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District of Columbia Civil Rights Laws
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District of Columbia civil rights laws, led by the D.C. Human Rights Act, prohibit discrimination based on a wide range of protected personal traits. These local laws provide more extensive protections than federal laws, making it illegal to treat people unfairly in employment, housing, and public accommodations. Washington, D.C.’s list of protected characteristics is one of the most comprehensive in the nation, covering traits like source of income, personal appearance, and gender identity.
Federal law, and some state laws, grant all U.S. citizens the right to be free from discrimination, regardless of race, religion, or any other arbitrary classification. We call these protections civil rights.
Lawmakers implemented civil rights laws primarily to protect minorities, people with disabilities, women, and other marginalized groups from unfair treatment. These laws often pertain to employment, public access, and housing.
In this article, we’ll discuss the civil rights laws in Washington, D.C., and what they protect, in comparison to federal civil rights laws. If you believe someone has violated your civil rights, consider consulting with a local discrimination attorney. They can help you understand the type of claim you may have and your options.
Federal Civil Rights Laws
Many civil rights protections, including those granted by state governments, stem from the Civil Rights Act of 1964. Congress passed this law to prohibit discrimination in public places and public accommodations. It was signed by President Lyndon Johnson.
The Civil Rights Act also accomplished the following:
- Prohibited employment discrimination
- Mandated the integration of educational institutions
- Established the Equal Employment Opportunity Commission (EEOC)
While the Civil Rights Act of 1964 was instrumental in ending systemic discrimination, other anti-discrimination laws also played a significant role.
Some of these include:
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
Once the federal government passed civil rights and anti-discrimination laws, most states (and the District of Columbia) followed suit.
The Washington, D.C. Human Rights Act
States can pass their own civil rights laws as long as these laws offer as much or more protection than the federal laws. Many jurisdictions, including Washington, D.C., have passed laws that expand citizens’ civil rights protections.
Lawmakers in the District of Columbia have passed laws that expand the protection offered by the federal Civil Rights Act of 1964. The D.C. Human Rights Act (DCHRA) is the most important of these laws. This human rights law prohibits unfair and unequal treatment based on specific protected characteristics.
Protected Traits in Washington, D.C.
The D.C. Human Rights Act and District of Columbia Code Division prohibit discrimination based on:
- Age
- Color
- Credit information
- Disability
- Familial status
- Family responsibilities (supporting someone who is a blood relative or legal dependent)
- Gender identity and expression
- Genetic information
- Homelessness
- Marital status
- Matriculation (being enrolled in college, university, or another secondary education program)
- National origin
- Personal appearance
- Place of residence or business
- Political affiliation
- Race
- Religion
- Sealed eviction record
- Sex
- Sexual orientation (LGBTQ, etc.)
- Source of income
- Being the victim of domestic violence (or other sexual offense)
Areas of Enforcement
Many of these protected characteristics apply to several important aspects of life, including:
- Education
- Employment
- Housing
- Public accommodations
- Government services
Some only apply to certain settings. For example, the protection against discrimination based on credit information only applies to employment, and the protection of sealed eviction records only applies to housing. Survivors of domestic violence are only protected from discrimination in housing and employment.
Employment Discrimination in D.C.
The law prohibits employers from encouraging or tolerating sexual harassment or discrimination based on most of the above-protected characteristics. This protection extends to both independent contractors and full-time employees.
In addition to sexual harassment, federal and local laws also protect workers from other types of discrimination. For example, companies cannot refuse to hire or promote someone based on a protected characteristic. Nor can they discriminate against employees regarding pay, working conditions, or other employment matters.
What Employers Are Covered by the D.C. Human Rights Act?
The D.C. Human Rights Act applies to all employers in Washington, D.C., regardless of their size. All employers, including those companies whose principal place of business is outside the District of Columbia, must abide by this law as long as they have a physical presence within the District.
The D.C. Human Rights Act also covers all workers, even independent contractors and unpaid interns. Many employment laws only apply to full-time and part-time workers. However, the lawmakers in D.C. chose to offer protection to all workers, regardless of their status.
Housing Discrimination in D.C.
Like other jurisdictions, the District of Columbia maintains laws against housing discrimination. In fact, Washington, D.C.’s anti-discrimination laws prohibit discrimination based on 21 traits, which go beyond the protections offered under federal law.
Some of these traits include:
- Race
- Family responsibilities
- Personal appearance
- Sexual orientation
- Familial status
- Source of income
Property owners cannot deny residence to someone based on their receiving housing vouchers or other income assistance. In addition, under Washington, D.C. law, eviction records are sealed, so prospective landlords cannot deny someone residence based on prior evictions.
Expanded Protections for People Without Housing
Homelessness is a problem across the United States, including the District of Columbia. It can be challenging for people to secure housing when they lack a permanent address.
In 2022, lawmakers in D.C. passed the Human Rights Enhancement Amendment Act of 2022 (DCHREAA), a law that added homeless status to the list of protected characteristics. This amendment also requires law enforcement to undergo special training on how to positively interact with and assist members of the homeless community.
How Do I File a Discrimination Complaint in D.C.?
If you believe you’ve been discriminated against at your job, while looking for a place to live, or while accessing important services, you can file a claim with the District of Columbia Office of Human Rights (OHR). There is no cost to file a complaint with this agency.
Since D.C.’s civil rights laws cover more protected characteristics, the OHR is usually the best place to start. However, you can also report discrimination to federal agencies:
- For employment discrimination, you can also file a claim with the EEOC called a “charge.”
- For housing discrimination, you can make a report with the U.S. Department of Housing and Urban Development (HUD).
- For discrimination in educational settings, you can contact the Department of Education’s Office for Civil Rights.
Reporting to a government agency is different from pursuing a private legal action against the other party. In some cases, filing a discrimination lawsuit may be the best way to resolve the situation. Depending on what type of claim you wish to pursue, you may need to report to a government agency first.
For example, you must make a complaint with the EEOC before filing a private claim for employment discrimination under federal law. For claims under the D.C. Human Rights Act, you have the option of either filing a complaint with the OHR or filing a lawsuit in D.C. Superior Court.
The statute of limitations (the deadline for filing a claim) in these types of cases is very strict. For most discrimination claims in D.C., you have one year from the date of the incident to file a complaint with the OHR or file a private lawsuit. It’s best to consult with an attorney early in the process to ensure you don’t miss this critical deadline.
Contact an Experienced Civil Rights Attorney in Washington, D.C.
State laws can change at any time through new legislation, higher court decisions, and other means. To learn how current laws might apply to your unique circumstances, it’s best to consult a District of Columbia civil rights lawyer or employment law attorney.
If you’ve been the victim of a hostile work environment or other form of discrimination, contact a local civil rights lawyer or employment law attorney. You have rights, and a skilled attorney will help protect them.
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