D.C. Mandates on Workplace Posting and Notices, as well as Sexual Harassment Training and Reporting, Finally to Take Effect.

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As we reported in our October 2018 E-Update, the District of Columbia had enacted a law imposing certain notice and posting requirements for all employers and broad new training and reporting obligations for employers of tipped workers. These mandates were tied to funding requirements that were not implemented, and consequently had not taken effect – until now, with the passage of a law that repeals the funding requirement.

The following mandates now will take effect after a 60-day Congressional review period ending on October 30, 2020:

Applicable to all private employers:

  • To post a new poster, forthcoming from the Mayor’s office, containing information about D.C. workplace rights in a conspicuous location, specifically including timeclocks and breakrooms. This will replace the individual posting requirements under various D.C. workplace laws.
  • To provide a binder or other compilation of the information from a new website to be created by the Mayor at each poster location. This information must be updated monthly.
  • The failure to comply with these posting and notice obligations is subject to a $100 per day fine.

Applicable to employers of tipped workers:

  • Mandatory sexual harassment training, either through a course developed by the Office of Human Rights (OHR) or from an OHR-certified provider:
    • New employees must receive in person or online training within 90 days after hire, unless they have received such training within the past two years.
    • Current employees must receive in person or online training within two years.
    • Owners and operators must receive in person or online training every two years.
    • Managers must receive in person training (online is not permitted) every two years.
    • Certification of the training completed by each individual must be provided to the OHR within 30 days.
  • Sexual harassment policy and reporting:
    • A policy that outlines how to report sexual harassment to management and to the OHR must be filed with the OHR.
    • The employer must distribute its sexual harassment policy to all employees and post the policy in conspicuous locations.
    • By the effective date of the law, employers must document instances of sexual harassment reported to management, including whether the reported harasser was a non-manager, a manager, an owner, or an operator.

Employers must annually report to OHR the number of sexual harassment complaints received by management, as well as the total number of reported harassers who were non-managers, managers, owners, and operators.