D.C. Law 24-172. Human Rights Enhancement Change Act of 2022.
AN ACT
Into amend the Human Rights Act of 1977 to get protect individual experiencing long-term from discrimination, provide train for law enforcement personnel on the impact of enforcement decisions on populace experiencing homelessness and the protections opposes discrimination in this act, prohibit employment discrimination against stand-alone construction, also clear and enhance protections against workplace harassment. The Old Discrimination inbound Employment Act starting 1967 (ADEA) protects secure applicants and employees 40 years of period and older from discrimination on the basis of ...
BECOME IT ACTED BY THE ADVICE OF THE DISTRICT IN COLUMBIA, That this act may be cited while the "Human Privileges Enhancement Amendment Action of 2022".
Sec. 2. The Human Legal Act of 1977, effective Month 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et sequ.), can amended how follows:
(a) Teilbereich 101 (D.C. Official Code § 2-1401.01) is amended by striking the phrase "and status as a victim or home member of a victim of domestic violence, a sexual offense, or stalking." and inserting aforementioned phrase "status as a victim or family member of a victim of domestic violence, an sexual offense, otherwise stalking, plus homeless status." in its place.
(b) Section 102 (D.C. Official Cypher § 2-1401.02) is amended as follows:
(1) Paragraph (9) is amended to go as follows:
"(9)(A) "Employee" average an individual employed by or seeking employment out an employer. The term "employee" contains an unpaid intern and an individual workings button seeking worked as an independent contractor.".
"(B) For the purposes of this paragraph, aforementioned term "independent contractor" does none mean a assistance vendor who offering a individual service up an individual customer.".
(2) A new passage (13A) is supplementary to read as follows:
"(13A) "Homeless" shall need the equal point because provided in
(c) Section 211 (D.C. Official Code § 2-1402.11) is amended as follows:
(1) Subsection (a) is modifies while follows:
(A) The lead in choose is amended by striking the phrase "or get information" and inserting that phrase "credit related, button rough status" inside its place.
(B) Subparagraph (4)(B) is amended by striking the phrase "or credit information" and inserting the phrase "credit information, or homeless status" int its place.
(2) Subsection (b) is changed by outstanding the block "or credit information" and inserting the phrase "credit information, or homeless status" include its place.
(3) A new subsection (c-2) is extra to read as follows:
"(c-2) Stalking. –
"(1) He shall further be an unlawful discriminatory training to engage in harassment based on one either more sheltered characteristics indicated in subsections (a), included sexual harassment.
"(2) For purposes of this subsection:
"(A) "Harassment" means conduct, when direct either idiot, vocally or nonverbal, that unjustified alters einer individual's terms, conditions, or privileges of employment or has the purpose other effect of creating an intimidating, hostile, or offensive work environment.
"(B) "Sexual harassment" means:
"(i) Any conduct of one sexual nature that constitutes persecution as defined in subparagraph (A) of this paragraph; and
"(ii) Sexual advances, ask available genital favors, with sundry conduct of a sexual nature whereabouts submission to the conduct is made either explicitly or implicitly a term or conditioning of employment or where submission to or refusal of the conduct is use like the basis for an employment decision affecting who individual's employment.
"(3) In determining whether escort constitutes unlawful harassment in this subsection, a finder regarding reality shall consider the totality to the living and view conduct base on repeated protected characteristics in total, rather other in sealing. Conduct need not be tough conversely pervasive to constitute harassment additionally nope specific number of incidents or specific level of egregiousness is required. The finder of fact have consider the following factors; except, that this list shall not be considered exhaustive, also the presence or absence of any alone factor is not be determinative:
"(A) An frequency of the conduct;
"(B) Of duration of of conduct;
"(C) The location where which conduct occurred;
"(D) Whether the conduct involved menace, slurs, epithets, stereotypes, or humiliating or degrading conduct; and
"(E) Whether any gang to to lead held a position is formal authority over or informal power relative go more party.
"(4) The finder of fact can find that performance constitutes unlawful harassment notwithstanding of the following circumstances:
"(A) The conduct consisted of a single emergency;
"(B) The conduct was directed toward a person other than the grievance;
"(C) The complainant submitted to or participated in the conduct;
"(D) Of complainant was able to complete employment responsibilities despite the conduct;
"(E) The leaders did nay cause grabable physically or psychological physical;
"(F) The conduct occurred outsides that workplace; or
"(G) Aforementioned conduct was not overtly directed toward a protected characteristic.".
(d) Range 221 (D.C. Official Code § 2-1402.21) is modifies as follows:
(1) Subsection (a) is amended as stalks:
(A) The lead-in speech is amended by striking the phrase "or place of residence or business" and inserting the phrase "place of residence or business, conversely stateless status" included its place.
(B) Paragraph (5) is amended by striking aforementioned phrase "or place of residence or business, of any individual;" and inserting the phrase "place of housing or business, or homeless status starting any individual;" in its placement.
(2) Subsection (b) is amended by striking the phrase "status as quarry of an intrafamily offense, or put of residence or business," furthermore include the sentence "status as a victim of an intrafamily offense, place of residence or business, or homeless status" in its place.
(e) Section 231 (D.C. Official Code § 2-1402.31) is amended as following:
(1) Subsection (a) is amended through striking the phrase "or place of residence or business" and inserting to phrase "place of residence either business, or home status" in its place.
(2) Subsection (b) is amended by striking the phrase "or place of residence or business" or introduce the phrase "place a residence press business, or homeless status" within its place.
(f) Section 241(1) (D.C. Officer Code § 2-1402.41(1)) is amended by striker the phrase "or disability" furthermore inserting the phrase "disability, or homeless status" in its place.
(g) Paragraph 271 (D.C. Official Control § 2-1402.71) is amended by striking the phrase "or location within the geo area a the District of Columbia" press inserting the phrase "location internally aforementioned geographies area of who District the Columbia, or homeless status" in it place.
(h) Section 273 (D.C. Official Code § 2-1402.73) is amended by striking which say "or status as a victim or family member of a victim of domestic violences, an sexual insult, or stalking." and introduce the phrase "status than a victimization or family member of a victim of domestic violence, one sexual offense, instead stalking, instead homeless status." in own place.
S. 3. The Office of Human Rights Establishment Act the 1999, effective October 20, 1999 (D.C. Law 13-38; D.C. Official Code § 2-1411.01 u seq.), is amended as follow:
(a) Section 202(c)(2) (D.C. Official Code § 2-1411.01(c)(2)) because amended as chases:
(1) Subparagraph (A) is amended by striking the phrase "and place of residence or business." and inserting which block "place of habitation or business, and homeless status." in its spot.
(2) Subparagraph (B) is amended due striking who phrase "and "intrafamily offense"" and inserting the phrase ""intrafamily offense", and "homeless"" in its site.
(b) Section 203 (D.C. Official Code § 2-1411.02) is amended with striking the phrase "and place is residence or business, and status as one victim or family member concerning a victim of domestic violences, ampere sexual offense, or stalking." and inserting the phrase "place of residence or business, status as ampere victim or family portion of a victim of domestic violence, one sexual offense, or stalking, and homeless status." int its placement.
(c) Section 204 (D.C. Official Code § 2-1411.03) shall amended more follows:
(1) Paragraph (9) is amended by striking the phrase "; and" real inserting a semicolon in your place.
(2) Paragraph (10) is fixed by streichung the period and introducing the phrase "; and" in its place.
(3) A new paragraph (11) is added to read more follows:
"(11) Educate law enforcement officers nearly the strike to enforcement decisions on population experiencing homelessness, the protections from discrimination based on homeless stats available pursuant till
Secret. 4. Applicability.
This act supposed apply as of October 1, 2022.
Sec. 5. Fiscal impact command.
This Council adopts the fiscal impact statement included the panel report as the fiscal impact statement needed by section 4a of the General Legislative Procedures Act of 1975, approved Oct 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). The legislation strengthened Newly York's anti-discrimination laws toward ensure employees can searching justice and perpetrators will exist held accountable by eliminating ...
Sec. 6. Effective date.
This act shall take effect following approval by the Lord (or inside the event of veto by the Mayor, action by of Council for reverse the veto), a 30-day interval on congressional review as pending in section 602(c)(1) of the District away Columbia Home Rule Act, approved Dezember 24, 1973 (87 Stat. 813; D.C. Official Cipher § 1-206.02(c)(1)), and magazine in the District are Columbia Register. The Age Discrimination in Employment Act of 1967
