Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                            AN ACT

                                          ____________

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                    ____________________

To amend the Human Rights Act of 1977 to help protect individuals experiencing homelessness

      from discrimination, provide training for law enforcement personnel on the impact of

      enforcement decisions on people experiencing homelessness and the protections against

      discrimination in this act, prohibit employment discrimination against independent

      contractors, and clarify and enhance protections against workplace harassment.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the Human Rights Enhancement Amendment Act of 2022.

        Sec. 2. The Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38;

D.C. Official Code  2-1401.01 et seq.), is amended as follows:

        (a) Section 101 (D.C. Official Code  2-1401.01) is amended by striking the phrase and

status as a victim or family member of a victim of domestic violence, a sexual offense, or

stalking. and inserting the phrase status as a victim or family member of a victim of domestic

violence, a sexual offense, or stalking, and homeless status. in its place.

        (b) Section 102 (D.C. Official Code  2-1401.02) is amended as follows:

                 (1) Paragraph (9) is amended to read as follows:

                 (9)(A) Employee means an individual employed by or seeking employment

from an employer. The term employee includes an unpaid intern and an individual working or

seeking work as an independent contractor..

                         (B) For the purposes of this paragraph, the term independent contractor

does not mean a service vendor who provides a discrete service to an individual customer..

                 (2) A new paragraph (13A) is added to read as follows:

                 (13A) Homeless shall have the same meaning as provided in section 2(18) of

the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C.

Official Code  4-751.01(18))..

        (c) Section 211 (D.C. Official Code  2-1402.11) is amended as follows:

                 (1) Subsection (a) is amended as follows:

                         (A) The lead in language is amended by striking the phrase or credit

information and inserting the phrase credit information, or homeless status in its place.

                                                 1

                                                                         ENROLLED ORIGINAL

                          (B) Subparagraph (4)(B) is amended by striking the phrase or credit

information and inserting the phrase credit information, or homeless status in its place.

                 (2) Subsection (b) is amended by striking the phrase or credit information and

inserting the phrase credit information, or homeless status in its place.

                 (3) A new subsection (c-2) is added to read as follows:

        (c-2) Harassment. 

                 (1) It shall further be an unlawful discriminatory practice to engage in

harassment based on one or more protected characteristics specified in subsection (a), including

sexual harassment.

                 (2) For purposes of this subsection:

                          (A) Harassment means conduct, whether direct or indirect, verbal or

nonverbal, that unreasonably alters an individuals terms, conditions, or privileges of

employment or has the purpose or effect of creating an intimidating, hostile, or offensive work

environment.

                          (B) Sexual harassment means:

                                  (i) Any conduct of a sexual nature that constitutes harassment as

defined in subparagraph (A) of this paragraph; and

                                  (ii) Sexual advances, requests for sexual favors, or other conduct

of a sexual nature where submission to the conduct is made either explicitly or implicitly a term

or condition of employment or where submission to or rejection of the conduct is used as the

basis for an employment decision affecting the individuals employment.

                 (3) In determining whether conduct constitutes unlawful harassment under this

subsection, a finder of fact shall consider the totality of the circumstances and view conduct

based on multiple protected characteristics in totality, rather than in isolation. Conduct need not

be severe or pervasive to constitute harassment and no specific number of incidents or specific

level of egregiousness is required. The finder of fact shall consider the following factors; except,

that this list shall not be considered exhaustive, and the presence or absence of any single factor

shall not be determinative:

                          (A) The frequency of the conduct;

                          (B) The duration of the conduct;

                          (C) The location where the conduct occurred;

                          (D) Whether the conduct involved threats, slurs, epithets, stereotypes, or

humiliating or degrading conduct; and

                          (E) Whether any party to the conduct held a position of formal authority

over or informal power relative to another party.

                 (4) The finder of fact may find that conduct constitutes unlawful harassment

regardless of the following circumstances:

                          (A) The conduct consisted of a single incident;

                          (B) The conduct was directed toward a person other than the

complainant;

                                                  2

                                                                       ENROLLED ORIGINAL

                       (C) The complainant submitted to or participated in the conduct;

                       (D) The complainant was able to complete employment responsibilities

despite the conduct;

                       (E) The conduct did not cause tangible physical or psychological injury;

                       (F) The conduct occurred outside the workplace; or

                       (G) The conduct was not overtly directed toward a protected

characteristic..

        (d) Section 221 (D.C. Official Code  2-1402.21) is amended as follows:

                 (1) Subsection (a) is amended as follows:

                        (A) The lead-in language is amended by striking the phrase or place of

residence or business and inserting the phrase place of residence or business, or homeless

status in its place.

                        (B) Paragraph (5) is amended by striking the phrase or place of residence

or business, of any individual; and inserting the phrase place of residence or business, or

homeless status of any individual; in its place.

                 (2) Subsection (b) is amended by striking the phrase status as victim of an

intrafamily offense, or place of residence or business, and inserting the phrase status as a

victim of an intrafamily offense, place of residence or business, or homeless status in its place.

        (e) Section 231 (D.C. Official Code  2-1402.31) is amended as follows:

                 (1) Subsection (a) is amended by striking the phrase or place of residence or

business and inserting the phrase place of residence or business, or homeless status in its

place.

                 (2) Subsection (b) is amended by striking the phrase or place of residence or

business and inserting the phrase place of residence or business, or homeless status in its

place.

        (f) Section 241(1) (D.C. Official Code  2-1402.41(1)) is amended by striking the phrase

or disability and inserting the phrase disability, or homeless status in its place.

        (g) Section 271 (D.C. Official Code  2-1402.71) is amended by striking the phrase or

location within the geographical area of the District of Columbia and inserting the phrase

location within the geographical area of the District of Columbia, or homeless status in its

place.

        (h) Section 273 (D.C. Official Code  2-1402.73) is amended by striking the phrase or

status as a victim or family member of a victim of domestic violence, a sexual offense, or

stalking. and inserting the phrase status as a victim or family member of a victim of domestic

violence, a sexual offense, or stalking, or homeless status. in its place.

       Sec. 3. The Office of Human Rights Establishment Act of 1999, effective October 20,

1999 (D.C. Law 13-38; D.C. Official Code  2-1411.01 et seq.), is amended as follows:

       (a) Section 202(c)(2) (D.C. Official Code  2-1411.01(c)(2)) as amended as follows:

                                                 3

                                                                       ENROLLED ORIGINAL

                 (1) Subparagraph (A) is amended by striking the phrase and place of residence or

business. and inserting the phrase place of residence or business, and homeless status. in its

place.

                 (2) Subparagraph (B) is amended by striking the phrase and intrafamily

offense and inserting the phrase intrafamily offense, and homeless in its place.

        (b) Section 203 (D.C. Official Code  2-1411.02) is amended by striking the phrase and

place of residence or business, and status as a victim or family member of a victim of domestic

violence, a sexual offense, or stalking. and inserting the phrase place of residence or business,

status as a victim or family member of a victim of domestic violence, a sexual offense, or

stalking, and homeless status. in its place.

        (c) Section 204 (D.C. Official Code  2-1411.03) is amended as follows:

                 (1) Paragraph (9) is amended by striking the phrase ; and and inserting a

semicolon in its place.

                 (2) Paragraph (10) is amended by striking the period and inserting the phrase ;

and in its place.

                 (3) A new paragraph (11) is added to read as follows:

                 (11) Educate law enforcement officers about the impact of enforcement

decisions on people experiencing homelessness, the protections from discrimination based on

homeless status available pursuant to this act, and how to refer allegations of discrimination to

the Office for evaluation..

       Sec. 4. Applicability.

       This act shall apply as of October 1, 2022.

       Sec. 5. Fiscal impact statement.

       The Council adopts the fiscal impact statement in the committee report as the fiscal

impact statement required by section 4a of the General Legislative Procedures Act of 1975,

approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

       Sec. 6. Effective date.

       This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), a 30-day period of congressional review as

provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

                                                4

                                                                       ENROLLED ORIGINAL

24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

Columbia Register.

               ______________________________

               Chairman

               Council of the District of Columbia

_________________________________

Mayor

District of Columbia

                                                5