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Legal Information: District of Columbia

District of Columbia Workplace Protections

Workplace Protections

Employment Discrimination

Can an employer refuse to hire me because I am a victim?

If you are a victim or the family member of a victim of domestic violence, a sexual offense, or stalking, an employer cannot take certain actions against you based on the fact that:

  • you decided to take legal action, which includes getting ready for or participating in any civil or criminal legal case related to or resulting from domestic violence, a sexual offense, or stalking;
  • you got yourself physical or mental health services or counseling because of the incident; or
  • the abuser caused a disruption or made a threat to your employment relating to the domestic violence, sexual offense, or stalking that you or your family member experienced.1

The actions that an employer cannot take against you are:

  • failing or refusing to hire you;
  • firing you;
  • taking away compensation, terms, conditions, or privileges of employment, including a promotion; or
  • separating, limiting, or classifying you in a way that would deny you employment opportunities or negatively impact your employment status.2

1 D.C. Code § 2–1402.11(c-1)(1)
2 D.C. Code § 2–1402.11(c-1)(1), (a), (b)

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Can an employer tell others about my situation?

If your employer shares any information about the fact that you or your family member are a victim of domestic violence, a sexual offense, or stalking, your employer is committing illegal discrimination against you. However, your employer would not be discriminating against you by sharing information about your status as a victim of domestic violence, a sexual offense, or stalking if:

  • you asked or gave written permission to your employer to share that information;
  • a court or administrative agency ordered your employer to share information about your status;
  • your employer is legally required to share information;
  • the information is shared with a law enforcement agency;
  • sharing information is needed to protect other employees from harm; or
  • sharing information is needed to provide you with an accommodation.1

1 D.C. Code § 2–1402.11(c-1)(3)(A)

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What are my rights to feel safe and secure in the workplace?

If needed, your employer must make reasonable accommodations to make sure you are safe and secure if you are a victim or your family member is a victim of domestic violence, a sexual offense, or stalking. Some examples of reasonable accommodations include:

  • being transferred;
  • being reassigned;
  • changing your schedule;
  • taking leave;
  • changing your work station;
  • changing your work telephone number or email address;
  • having locks installed at work;
  • getting help with documenting domestic violence, a sexual offense, or stalking that happened at your work; or
  • using another safety procedure in response to an incident or threat of domestic violence, a sexual offense or stalking.1

However, your employer does not have to provide the accommodation if it would cause an “undue hardship” to provide it.2 Providing an accommodation would be considered an undue hardship to your employer if it would be very difficult or expensive because of the size of your workplace, your employer’s financial situation, or the way your workplace operates.3

1 D.C. Code § 2–1402.11(c-1)(4)
2 D.C. Code § 2–1402.11(c-1)(2)
3 D.C. Code § 2–1402.11(c-1)(4)(B)

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Paid Leave

Who does this law protect?

This law protects you if you are an employee in Washington, D.C. by requiring your employer to provide you with a certain amount of paid leave. It applies to any employee, not just victims of domestic violence or sexual abuse. The amount of leave that you can get depends on how many people work at your place of employment and how many hours you work. You can use this paid leave for certain activities related to injury, illness, child care, or domestic violence, including getting protection because of domestic violence, stalking, or sexual abuse.1

1 D.C. Code § 32–531.02

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How does this law protect me?

Washington, D.C.’s paid leave law protects you by requiring your employer to provide you with paid leave. Although many places of employment already give their employees paid leave, such as vacation days, sick leave, or personal time, some do not. This law requires all employers to provide, at a minimum, the following amount of paid leave. However, employers may choose to provide more. The law requires that:

  • If the place where you work has 100 or more employees, your employer must give you at least one hour of paid leave for every 37 hours worked, but not more than seven days per calendar year.
  • If your workplace has between 25 and 99 employees, your employer must give you at least one hour of paid leave for every 43 hours worked, but not more than five days per calendar year.
  • If your workplace has less than 25 employees, your employer must give you at least one hour of paid leave for every 87 hours worked, but not more than three days per calendar year.1

If you are not allowed to receive overtime payments, your employer only has to give you paid leave for a 40-hour work week even if you work more than forty hours.1

If you or your family member are a victim of domestic violence, stalking, or sexual abuse, the law also protects you by allowing you to use this paid leave for certain abuse-related appointments (and other obligations).2

1 D.C. Code § 32–531.02(a)
2 D.C. Code § 32–531.02(b)

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Can I take paid time off of work to deal with matters related to domestic violence, stalking, or sexual abuse?

You can use your paid leave to:

  • get yourself medical help or get your family member medical help to recover from a physical or psychological injury or disability caused by domestic violence,stalking, or sexual abuse;
  • get services from a victim services organization;
  • get psychological or other counseling;
  • temporarily or permanently move;
  • take legal action, which includes getting ready for or participating in any civil or criminal legal case related to or resulting from the domestic violence, stalking, or sexual abuse; or
  • take other actions to increase your or your family members’ physical, psychological, or economic health or safety or to increase the safety of the people who interact (associate) with you or work with you.1

1 D.C. Code § 32–531.02(b)(4)(A)-(F)

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What other types of issues can I use my paid time off to handle?

In addition to using your paid leave to handle certain domestic violence-related matters, you can also use your paid leave:

  • because of your physical or mental illness, injury, or medical condition;
  • to get a professional medical diagnosis or care, or preventive medical care for yourself; or
  • to care for a child, a parent, a spouse, domestic partner, or any other family member who has any of the conditions mentioned above or who has the need for diagnosis or care for a mental illness, injury, or medical condition.1

1 D.C. Code § 32–531.02(b)(1)-(3)

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Do I need to provide my employer with notice to use my paid leave?

The law does not require that you give your employer a certain amount of notice to use your leave. However, you are expected to make a reasonable effort to schedule to use your paid leave in a way that does not significantly disrupt your employer’s business.1

1 D.C. Code § 32–531.02(C)(4)(d)

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Unemployment Insurance

What is unemployment insurance?

Unemployment is weekly cash assistance that you might be able to receive if:

  • you are recently out of work; or
  • are working less than full-time; and
  • meet other eligibility requirements.
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Who can get unemployment insurance?

You may be able to get unemployment insurance if you:

  • are not at fault for your unemployment;
  • have earned a minimum amount in wages before becoming unemployed; and
  • are willing and able to work and are looking for a job.1

1 D.C. Code § 51-109

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Can I receive unemployment insurance if I have to leave my job or if I am fired because of domestic violence?

Under D.C. law, if you lose your job by being fired or for voluntary or involuntary resignation due to domestic violence against you or any of your immediate family members, you are still allowed to receive unemployment insurance payments.1

1 D.C. Code § 51-131(a)

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Do I have to provide any evidence of domestic violence to receive unemployment insurance?

If you are filing for unemployment insurance because you lost your job due to domestic violence, you may have to provide one of the following:

  • a police report or record;
  • a governmental agency or court record, such as a court order, a Petition for a Civil Protection Order, or a record or report from Child and Family Services; or
  • a written statement, which states that you looked for help for domestic violence from the service organization, signed by a:
    • shelter official;
    • social worker;
    • counselor;
    • therapist;
    • attorney
    • medical doctor; or
    • a religious leader (cleric).1

1 D.C. Code § 51-132

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Where can I file for unemployment insurance or find more information?

Legal Information

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