Section 4-808. HARASSMENT AND HOSTILE ENVIRONMENT

 

808.1All harassment and actions that create a hostile environment based on gender identity or expression shall be prohibited.

 

808.2The following behaviors may constitute evidence of unlawful harassment and hostile environment:

 

(a)Deliberately misusing an individual's preferred name form of address or gender-related pronoun;

 

(b)Asking personal questions about an individual's body, gender identity or expression, or gender transition;

 

(c)Causing distress to an individual by disclosing to others that the individual is transgender; and

 

(d)Posting offensive pictures, or sending offensive electronic or other communications.

 

In determining whether there is unlawful harassment or a hostile environment, the totality of the circumstances surrounding the alleged violation of the Act must be considered, including the nature, frequency, and severity of the behavior, whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with the alleged victim. Ultimately the standard is an objective one, focusing on whether the behavior was sufficiently severe or pervasive to alter the conditions of the victim's employment, housing, education, or access to or use of public accommodations, or relations with a District of Columbia agency or contractor, and to create an abusive environment.

 

source

Final Rulemaking published at 53 DCR 8751, 8755 (October 27, 2006).