Washington DC Sexual Harassment Training

In 2018, the Tipped Wage Workers Fairness Amendment Act ("the Act") was passed, amending the District of Columbia Human Rights Act of 1977. As per the Act, employers in the District of Columbia are obligated to provide sexual harassment training to all employees, managers, owners, or operators of the organization if they hire employees who earn tips as wages.

The Act includes two primary compliance requirements: (1) Training and (2) Document Submission. The details for each requirement are as follows:

1. Training Compliance Requirements:

Employers are required to provide an anti-sexual harassment training course to their employees, managers, owners, and operators if they hire employees who earn tips as wages. The following individuals must receive the training:

• Employees
• Managers
• Owners
• Operators

The anti-sexual harassment training course must cover how to respond to, intervene in, and prevent sexual harassment by co-workers, management, and patrons. It should include information on identifying different types of sexual harassment and how to report incidents.

The training may be conducted using an OHR (Office of Human Rights) certified trainer, and the frequency of training and how it should be delivered is specified in the table below:

 Covered Individuals Training Platform Frequency                       

 Manager Must complete live in-person training. Every 2 years                       

 Owner or operator Must complete training either live in-person or online. Every 2 years                       

 Employee Must complete training either live in- person or online. Every 2 years                       

 New Employee Must complete training either live in- person or online. No later than 90 days after hire, 

unless the employee received the training within the past 2 years.    

The Act also includes document submission compliance requirements:

• Sexual harassment policy: Employers must have a sexual harassment policy that outlines how employees can report instances of sexual harassment to management and OHR. They must distribute the policy to all employees and post it in a conspicuous place accessible to all employees. Additionally, they must file the policy with OHR.
• Internal sexual harassment complaints: Employers must submit to OHR the number of instances of sexual harassment reported to management, along with the total number of reported harassers who were non-managerial employees, managerial employees, owners, or operators. 
• To submit the required documents and certifications to OHR, employers can use the Tipped Wage Documents and Certifications Online Form provided by OHR. The form is available at https://forms.dc.gov/f/OHRTWWFForm. Employers can fill out the required information and attach any necessary documents as per the form instructions. 

According to D.C. Code § 2-1411.05a(f)(4), employers are required to annually submit the total number of instances of sexual harassment reported to management, along with the number of reported harassers who were non-managerial employees, managerial employees, owners, or operators.

For calendar years 2020 and 2021, employers must submit this information by March 31, 2023. OHR will use the documents and information submitted for these years for informational purposes only.

For calendar year 2022, employers must submit this information by March 31, 2023.

For subsequent calendar years, employers must submit this information by March 31 of the following year (e.g., for 2023, employers must submit this information by March 31, 2024). 

If an employer did not receive any reports of sexual harassment during a calendar year, they must still submit the required documents and certifications to OHR. The employer should fill out the Tipped Wage Documents and Certifications Online Form and indicate that the number of claims is 0.