Section 4-801. GENERAL PROHIBITIQNS OF GENDER IDENTITY OR EXPRESSION DISCRIMINATION

 

801.1It shall be unlawful for any person or entity, including agencies of the District of Columbia government and its contractors, to discriminate against a person in employment, housing, public accommodations, or educational institutions on the basis of that person's actual or perceived gender identity or expression. Such unlawful discriminatory practices shall include but not be limited to the following in:

 

(a)EMPLOYMENT: failing to hire or promote; engaging in disparate treatment; engaging in unlawful termination and transfers; engaging in verbal or physical harassment; creation of a hostile environment; failing to make a reasonable accommodation when requested by the employee in accordance with 4 DCMR § 804 (1995); and denying access to restrooms and other gender specific facilities that are consistent with the employee's gender identity or expression.

 

(b)HOUSING AND COMMERCIAL SPACE: refusing to show, rent, or sell real property that is available for lease or sale; discriminating in financial transactions related to real property; engaging in disparate treatment by adding or using different terms or conditions in a lease; refusing to make or provide services, repairs, or improvements for any tenant or lessee; denying access to restrooms or gender specific facilities in common areas that are consistent with an individual's gender identity or expression; creating a hostile environment; and failing to stop or prevent harassment by co-tenants, landlords, or property managers.

 

(c)PUBLIC ACCOMMODATIONS: refusing to provide goods or services of any kind; engaging in disparate treatment in the provision of goods and services; engaging in verbal or physical harassment; creating a hostile environment; and denying access to restrooms and other gender specific facilities that are consistent with a customer's or client's gender identity or expression.

 

(d)EDUCATIONAL INSTITUTIONS: refusing or limiting educational opportunities in admission, matriculation, or access to extracurricular activities; engaging in disparate treatment of a student; engaging in or failing to prevent verbal or physical harassment; creating a hostile environment; and denying access to restrooms and other gender specific facilities that are consistent with a student's gender identity or expression.

 

(e)DISTRICT OF COLUMBIA GOVERNMENT: refusing to provide any facility, service, program, or benefit of the District of Columbia government; engaging in verbal or physical harassment; creating a hostile environment; and denying access to restroom facilities and other gender specific facilities that are consistent with a person's gender identity or expression.

 

801.2All entities covered under the Act shall clearly and explicitly communicate the District of Columbia's laws regarding gender identity or expression and other protected categories to all management, employees, and volunteers as required by D.C. Official Code § 2- 1402.51.

 

source

Final Rulemaking published at 53 DCR 8751, 8752-53 (October 27, 2006).