Employers in the District of Columbia should be aware that, effective October 1, 2022, the Human Rights Enhancement Amendment Act expanded the D.C. Human Rights Act ("DCHRA") in several significant ways. Specifically, pursuant to the amendment, the definition of "employees" protected from discrimination under the DCHRA now includes independent contractors and unpaid interns. The amendment also protects individuals experiencing homelessness from discrimination, and codifies protections against workplace harassment.
The DCHRA prohibits discrimination in housing, employment, public accommodations and educational institutions, and renders discrimination illegal based on a number of protected characteristics for people that live, visit, or work in D.C. Prior to the amendment, an "employee" was defined in the DCHRA as an individual employed by or seeking employment from an employer. Now, the term "employee" also includes an individual working or seeking work as an independent contractor, as well as unpaid interns. While the DCHRA does not define "independent contractor," it does note that the phrase does not "mean a service vendor who provides a discrete service to an individual customer."
Protected characteristics under the DCHRA for housing, employment, public accommodations and educational institutionsinclude race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities,...
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