish, or cause to be printed or published, any notice or advertisement, or use any publication form, relating to employment by such an employer, or to membership in, or any classification or referral for employment by such a labor organization, or to any classification or referral for employment by such an employment agency, unlawfully indicating any preference, limitation, specification, or distinction, based on the race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, genetic information, disability, or political affiliation of any individual.
(C) To request or require a genetic test of, or administer a genetic test to, any individual as a condition of employment, application for employment, or membership, or to seek to obtain, obtain, or use genetic information of an employee or applicant for employment or membership.

(b) Subterfuge. --It shall further be an unlawful discriminatory practice to do any of the above said acts for any reason that would not have been asserted but for, wholly or partially, a discriminatory reason based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, genetic information, disability, or political affiliation of any individual.

(c) Accommodation for religious observance. --

(1) It shall further be an unlawful discriminatory practice for an employer to refuse to make a reasonable accommodation for an employee's religious observance by permitting the employee to make up work time lost due to such observance, unless such an 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.

(2) Such an accommodation may be made by permitting the employee to work:

(A) During the employee's scheduled lunch time or other work breaks;

(B) Before or after the employee's usual working hours;

(C) Outside of the employer's normal business hours;

(D) During the employee's paid vacation days;

(E) During another employee's working hours as part of a voluntary swap with such other employee; or

(F) In any other manner that is mutually agreeable to the employer and employee.

(3) When an employee's request for a particular form of accommodation would cause undue hardship to the employer, the employer shall reasonably accommodate the employee in a manner that does not cause undue hardship to the employer. Where other means of accommodation would cause undue hardship to the employer, an employee shall have the option of taking leave without pay if granting leave without pay would not cause undue hardship to the employer.
(4) An employee shall 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 the accommodation cannot reasonably be foreseen.
(5) In any proceeding brought under this section, the employer shall have the burden of establishing that it would be unable reasonably to accommodate an employee's religious observance without incurring an undue hardship, provided, however, that in the case of an employer that employs more than 5 but fewer than 15 full-time employees, or where accommodation of an employee's observance of a religious practice would require the employee to take more than 3 consecutive days off from work, the employee shall have the burden of establishing that the employer could reasonably accommodate the employee's religious observance without incurring an undue hardship; and provided further, that it shall be considered an undue hardship if an employer would be required to pay any additional compensation to an employee by reason of an accommodation for an employee's religious observance. The mere assumption that other employees with the same religious beliefs might also request accommodation shall not be considered evidence of undue hardship. An employer that employs 5 or fewer full-time employees shall be exempt from the provisions of this subsection.

2-1402.12. Exception.

(a) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system such as retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this chapter, except that no such employee seniority system or benefit plan shall excuse the failure to hire any individual.

(b) It shall not be an unlawful discriminatory practice for the District of Columbia to prescribe minimum and maximum age limits for appointment to the police officer and firefighter cadet programs.

2-1402.13. Reports and records.

Every employer, employment agency, and labor organization, subject both to this chapter and to title VII of the Civil Rights Act of 1964, as amended, is to furnish to the Office, all reports that may be required by the Equal Employment Opportunity Commission established under the Civil Rights Act of 1964.

2-1402.51. Posting of notice.

Every person subject to this chapter shall post and keep posted in a conspicuous location where business or activity is customarily conducted or negotiated, a notice whose language and form has been prepared by the Office, setting forth excerpts from or summaries of, the pertinent provisions of this chapter and information pertinent to the filing of a complaint.

2-1402.52. Records and reports.

(a) Every person subject to this chapter shall preserve any regularly kept business records for a period of 6 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; such records shall include, but not be 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 this chapter.

(b) Where a charge of discrimination has been filed against a person under this chapter, the respondent shall preserve all records which may be relevant to the charge or action, until a final disposition of the charge in accordance with subsection (c) of this section.

(c) All persons subject to this chapter shall furnish to the Office, at the time and in the manner prescribed by the Office, such reports relating to information under their control as the Office may require. The identities of persons and properties contained in reports submitted to the Office under the provisions of this section shall not be made public.

2-1402.53. Affirmative action plans.

(a) It shall not be an unlawful discriminatory practice for any person to carry out an affirmative action plan that has been approved by the Office. An affirmative action plan is any plan devised to effectuate remedial or corrective action in response to past discriminatory practices prohibited under this chapter and may also include those plans devised to provide preferential treatment for a class or classes of persons, which preferential treatment by class would otherwise be prohibited by this chapter and which plan is not devised to contravene the intent of this chapter.

(b) All banks and savings and loan associations, subject to this chapter, shall submit annually to the Office an affirmative action plan which shall include goals and timetables for the remediation or correction of past or present discriminatory practices. Such plan shall be reviewed by the Office and is subject to its approval.

(c) It shall be an unlawful discriminatory practice for any bank or savings and loan association, subject to this chapter, to fail to develop an affirmative action plan approved by the Office or fail to comply substantially with the terms of such affirmative action plan.

(d) The Office shall develop and promulgate guidelines which will set forth the affirmative action requirements of this section and shall incorporate, but not be limited to, applicable federal guidelines. Such guidelines shall be promulgated by the Office within 120 days of the enactment of this law consistent with the District of Columbia Administrative Procedure Act (Sec. 2-501 et seq.) and shall not become effective until 60 calendar days following submission to the Council.

2-1402.61. Coercion or retaliation.

(a) It shall be an unlawful discriminatory practice to coerce, threaten, retaliate against, or interfere with any person in the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this chapter.

(b) It shall be an unlawful discriminatory practice for any person to require, request, or suggest that a person retaliate against, interfere with, intimidate or discriminate against a person, because that person has opposed any practice made unlawful by this chapter, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing authorized under this chapter. (c) It shall be an unlawful discriminatory practice for any person to cause or coerce, or attempt to cause or coerce, directly or indirectly, any person to prevent any person from complying with the provisions of this chapter.

2-1402.65. Falsifying documents and testimony.

It shall be unlawful to willfully falsify documents, records, or reports, which are required or subpoenaed pursuant to this chapter, or willfully to falsify testimony, or to intimidate any witness or complainant; such violations shall be punishable by imprisonment for not more than 10 days, or by a fine of not more than $300, or by both.

2-1402.73.Application of law to government agencies.

Except as otherwise provided for by District law or when otherwise lawfully and reasonably permitted, it shall be an unlawful discriminatory practice for a District government agency or office to limit or refuse to provide any facility, service, program, or benefit to any individual on the basis of an individual's actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business.

2-1402.81.Breastfeeding rights

(a) The Council finds that:

(1) The encouragement of a public acceptance of breastfeeding is consistent with the promotion of family values between a mother and her child and no mother should be made to feel incriminated or socially ostracized for breastfeeding her child.
(2) Breastfeeding a baby constitutes a basic act of nurturing to which every mother and child has a right and which should be encouraged in the interests of maternal and child health.
(3) Breastfeeding provides significant health benefits to both the mother and child. Breastfeeding provides maternal protection from breast cancer, osteoporosis, urinary tract infections, and other cancers. Studies indicate that if every mother in the United States breastfed their children for 2 years, breast cancer could decline by 25%.
(4) Social constraints of modern society weigh against the choice of breastfeeding and often result in new mothers opting to choose formula feeding to avoid embarrassment, social ostracism, or criminal prosecution.
(5) Studies show that babies who are not breastfed have higher rates of death, meningitis, childhood leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, diarrhoeal diseases, otitis media, allergies, obesity, and developmental delays. Breastfeeding may also raise a baby's intelligence quotient.
(6) To attain an optimal, healthy start in life, the Surgeon General of the United States and the American Academy of Pediatrics recommend that babies from birth to at least one year of age be breastfed unless medically contraindicated. In addition, the World Health Organization and UNICEF have established the encouragement of breastfeeding as one of their major goals for the decade.
(7) Despite these recommendations, statistics reveal a declining percentage of mothers are choosing to breastfeed their children. Nearly 50% of all new mothers are now choosing formula over breastfeeding before they leave the hospital, only 20% are still breastfeeding when their babies are 6 months of age, and only 6% are still breastfeeding when their babies are one year of age.

(b) This part has the following purposes:

(1) To increase the incidence and duration of breastfeeding as a goal for optimal maternal and child health and nutrition;
(2) To enable women who so choose to freely breastfeed their children so that infants may be fed exclusively on breast milk from birth to 4 to 6 months of age;
(3) To further enable women to breastfeed while giving appropriate and adequate complementary foods to children for up to 2 years of age or beyond; and
(4) To create an appropriate environment of awareness and support so that women can breastfeed and thereby achieve an ideal child nutrition option.

2-1402.82. Rights of Breastfeeding mothers.

(a) For the purposes of this section, the term:

(1) "Reasonable efforts" means any effort that would not impose an undue hardship on the operation of an employer's business.
(2) "Undue hardship" means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources, and the nature and structure of its operation.

(b) It shall be an unlawful discriminatory practice to deny a woman any right provided under this section.
(c)

(1) A woman shall have the right to breastfeed her child in any location, public or private, where she has the right to be with her child, without respect to whether the mother's breast or any part of it is uncovered during or incidental to the breastfeeding of her child.
(2) Notwithstanding any other provision of District of Columbia law governing indecent exposure or the definition of the private or intimate parts of a female person, including that portion of the breast that is below the top of the areola, a woman shall have the right to breastfeed in accordance with this section.

(d)

(1) An employer shall provide reasonable daily unpaid break periods, as required by the employee, so that the employee may express breast milk for her child to maintain milk supply and comfort. If any break period, paid or unpaid, is already provided to the employee by the employer, the break period required shall run concurrently with the break periods already provided. Notwithstanding the foregoing, an employer shall not be required to provide break periods if it would create an undue hardship on the operations of the employer.
(2) An employer shall make reasonable efforts to provide a sanitary room or other location in close proximity to the work area, other than a bathroom or toilet stall, where an employee can express her breast milk in privacy and security. The location may include a childcare facility in close proximity to the employee's work location.

2-1402.83. Duties of the Department of Health.

The Department of Health shall monitor breastfeeding rates in the District of Columbia, the number and nature of complaints regarding violations of this part received by the Office of Human Rights, and any benefits reported by working breastfeeding mothers and employers to the Department of Health. The Department of Health shall issue annual reports of its findings to the Council.

2-1403.03. Complaints filed against district government; Establishment of procedure.

(a) The Mayor shall establish rules of procedure for the investigation, conciliation, and hearing of administrative complaints filed against District government agencies, officials and employees alleging violations of this chapter. The final administrative determination in such matters shall be made by the Mayor or his designee.

(b) A person claiming to be aggrieved by an unlawful discriminatory practice on the part of District government agencies, officials, or employees may elect to file an administrative complaint under the rules of procedure established by the Mayor under this section or a civil action in a court of competent jurisdiction under section 316.

2-1403.04. Filing of complaints and mediation.

(a) Any person or organization, whether or not an aggrieved party, may file with the Office a complaint of a violation of the provisions of this chapter, including a complaint of general discrimination, unrelated to a specific person or instance. The complaint shall state the name and address of the person alleged to have committed the violation, hereinafter called the respondent, and shall set forth the substance thereof, and such other information as may be required by the Office. The Director, sua sponte, may investigate individual instances and patterns of conduct prohibited by the provisions of this chapter and may initiate complaints in connection therewith. Any complaint under this chapter shall be filed with the Office within 1 year of the occurrence of the unlawful discriminatory practice, or the discovery thereof, except as may be modified in accordance with Sec. 2-1403.03.

(b) Complaints filed with the Office under the provisions of this chapter may be voluntarily withdrawn at the request of the complainant at any time prior to the completion of the Office's investigation and findings as specified in Sec. 2- 1403.05, except that the circumstances accompanying said withdrawal may be fully investigated by the Office.

(c) A mediation program shall be established and all complaints shall be mediated before the Office commences a full investigation. During the mediation the parties shall discuss the issues of the complaint in an effort to reach an agreement that satisfies the interests of all concerned parties. The Office shall grant the parties up to 45 days within which to mediate a complaint. If an agreement is reached during the mediation process, the terms of the agreement shall control resolution of the complaint. If an agreement is not reached, the Office shall proceed with an investigation of the complaint.

(d) Complaints filed with the Office alleging unlawful discrimination in residential real estate transactions or violations of FHA, shall be served on the complainant and respondent within 5 days of filing, with a notice identifying the alleged discriminatory practice and advising the parties of their procedural rights and obligations under this chapter and FHA. The Office shall refer the complaint for mediation, but shall begin investigating the complaint within 30 days of its filing if the parties fail to reach an agreement.

2-1403.16. Private cause of action.

(a) Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate, unless such person has filed a complaint hereunder: Provided, that where the Office has dismissed such complaint on the grounds of administrative convenience, or where the complainant has withdrawn a complaint, such person shall maintain all rights to bring suit as if no complaint had been filed. No person who maintains, in a court of competent jurisdiction, any action based upon an act which would be an unlawful discriminatory practice under this chapter may file the same complaint with the Office. A private cause of action pursuant to this act shall be filed in a court of competent jurisdictions within 1 year of the unlawful discriminatory act, or the discovery thereof, except that the limitation shall be within 2 years of the unlawful discriminatory act, or the discovery thereof, for complaints of unlawful discrimination in real estate transactions brought pursuant to this act or the FHA. The timely filing of a complaint with the Office, or under the administrative procedures established by the Mayor pursuant to section 303, shall toll the running of the statute of limitations while the complaint is pending.

(b) The court may grant any relief it deems appropriate, including the relief provided in section 307 and 313(a).

District Employees - EEO

1-607.01. Affirmative action; exercise of religion.

(a) The Council reaffirms its intent that the objectives of the Affirmative Action in District Government Employment Act, as amended (D.C. Code, Sec. 1- 521.01) be carried out.

(b) Each agency shall make reasonable accommodations for the free exercise of religion by its employees, and may adjust work schedules unless such adjustment would result in a substantial disruption of District business.

(c) If an employee's religious beliefs require the employee to take time off from work during certain periods of the workday or workweek, the employee may elect to make up the time off, rather than to charge the time off to leave, in accordance with the procedures established under subsections (d) and (e) of this section.

(d) An employee who makes an election pursuant to subsection (c) of this section shall, if the need to take time off is foreseeable, request an adjustment of his or her work schedule and obtain supervisory approval of the adjustment at least 10 days before taking time off from work. A request to adjust a work schedule may be disapproved if it is demonstrated that the adjustment would clearly interfere with the efficient conduct of the activities of the entity of the District government for which the employee works.

(e) Notice of an employee's opportunity to obtain a religious accommodation shall be provided to the employee at the time the employee accepts appointment with the District government.

(f) Nothing in this section shall be construed to limit the use of other forms of leave authorized by the District government or to require a supervisor to allow an employee the opportunity to work more than 40 hours in a given week to make up for the time taken off for the religious accommodation.

1-607.02. Physically handicapped and the developmentally disabled.

The Mayor may develop rules and regulations which authorize the inquiry into bona fide job-related qualifications which may affect persons with physical handicaps or developmental disabilities, prior to appointing such individuals under the authority of Sec. 1-610.4(2). Physically handicapped or developmentally disabled persons who apply for positions under the authority of subchapters VIII and IX of this chapter may be examined to assure that their level of skills is sufficient to meet minimal job qualifications.

1-607.07. Benefits - Sex discrimination.

No benefit program shall be denied to any District employee on account of sex.

Equal Pay - Government Employees

32-601. Definitions.
For the purposes of this chapter, the term:

(1) "Council" means the Council of the District of Columbia.

(2) "District" means the District of Columbia government.

(3) "Discriminatory wage differentials" means differences in rates of pay resulting from the use of discriminatory wage-setting practices.

(4) "Discriminatory wage-setting practices":

(A) With regard to gender, means practices resulting in a situation where the rates of pay for positions or position classifications that are dominated (composed 70% or more) by members of 1 sex are lower than the rates of pay for positions or position classifications that are dominated (composed 70% or more) by members of the opposite sex, although the work performed is of comparable value as measured by the composite of the skill, effort, responsibilities, and working conditions normally required in the performance of the work.

(B) With regard to race, means practices resulting in a situation where the rates of pay for positions or position classifications that have a disproportionate representation of employees from a nationally recognized minority race are lower than the rates of pay for positions that are nonminority dominated, although the work performed is of comparable value as measured by the composite of the skill, effort, responsibilities, and working conditions normally required in the performance of the work.

(5) "Effort" means the energy required in the performance of work, including any intellectual or physical energy. (6) "Employee" means an individual employed by the District or any of its independent agencies, including the public schools of the District of Columbia and the University of the District of Columbia, who performs a function of the District and who receives compensation for the performance of these services.

(7) "Equitable job-evaluation technique" means an objective method of determining the comparable value of different positions or position classifications using a system that rates numerically the composite of the skill, effort, responsibilities, and working conditions normally required in the performance of the work, and that does not discriminate, either intentionally or in its effects, on the basis of race, color, religion, sex, or any other basis prohibited by Chapter 14 of Title 2.

(8) "Mayor" means the Mayor of the District of Columbia.

(9) "Position" means the job an employee holds and the duties and responsibilities assigned to an employee.

(10) "Position classification" means a group or class of positions that is sufficiently similar as to kind or subject matter of work, level of difficulty, responsibility, and qualification requirements to warrant similar treatment in personnel and pay administration.

(11) "Protected classes" means those groups of individuals against whom acts of discrimination are barred by Chapter 14 of Title 2.

(12) "Responsibility" means the duties and obligations involved in the performance of a job, including the extent to which the District relies on an employee to perform the work, the importance of the duties, and the accountability of the employee for the work of others and for resources.

(13) "Skill" means the competence required in the performance of the work including any type of intellectual or physical skill acquired through experience, training, education, or natural ability.

(14) "Working conditions" means the environment in which an employee performs work, including physical and psychological factors.

32-602. Temporary Commission on Pay Equity and Training established.

(a) There is established a Temporary Commission on Pay Equity and Training ("Commission"). (b) The Commission shall consist of 15 members appointed as follows:

(1) Five members appointed by the Mayor who shall include:

(A) The Director of the Office of Personnel or the Director's designee;

(B) The Director of the Department of Employment Services or the Director's designee;

(C) The Director of the Office of Human Rights or the Director's designee; and

(D) The Executive Director of the Commission for Women or the Executive Director's designee;

(2) One member appointed by the Chairperson of the Committee on Government Operations;

(3) One member appointed by the Chairperson of the Committee on Housing and Economic Development;

(4) One member appointed by the Chairperson of the Committee on Public Service;

(5) One member appointed by the Board of Education;

(6) The Executive Director of the D.C. General Hospital Commission; (7) Four members selected from and appointed by a panel composed of 1 officer from each of the 6 largest public sector unions that each serve as the exclusive representative of employees in more than 5 job classifications and who are:

(A) More than 30% female; and

(B) More than 50% minority; and

(8) One member appointed by a panel composed of 1 officer of each of the unions not affiliated with the AFL-CIO representing (as exclusive representatives) a proportion of female employees that is greater than 30%, and a proportion of minority employees that is greater than 50%.

(c) To the extent practicable, appointments under this section shall be made with a view towards maintaining a fair balance reflecting the gender and racial compositions of the District workforce. All Commission members shall be residents of the District.

(d) Members of the Commission shall be appointed within 30 days of February 24, 1987. The chairperson of the Commission shall convene an organizational meeting no later than 15 days after the appointments have been made.

(e) The Commission shall cease to exist 60 days after its report has been submitted to the Council.

(f) Vacancies occurring within the Commission shall be filled in the same manner as the original appointees, as provided for in subsection (b) of this section.

(g) The Commission shall determine its organization and may elect its own officers.

(h) A written transcript or a transcription shall be kept for all meetings at which a vote is taken.

(i) A majority of the members of the Commission shall constitute a quorum.

(j) The Commission shall meet at the call of the chair or a majority of its members, but at least once every 2 months.

(k) Members of the Commission shall not be considered to be employees of the District by reason of appointment to the Commission and shall not receive pay by reason of service as members. In the event that a member is a District employee, that person shall not lose pay as a result of time served on the Commission.

32-603. Design and methodology of study; selection of consultants.
Beginning 30 days after February 24, 1987:

(1) The Commission shall determine the design and methodology of the study and any other matters concerning the conduct of the study that the Commission may consider appropriate. These specifications shall be forwarded to the Department of Administrative Services, which shall prepare and process the solicitation. A list of all respondents to the solicitation shall be forwarded to the Commission by the Department of Administrative Services.

(2) A list of 5 qualified consultants, selected pursuant to competitive bidding procedures, shall be submitted to the Chairman of the Committee on Government Operations and to the Mayor by the Commission. Within 45 calendar days of receipt of the list, the Chairman of the Committee on Government Operations and the Mayor shall meet and select the consultant from the list using the alternate strike method as follows: The Mayor shall strike the 1st name, the Chair of the Committee on Government Operations shall strike the 2nd, and alternate strikes shall continue until 1 name remains.

32-604. Findings and recommendations of consultant.

(a) In order to carry out the purposes of this chapter, the Department of Administrative Services shall provide, by contract with the consultant selected under Sec. 32-603, for the conduct of a study and the preparation of a report by the consultant:

(1) Containing the findings of the consultant pursuant to a study that explores whether there are discriminatory wage-setting practices and discriminatory wage differentials within any of the District's position classification systems and includes a list of any positions determined as being subject to discriminatory wage-setting practices and the extent to which any discriminatory wage differentials are attributable to the practices;

(2) Identifying, where applicable, alternative measures for eliminating those discriminatory practices and differentials set forth in the consultant's findings made pursuant to paragraph (1) of this subsection, other than any measure that would result in a reduction in the rate of pay, or a cap on the rate of pay for any position, including proposals relating to the development and use of equitable job-evaluation techniques and training programs for individuals who would be responsible for implementing those measures;

(3) Specifying any measures identified under paragraph (2) of this subsection that are authorized under current law and making recommendations for any legislative, Mayoral, or other action, other than any action that would result in a reduction in the rate of pay for any existing positions, which may be necessary in order to carry out the other measures identified under paragraph (2) of this subsection; and

(4) Setting forth a list showing by bargaining unit, where appropriate, and by pay plan for those employees not covered by collective bargaining agreements, gender and race-dominated classes in the District Career, Educational, Executive, and Excepted Services for which there exists a discriminatory wage differential.

(b) Under the contract, the consultant shall be required to:

(1) Meet jointly with the Commission and the Committee on Government Operations on a regular basis in order to keep the District informed of the progress and other developments in the performance of the study and to obtain any views or recommendations from them; and

(2) Submit a report of his or her findings to the Commission within 18 months after the effective date of the contract.

(c) The information exchanged at the meetings held under subsection (b)(1) of this section shall be considered confidential until the final report is submitted pursuant to Sec. 32-607.

32-605. Cooperation with consultant.

(a) Each agency of government shall cooperate with the consultant selected pursuant to Sec. 32-603(2) in the conduct of the study under this chapter. Each agency shall provide any data, reports, or other information, in a timely manner, that the consultant may request in the course of the study. All information shall be kept confidential by the consultant until the final report is issued.

(b) The Office of Personnel shall provide, in a timely manner, the Commission with any information that the Commission considers necessary in order to carry out its responsibilities under this chapter. All information shall be kept confidential until the final report is issued pursuant to Sec. 32-607.

(c) Nothing in this section authorizes the disclosure of any information if, or to the extent that, the disclosure would otherwise be prohibited by law.

(d) The Mayor shall provide administrative support, space, and other resources needed by the Commission.

32-606. Application.

Nothing in this chapter shall be construed to limit any of the rights or remedies provided under 42 U.S.C. Sec. 2000e et seq., 29 U.S.C. Sec. 206(d), Chapter 14 of Title 2, or any other provisions of law relating to discrimination on the basis of race, color, religion, sex, or national origin.

Disability Discrimination

7-1005. The blind and the otherwise physically disabled shall be employed by: (1) Every individual, partnership, firm, association, or corporation, or the receiver, trustee, or successor thereof (exclusive) of the government of the United States or any agency thereof), doing business, and employing any individual for the purpose of such business, in the District of Columbia; and (2) the government of the District of Columbia, the Board of Education of the District of Columbia, the Board of Trustees of the University of the District of Columbia, the Board of Higher Education of the District of Columbia, and the Executive Officer of the District of Columbia courts, and all other employers supported in whole or in part by appropriations for the District of Columbia, on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.

7-1007. Penalties. Any person or the agent of any person in the District of Columbia who denies or interferes with admittance to or enjoyment of any of the places, accommodations, or conveyances listed in Sec. 7-1001 and 7-1002 or otherwise interferes with the rights of a blind or otherwise disabled person under Sec. 7-1001, 7-1002, 7-1005, or 7-1006 shall be imprisoned for not longer than 90 days, or fined not more than $300, or both.

7-1009. Definitions. For the purposes of this chapter:

(1) The term "blind person" means, and the term "blind" refers to, a person who is totally blind, has impaired vision of not more than 20/200 visual acuity in the better eye and for whom vision cannot be improved to better than 20/200, or who has loss of vision due wholly or in part to impairment of field vision or to other factors which affect the usefulness of vision to a like degree.

(2) The term "deaf person" means a person who is totally deaf or a person with hearing impairment that severely interferes with his or her ability to hear environmental noises.

(3) The term "guide dog" means a dog that is specially trained to assist a blind or deaf person and one which a blind or deaf person relies on for assistance.

(4) The term "otherwise physically disabled" refers to an individual who has a medically determinable physical impairment (other than blindness) which interferes with his ability to move about, to assist himself, or to engage in an occupation.

Tobacco Use

7-1703.03. Prohibited employment discrimination on the basis of tobacco use.

(a) No person shall refuse to hire or employ any applicant for employment, or discharge or otherwise discriminate against any employee with respect to compensation or any other term, condition, or privilege of employment, on the basis of the use by the applicant or employee of tobacco or tobacco products. Nothing in this section shall be construed as limiting a person from establishing or enforcing workplace smoking restrictions that are required or permitted by this act or other District or federal laws, or in establishing tobacco-use restrictions or prohibitions that constitute bona fide occupational qualifications.

(b) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall have a private cause of action against the person. An employee or applicant for employment shall pursue and exhaust all remedies available pursuant to any collective bargaining agreement, grievance procedure, or other established means of resolving employer-employee disputes, to resolve a violation of subsection (a) of this section, prior to commencing a civil action.

(c) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall be entitled to recover any damages, including lost or back wages or salary. The court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.

Unemployed Anti-Discrimination Act of 2012

Sec. 2. Definitions. For the purposes of this act, the term:
(1) “Employee” means any individual employed by an employer.
(2) “Employer” means any person who employs or seeks to employ for compensation one or more individuals for a position in the District (but not including the person’s parent, spouse, child, or domestic servant engaged in work in and about the employer’s household). The term “employer” includes any person acting in the interest of the person, directly or indirectly.
(3) “Employment agency” means any person regularly undertaking or attempting, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, and includes an agent of that person.
(4) “Potential employee” means any individual who has applied to an employer for a vacant position to gain employment.
(5) “Status as unemployed” means any individual who, at the time of applying for employment, or, who at the time an act alleged to violate this act occurs, does not have a job, is available for work, and is seeking employment.

Sec. 3. Discrimination based on status as unemployed unlawful. No employer or employment agency shall:
(1) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual’s status as unemployed; or
(2) Publish, in print, on the Internet, or in any other medium, an advertisement or announcement for any vacancy in a job for employment that includes:
(A) Any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for the job; or
(B) Any provision stating or indicating that an employment agency will not consider or hire an individual for employment based on that individual’s status as
unemployed.

Sec. 4. Retaliation unlawful. No employer or employment agency shall:
(1) Interfere with, restrain, or deny the exercise of, or the attempted exercise of, any right provided under this act; or
(2) Fail or refuse to hire, or discharge, any employee or potential employee because the employee or potential employee:
(A) Opposed any practice made unlawful by this act;
(B) Has filed any charge, or has instituted or caused to be instituted any proceeding, relating to any right provided under this act;
(C) Has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this act; or
(D) Has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this act.

Sec. 5. Exemptions.
(a) Nothing set forth in this act shall be construed as prohibiting an employer or employment agency from publishing, in print, on the Internet, or in any other medium, an advertisement for any job vacancy that contains any provision setting forth any other qualifications for a job, as permitted by law, including:
(1) (2) (3)
The holding of a current and valid professional or occupational license; A certificate, registration, permit, or other credential; or A minimum level of education, training, or professional, occupational, or
field experience. (b) Nothing in this act is intended to preclude an employer or employment agency from
examining the reasons underlying an individual’s status as unemployed in assessing an individual’s ability to perform a job or in otherwise making employment decisions about that individual.
(c) Nothing in this act shall be construed as prohibiting an employer or employment agency from publishing, in print, on the Internet, or in any other medium, an advertisement for any job vacancy that contains any provision stating that only applicants who are currently employed by the employer will be considered for employment.

Sec. 6. Oversight.
(a) The District of Columbia Office of Human Rights (“Office”) shall receive, review, and investigate complaints regarding violations of this act and shall take appropriate enforcement action regarding the complaints.

(b) The Office shall respond to a complaint arising pursuant to this act no later than one month after the complaint is filed.
(c) The Office shall assess civil penalties in all cases where the Office determines that an employer or employment agency has committed a violation of this act.
Sec. 7. Civil penalties.
(a) An employer or employment agency that the Office finds to have violated this act shall be subject to a civil penalty for a first violation of $1,000 per claimant, $ 5,000 per claimant for a second violation, and $10,000 per claimant for each subsequent violation, but not to exceed a total of $20,000 per violation. The Office shall collect the penalty from the violator and distribute the funds collected among any employee or potential employee who filed a claim regarding a violation of this act.
(b) Nothing set forth in this act shall be construed as creating, establishing, or authorizing a private cause of action by an aggrieved person against an employer or employment agency who has violated, or is alleged to have violated, the provisions of this act.
Sec. 8. Rules.
The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2–501 et seq.), shall issue rules to implement the provisions of this act. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 30-day review period, the proposed rules shall be deemed approved.
Sec. 9. Applicability.
This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.
Sec. 10. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). (Effective 5/12)