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Call Lipp Law: (703) 896-7704
There are 18 protected classes for Washington, DC workers under the DC Human Rights Act (DCHRA):
A protected class means that a worker who falls within that category cannot be discriminated against based on that class, or if they are advocating for a worker who falls within that protected class. Washington, DC has some of the most expansive employment law protections for employees in the United States.
Any company that employs 1 or more employees, independent contractors, or unpaid interns who are physically working in Washington, DC are covered by the DC Human Rights Act. Also, employers that have a physical presence in Washington, DC are covered by the DCHRA.
All employees, independent contractors, and unpaid interns that physically perform their job duties in Washington, DC are covered by the DC Human Rights Act. The DCHRA broadly defines “employee,” and includes in its definition independent contractors and unpaid interns.
If an employee works in DC and is discriminated against in DC, then the DC Human Rights Act will apply. If the discrimination does not take place in DC, the DCHRA could still apply if the adverse employment decision was made in DC, or if the effects of that decision are felt in DC.
If an employee physically performs work remotely, or in multiple locations, the DC Human Rights Act looks to whether the “alleged discriminatory acts occurred in [DC].” Cole v. Boeing Co., 845 F.Supp.2d 277, 284 (D.D.C. 2012). So, if an employee works in Virginia, but travels to DC and is discriminated against in DC, the employee will be protected by the DCHRA.
Also, the DCHRA will apply to an adverse employment decision made in DC, or if the “effects” are “felt” in DC. Monteilh v. AFSCME, AFL-CIO, 982 A.2d 301, 303-305 (D.C. 2009).
There are 18 protected traits, also referred to as protected classes, that apply to employment in Washington, DC. These traits are covered in depth below.
Race is “classification or association based on a person’s ancestry or ethnicity.”[1]
Color is “skin pigmentation, including variations in skin pigmentation.”[2]
Religion is a “personal set or institutionalized system of attitudes, beliefs, and practices relating to a supernatural force or being, or its equivalent in secular faiths, including the presence or absence of commitment or devotion to any faith.”[3]
Religion does not need to be an organized religion, and can be something that you personally believe in.
National origin is “the state, country, or nation state where an individual or their ancestors are from.”[4]
Sex is “the state of being biologically male, female, or intersex including medical conditions and reproductive health decisions associated therewith.”[5]
Age covers “18 years of age or older,”[6] and not only protects older workers, but covers any kind of age discrimination. For employers with 20+ employees, they are covered by the Age Discrimination in Employment Act (ADEA), which is a federal statute protecting older workers aged 40+.
Marital status means “married, in a domestic partnership, single, divorced, separated or widowed, and the usual conditions associated therewith, including pregnancy or parenthood.”[7]
Personal appearance means “outward appearance, irrespective of sex and gender identity or expression, including hair style and color, facial hair, tattoos, body size or shape, and body piercings, subject to business requirements and standards.”[8]
Sexual orientation means “an individual’s romantic and/or sexual attraction for another person(s); includes relationship types such as aromantic, ethical non-monogamy, open relationships, polyamory, etc.”[9]
Gender identity or expression means “a gender-related identity, appearance, expression, or behavior of an individual, regardless of the individual’s assigned sex at birth.”[10]
Family responsibilities means “supporting an individual in a legal dependent or blood relationship, which includes, but is not limited to, children, grandchildren, and parents.”[11]
Political affiliation means “the state of belonging to or endorsing any political party.”[12]
Disability means “a physical or mental impairment substantially limiting one or more major life activities; physical can include auditory, speech, visual, and/or neurological impairments and mental can include cognitive and learning impairments.”[13]
Matriculation means “being enrolled in a college, university, or some type of secondary school or program, including vocational programs.”[14]
Genetic information means “an individual’s DNA or genetic predisposition, a family member’s genetic predisposition, information resulting from requests for genetic testing, or history which may indicate the likelihood or increase risk of an individual’s predisposition to develop a disease, illness, syndrome, or condition.”[15]
Credit information means “any written, oral, or other communication of information bearing on an employee’s creditworthiness, credit standing, credit capacity, credit score, or credit history.”[16]
Status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking (DVSOS) means “when an individual is a victim or family member of a victim of domestic violations, sexual offense, or stalking.”[17]
Employees who fall within this protected class can face disciplinary actions by employers when their aggressors attack them in the workplace or cause issues at their workplace. Also, employees who fall within this protected class may have to take time off work to attend court hearings or participate in the judicial process, requiring extra protections.
Homeless status means “an individual, family, or youth who lacks, lost, or will imminently lose a fixed, regular, and adequate nighttime residence, which can include the result of escaping an unsafe environment.”[18]
Washington, DC has a significant population of unhoused individuals, and this protected class is one of the most recent additions to the protections of the DCHRA for employees.
The DCHRA includes other protected traits that do not apply to employment, but apply to educational institutions, housing, and public accommodations or government services.
For educational institutions, housing, and public accommodations or government services, the trait of “source of income” is protected. This is not a protected trait for employment.[19]
For housing and public accommodations or government services, “place of residence or business” is a protected trait.[20]
For housing, “sealed eviction record” and “status as a victim of an intrafamily offense” are protected traits.[21]
It is important to know what are protected traits in your Washington, DC workplace. It can be confusing trying to figure this out without the help of a trained employment lawyer familiar with Washington, DC employment laws.
It can be difficult to determine what laws apply to a company that employs workers in multiple states. To receive legal advice specific to your situation regarding DC employment law, Lipp Law can help you. Contact The Lipp Law Firm today to receive legal advice regarding Washington, DC employment law. Lipp Law assists employers, executives, and professionals throughout Washington, DC, Maryland, and Virginia with employment law, business law, intellectual property law, and employment and business litigation.
[1] DC Office of Human Rights Website, Protected Traits Under the DC Human Rights Act, https://ohr.dc.gov/protectedtraits.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Id.
[18] Id.
[19] Id.
[20] Id.
[21] Id.
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