Washington D.C. Laws

District of Columbia Human Rights Act of 1977[1] 

To Whom Does It Apply? 

The D.C. Human Rights Act applies to all employers within the District of Columbia. “Employer” is defined broadly within the Code of the District of Columbia, and should be construed to include employers of independent contractors and part-time employees, as well as traditional full-time employees. 

Work Break Requirements.

An employer is required to provide reasonable, daily unpaid break periods to express breast milk. If any break period, paid or unpaid, is already provided to the employee, the break period required shall run concurrently with the break periods already provided. 

Employers are not required to provide break periods if it would create an undue hardship on the operations of the employer. 

Lactation Space Requirements.

Employers must make reasonable efforts to provide a sanitary room or location, other than a bathroom, in close proximity to the employee’s work area which is private and secure. The location may include a childcare facility in close proximity to the employee’s work location.

Additional Lactation-Related Rights.

In the District of Columbia, mothers have the right to breastfeed her child in any location, public or private. 

District of Columbia Protecting Pregnant Workers Fairness Act of 2014[2]

To Whom Does It Apply? 

The District of Columbia Protecting Pregnant Workers Fairness Act applies to all employers within the District of Columbia. “Employer” is defined broadly within the Code of the District of Columbia, and should be construed to include employers of independent contractors and part-time employees, as well as traditional full-time employees. 

Employers shall not:

                     (1)         Refuse to make reasonable accommodation to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding for an employee, unless the employer can demonstrate that the accommodation would impose an undue hardship;

                     (2)         Take adverse action against an employee who requests or uses a reasonable accommodation regarding the employee’s conditions of employment, including failing to reinstate the employee when the need for reasonable accommodations ceases to the employee’s original job or to an equivalent position with equivalent:

                                                (a)            pay,

                                                (b)            accumulated seniority and retirement,

                                                (c)            benefits, and

                                                (d)            other applicable service credits;

                     (3)         Deny employment opportunities based on reasonable accommodations related to pregnancy, childbirth, medical conditions, or breastfeeding;

                     (4)         Require an employee affected by pregnancy, childbirth, related medical conditions, or breastfeeding to accept an accommodation that the employee chooses not to accept if the employee does not have a known limitation related to pregnancy, childbirth, related medical conditions, or breastfeeding or the accommodation is not necessary for the employee to perform her duties; or

                     (5)         Require an employee to take leave if a reasonable accommodation can be provided.

Work Break Requirements.

The employer is required to provide reasonable accommodations for employees whose ability to perform their job duties is limited because of pregnancy, childbirth, or other related medical conditions, including more frequent or longer breaks. The employer and the employee shall engage in a timely and interactive discourse to determine a reasonable accommodation for the requesting employee.

Lactation Space Requirements.

Employers must provide a private space, which is not a bathroom, for an employee to express milk.