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September 2022: Reminder: District of Columbia Employers of Tipped Workers Must Conduct Sexual Harassment Training

30 Aug

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Update Applicable to:
All employers of tipped workers in Washington D.C.

What happened?
On October 30, 2020, Washington D.C’s B22-013 went into effect, which mandates sexual harassment training applicable to employers of tipped workers, including employees, managers, owners, and operators of these businesses. Generally, employees must receive sexual harassment training.

What are the details?
Generally, employees must receive sexual harassment training within 90 of hire. Current employees must receive the training by October 1, 2022. Managers, owners, and operators must receive the training at least once every two years.  Sexual harassment training may be provided by either the Office of Human Rights (OHR) or a certified provider. Employers whose employees, managers, owners, or operators participate in training by a certified provider must, within 30 days, certify to the OHR that the individual has completed the training.

Training Requirement
The Act requires OHR to provide sexual harassment training materials or certify a list of trainers authorized to conduct harassment training for employers. The OHR has done both.

The OHR has certified a list of providers 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 owners/operators, initial training sessions must occur by December 31, 2022. Covered Employers are required to:

  1. Issue a sexual harassment policy that includes information about how to report instances of sexual harassment to the employer and OHR;
  2. Distribute that policy to employees; and
  3. Post the policy in a location accessible to employees.

Covered Employers also must post the OHR’s fact sheet (on employee rights and how to file a complaint) in an accessible location and follow up on all harassment complaints. Covered Employers must use the same OHR portal to certify that they have taken these steps and upload a copy of their sexual harassment policy. These requirements are retroactive; employers must certify their sexual harassment policy in 2020 and 2021 and confirm that all employees received the policy.

All documents and certifications for 2020 and 2021 must be submitted by September 30, 2022.

Reporting Sexual Harassment Claims
Covered Employers must start reporting how many complaints of harassment they have received from all employees, making a retroactive report to the OHR for 2020 and 2021, and indicate whether the alleged harasser was an owner, operator, manager, coworker, or customer. These reports are due on the portal by December 31 of the applicable calendar year.

Although not new, as a reminder, the Act requires Covered Employers to conduct training on the District’s wage payment and collection law for all business owners or operators who employ tipped workers and all managers in such businesses. Training must take place at least annually. Further, the Act requires such employers to offer employees, on at least an annual basis, the opportunity to attend or complete training on the Act.

OHR has a dedicated website providing additional information on the requirements of the Act.

For more information, please see the links below:

OHR’s Fact Sheet

OHR Website

List of Providers

Portal

Article 1Article 2

What do employers need to do?
Employers should review the links provided above, ensure their sexual harassment policy is up-to-date, and include information on how to report harassment to management and the OHR. Sexual harassment policies should be distributed to employees, posted in an accessible location, and uploaded to the OHR portal.


This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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