The “Domestic Workers Employment Rights Amendment Act of 2022,” went into effect on October 1, 2023, ensuring that almost 9,000 domestic workers are now protected under the DC Human Rights Act. Prior to the passage of the Act, domestic workers operated without the essential safeguards for workplace discrimination that their counterparts in other industries have long been entitled to. Now, domestic workers who feel their rights were violated in the context of their employment can submit claims for discrimination to the DC Office of Human Rights (OHR).
Under the Act, employers are prohibited from discriminating against a domestic worker on the basis of 18 protected traits for employees. Discriminatory actions include failure to hire, subjecting an employee to a hostile work environment, sexual harassment, and retaliation for filing a complaint with OHR.
The Act defines a domestic worker as, “an individual who performs domestic services for compensation in or around the private residence of another.” Some examples of domestic services outlined in the Act include, “child care,” “aiding an elderly person or a person with a disability,” “organizing, managing, or cleaning the home,” and “cooking, preparing, or serving food.” The Act’s definition of domestic workers excludes family members, individuals who primarily perform household repairs like plumbing and painting, individuals providing pet-care, and workers who provided irregular or occasional services.
The Act amends the definition of an employer to include any entity or person who employs a domestic worker in their household for 5 or more hours per month. It also amends the Office of Human Rights Establishment Act of 1999 to require OHR to create written guidance concerning the employment of domestic workers. For more information on the act, visit this website. If you believe you may be experiencing discrimination at your workplace, please contact us today.
