§ 32–531.08. Prohibited acts.

(a) A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided by this subchapter.

(b) An employer shall not discharge or discriminate in any manner against an employee because the employee:

(1) Opposes any practice by an employer made unlawful by this subchapter;

(2) Pursuant or related to this subchapter:

(A) Complains to the employer;

(B) Files a complaint with the Department of Employment Services;

(D) Informs any person about an employer’s alleged violation of this subchapter;

(E) Cooperates with the Department of Employment Services or another person’s investigation or prosecution of any alleged violation of this subchapter;

(F) Opposes any policy, practice, or act that is a violation of this subchapter; or

(G) Informs any person of his or her rights under this subchapter.

(3) Gives any information or testimony in connection with an inquiry or proceeding related to this subchapter; or

(4) Uses paid leave provided under this subchapter.

(c) Nothing in this subchapter shall prohibit an employer from establishing and enforcing a lawful policy relating to improper use of paid leave or from seeking more frequent certifications from an employee if there is evidence of a pattern of abuse of paid leave.

(d) An employer taking an adverse action against an employee within 90 days of any of the actions set forth in subsection (b)(2) of this section shall raise a rebuttable presumption that the employer has violated this subchapter.

(e) It shall be unlawful for an employer’s absence control policy to count paid leave taken under this subchapter as an absence that may lead to, or result in, discipline, discharge, demotion, suspension, or other adverse action.

(May 13, 2008, D.C. Law 17-152, § 9, 55 DCR 3452; Feb. 22, 2014, D.C. Law 20-89, § 2(d), 61 DCR 317; Feb. 26, 2015, D.C. Law 20-157, § 4(b), 61 DCR 10157.)

Prior Codifications

2001 Ed., § 32-131.08.

Section References

This section is referenced in § 32-131.02.

Effect of Amendments

The 2015 amendment by D.C. Law 20-157 substituted “civil or administrative complaint” for “civil complaint” in (b)(2)(C); and substituted “a violation of this chapter” for “unlawful under this chapter” in (b)(2)(F).

The 2014 amendment by D.C. Law 20-89 rewrote (b)(2); and added (d) and (e).

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.