Employers should take note of several recent amendments to existing D.C. employment-related laws and a new restriction on cannabis in the workplace.

Three Key Changes to the D.C. Human Rights Act

The D.C. Council has amended the Human Rights Act (“DCHRA”), D.C.’s anti-discrimination law, in three important ways:

• (1) “individuals working or seeking work as an independent contractor,” are now protected under the law;
• (2) “homeless status,” is a new protected characteristic and;
• (3) harassing conduct is no longer required to be “severe or pervasive,” but rather may depend on the “totality of the circumstances.” The law provides that “no specific number of incidents or specific level of egregiousness is required.”

The amended law also now requires employers to post an Equal Employment Opportunity poster that accounts for these amendments. D.C. employers should revisit their employment policies and trainings to ensure they align with the new definition of harassment and coverage of independent contractors and are inclusive of homeless status as a new protected characteristic. In addition, employers should consider whether the extension of the law to independent contractors warrants changes in their practices and processes for recruiting, onboarding and terminating their relationships with independent contractors. For example, employers may want to consider utilizing a release that includes discrimination and harassment claims under this law where appropriate when severing the...

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