Code of the District of Columbia

Part E. Educational Institutions.

§ 2–1402.41. Prohibitions.

It is an unlawful discriminatory practice, subject to the exemptions in § 2-1401.03(b), for an educational institution:

(1) To deny, restrict, or to abridge or condition the use of, or access to, any of its facilities, services, programs, or benefits of any program or activity to any person otherwise qualified, wholly or partially, for a discriminatory reason, based upon the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, political affiliation, source of income, or disability of any individual; or

(2) To make or use a written or oral inquiry, or form of application for admission, that elicits or attempts to elicit information, or to make or keep a record, concerning the race, color, religion, or national origin of an applicant for admission, except as permitted by regulations of the Office.

(3) Repealed.

(Dec. 13, 1977, D.C. Law 2-38, title II, § 241, 24 DCR 6038; Nov. 21, 1989, 103 Stat. 1284, Pub. L. 101-168, § 141(b); June 28, 1994, D.C. Law 10-129, § 2(f), 41 DCR 2583; Apr. 20, 1999, D.C. Law 12-242, § 2(g), 46 DCR 952; Oct. 1, 2002, D.C. Law 14-189, § 2(e), 49 DCR 6523; Mar. 8, 2006, D.C. Law 16-58, § 2(f), 53 DCR 14; May 2, 2015, D.C. Law 20-266, § 3(a), 62 DCR 1540.)

Prior Codifications

1981 Ed., § 1-2520.

1973 Ed., § 6-2251.

Effect of Amendments

D.C. Law 14-189, in par. (1), substituted “facilities, services, programs, or benefits of any program or activity” for “facilities and services” and substituted “actual or perceived: race” for “race”.

D.C. Law 16-58, in par. (1), substituted “sexual orientation, gender identity or expression,” for “sexual orientation,”.

The 2015 amendment by D.C. Law 20-266 repealed (3).

§ 2–1402.42. Exceptions regarding sex discrimination and age.

(a) Nothing in this chapter regarding sex discrimination in admission policy shall apply to any private undergraduate college or to any private preschool, elementary or secondary school; except that, when any of the above exempted colleges offers a course nowhere else available in the District, opportunity for admission to that course must be open to students of both sexes who otherwise meet lawful requirements for admission.

(b) It shall not be an unlawful discriminatory practice for the District of Columbia to prescribe minimum and maximum age limits for appointment to the police officer and firefighter cadet programs.

(Dec. 13, 1977, D.C. Law 2-38, title II, § 242, 24 DCR 6038; Mar. 9, 1983, D.C. Law 4-172, § 4(b), 29 DCR 5745.)

Prior Codifications

1981 Ed., § 1-2521.

1973 Ed., § 6-2252.