Employment is a human right. It is fundamental to human dignity and social inclusion. The impacts of an unjust job action or unfavorable working conditions can be so severe that laws to prevent them need to be updated. In Washington, D.C., most employees (other than federal government employees) benefit from robust protections enforced under the D.C. Human Rights Act (DCHRA).
The recently expanded DCHRA has a broader scope than federal workplace anti-discrimination laws. The latest amendments to the document make it more inclusive for:
- Individual contractors
- People experiencing homelessness
- Victims of workplace harassment
DCHRA isn’t limited to employment protections. It also covers discrimination in housing, public accommodations and educational institutions. But for employees, in particular, some key elements include:
Broader definition of employee
Before its amendment, DCHRA defined an employee as an individual employed by or pursuing employment from an employer. The definition now explicitly covers:
- Individuals working or seeking work as independent contractors
- Unpaid interns
This shift benefits a substantial workforce as the gig economy expands.
Comprehensive list of protected characteristics
DCHRA prohibits discrimination based on 23 protected actual or perceived traits. Those enforced for employment include:
- Age
- Race
- National origin
- Color
- Gender identity or expression
- Sex
- Sexual orientation
- Personal appearance
- Disability
- Genetic information
- Family responsibilities
- Marital status
- Credit information
- Matriculation (status as a college or vocational school student)
- Homeless status
- Political affiliation
- Religion
- Status as a victim or relative of a victim of a sexual offense, domestic violence or stalking
Adding the homeless status protects those without a fixed, regular and adequate nighttime home.
Definitions for workplace harassment and sexual harassment
The DCHRA previously required that harassment meet a “severe or pervasive” standard. The D.C. Council has amended and broadened the definitions to:
- Harassment: Direct or indirect conduct that unreasonably alters an individual’s terms, conditions or benefits of employment, including actions that create an intimidating, hostile or offensive work environment
- Sexual harassment: Harassment of a sexual nature, such as requests or demands for sexual favors, sexual advances or other sexual conduct made either explicitly or implicitly a condition for continued employment, or the employee’s submission to or rejection of the sexual advances is the basis for an employment decision.
Knowing your rights helps you avoid exploitation or abuse by employers and co-workers. It can help you ensure security for your family and empower others to do the same. If you suspect harassment or discrimination in the workplace, consulting an employment law attorney is advisable.
