Code of the District of Columbia

§ 2–1411.05a. Mandatory workplace training.

(a)(1) The Office shall provide a sexual-harassment training course for employees of businesses that employ an employee who is paid in accordance with § 32-1003(f) or shall certify a list of providers who may provide such training in accordance with the requirements set forth in this section.

(2) The Office shall consult with groups representing victims, workers, and employers in the creation of a sexual-harassment training course.

(3) The training shall include how to respond to, intervene in, and prevent sexual harassment by co-workers, management, and patrons.

(4) The Office may delegate its responsibilities under this subsection to another agency subordinate to the Mayor.

(b) Employees of businesses that employ an employee who is paid in accordance with § 32-1003(f) shall receive the training according to the following schedule:

(1) Each employee shall receive training either in person or online no later than 90 days after hire, unless the employee has participated in training within the past 2 years.

(2) Employees hired before October 1, 2020, shall have 2 years from that applicability date to attend training either in person or online.

(3) Managers shall attend in-person training at least once every 2 years.

(c) Owners or operators of businesses that employ an employee who is paid in accordance with § 32-1003(f) shall attend training either in person or online at least once every 2 years.

(d) If an employee, manager, owner, or operator of a business that employs an employee who is paid in accordance with § 32-1003(f) participates in training from a provider certified by the Office, the employer shall submit a certification to the Office that the employee, manager, owner, or operator has completed the training required in subsection (a) of this section and shall do so no later than 30 business days after completion of the training.

(e) The Office shall maintain records of each individual who has taken the training required by subsection (a) of this section for at least 5 years.

(f) Each employer that employs an employee who is paid in accordance with § 32-1003(f) shall:

(1) No later than July 1, 2019, file with the Office a policy outlining how employees can report instances of sexual harassment to management and to the Office;

(2) No later than July 1, 2019, distribute the employer's sexual-harassment policy to employees and post the policy in a conspicuous place accessible to all employees in or about the premises of the employer;

(3) No later than December 13, 2018, document instances of sexual harassment reported to management, including whether the reported harasser was a non-managerial employee, managerial employee, owner, or operator; and

(4) No later than July 1, 2019, and annually thereafter, report to the Office the number of instances of sexual harassment reported to management and the total number of reported harassers who were non-managerial employees, managerial employees, owners, or operators.


(Oct. 20, 1999, D.C. Law 13-38, § 206a; as added Dec. 13, 2018, D.C. Law 22-196, § 5, 65 DCR 12049.)

Applicability

Section 7065 of D.C. Law 23-149 amended section 8 of D.C. Law 22-196 removing the applicability provision impacting this section. Therefore, the creation of this section by section 5 of Law 22-196 has been implemented.

Applicability of D.C. Law 22-196: § 8 of D.C. Law 22-196 provided that the creation of this section by § 5 of D.C. Law 22-196 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.