D.C. Mun. Regs. tit. 4, § 1702
Retaliation Prohibited
Effective Jul 29, 202269 DCR 009526Authority: Section 102(b) of the Universal Paid Leave Amendment Act of 2016 (“Universal Paid Leave Act”), effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.02(b)), section 18 of the District of Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code § 32-517), Mayor’s Order 2021-026, dated March 4, 2021, and Mayor’s Order 2009-45, dated March 31, 2009. Source: Final Rulemaking published at 69 DCR 009526 (July 29, 2022).District of Columbia, Office of the Secretary
1702.1 As provided in section 110(b) of the UPLA (D.C. Official Code § 32-541.10(b)), it is unlawful for an employer to retaliate in any manner against any other person because the person:
- (a) Opposes any practice made unlawful by the UPLA;
- (b) Files or attempts to file a charge, institutes or attempts to institute a proceeding, or facilitates the institution of a proceeding under the UPLA;
- (c) Requests, applies for, or uses paid-leave benefits under the UPLA; or
- (d) Gives any information or testimony in connection with an inquiry or proceeding related to the UPLA.
1702.2 Unlawful retaliation includes, but is not limited to:
- (a) Subjecting an employee to intimidation, threat, reprisal, harassment, or discrimination;
- (b) Subjecting an employee to an adverse employment action, absent a legitimate business reason, including discipline, discharge, suspension, transfer or assignment to a lesser position in terms of job classification, job security, or another term or condition of employment, including those terms and conditions enumerated in 4 DCMR § 506;
- (c) Reducing the pay or hours of work of an employee or denying an employee additional hours of work, absent a legitimate business reason;
- (d) Informing any prospective employer (whether or not covered under the UPLA) that the person has engaged in a protected activity described in § 1702.1 of this Chapter, absent a legitimate business reason;
- (e) Reporting, or threatening to report, the actual or suspected citizenship or immigration status of an employee, former employee, or family member of an employee or former employee, to a federal, state, or local agency; and
- (f) Engaging in conduct which would reasonably have the effect of discouraging a reasonable employee from accessing paid-leave benefits, absent a legitimate business reason.
SOURCE: Final Rulemaking published at 69 DCR 009526 (July 29, 2022).