Although District of Columbia’s Tipped Wage Workers Fairness Amendment Act was passed in 2018, parts of that law, including mandatory sexual harassment training, are just now taking effect.
D.C. employers whose workers earn tips as wages (those for whom a tip credit is taken) (Covered Employers) must:
Provide mandatory sexual harassment training to their owners/operators and employees;
Submit their sexual harassment policy (which must meet certain requirements) to the D.C. Office of Human Rights (OHR); and
Report the number of sexual harassment complaints made to management in 2020, 2021, 2022, and thereafter.
The Act requires OHR to provide sexual harassment training materials or certify a list of trainers who are authorized to conduct harassment training for employers. The OHR has done both.
The OHR has certified a list of providers who are authorized to conduct mandatory sexual harassment training. It also has created a portal where employers must report that they have complied with these requirements.
Training of non-managers can be in person or online and must occur within 90 days of hire for new hires, unless the employee has participated in training within the past two years. Every two years, in-person harassment training is required for managers and in-person or online training is required for business owners and operators.
The OHR advises that for current employees and owner/operators, initial training sessions must occur by December...
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