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DC Approves New Employment Protections for Victims of Domestic Violence

03/07/19

Author: ADP Admin/Monday, March 4, 2019/Categories: State Compliance Update, Washington, D.C.

DC Approves New Employment Protections for Victims of Domestic Violence Overview: The District of Columbia has enacted legislation (Act A22-0609) that will provide additional employment protections to victims and family members of victims of domestic violence, sexual offenses, and stalking. Act A22-0609 applies to all employers.

Effective Date: March 14, 2019
Details:
Act A22-0609 amends the District of Columbia Human Rights Act to prohibit discrimination against victims and family members of victims of domestic violence, sexual offenses, and stalking.

Specifically, the law prohibits employers from discriminating against an employee based wholly or partially on the fact that:
  • They attended, participated in, prepared for, or requested leave for a criminal, civil, or administrative proceeding, including meetings with an attorney or law enforcement officials;
  • They sought physical or mental health treatment or counseling; or
  • An individual caused a disruption at the employee’s workplace or made a threat to an employee’s employment.
Employers must also provide reasonable accommodations for an employee who is a victim or a family member of a victim of domestic violence, a sexual offense, or stalking when an accommodation is necessary to ensure the person’s security and safety, unless such an accommodation would cause the employer undue hardship.

For the purposes of the law, a reasonable accommodation may include:
  • Transfer
  • Reassignment
  • Modified Schedule
  • Leave
  • Changed work station
  • Changed work phone number or email address
  • Installed lock
  • Assistance in documenting domestic violence, a sexual offense, or stalking that occurs in the workplace
  • The implementation of another safety procedure in response to actual or threatened incidents
An undue hardship is defined as any action that requires significant difficulty or expense when considered in relation to factors such as the size of the employer, its financial resources, and the nature and structure of its operation.

The law also prohibits employers from disclosing any information related to an employee’s status as a victim or family member of a victim.

Action Required: DC employers should review their nondiscrimination, reasonable accommodation, and related policies and procedures to ensure compliance.

Please contact your dedicated service professional with any questions.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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