D.C. Mun. Regs. tit. 4, r. 4-199

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 4-199 - DEFINITIONS
199.1

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01et seq.).

Age - eighteen (18) years of age or older, except that, in a case of employment, age shall be defined as eighteen (18) to sixty-five (65) years of age, unless otherwise defined by law.

Agency - any office, department, division, board, commission or other agency of the government of the District of Columbia with respect to which the Mayor or the Council are authorized by law to establish administrative procedures.

Day - a calendar day, unless otherwise specified.

Director - the Director of OHR, or his or her designee.

Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual having a record of such an impairment or being regarded as having such an impairment.

Domestic Partnership - the same meaning as that defined in section 2(4) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code § 32-701(4) ).

EEO Counselor - an individual appointed by the agency head, or his or her designee, to provide informal counseling in response to a complaint of discrimination by an employee or applicant and to conduct an informal inquiry with the affected parties, as directed, with the objective of resolving the complaint at the agency level.

EEO Officer - an individual appointed by the agency head, or his or her designee, to serve as administrator of the agency EEO Program, supervise the EEO Counselors, prepare EEO reports, and conduct discrimination investigations, as directed.

Employee - any individual employed by or seeking employment from an agency of the District of Columbia government.

Familial status - one or more individuals under eighteen (18) years of age being domiciled with:

(1) a parent or other person having legal custody of the individual; or
(2) the designee, with written authorization of the parent, or other persons having legal custody of individuals under eighteen (18) years of age. The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or in the process of securing legal custody of any individual under eighteen (18) years of age.

Family responsibilities - the state of being, or the potential to become, a contributor to the support of a person or persons in a dependent relationship, irrespective of the number of such persons, including the state of being the subject of an order of withholding or similar proceedings for the purpose of paying child support or a debt related to child support.

Gender identity or expression -a gender-related identity, appearance, expression, or behavior of an individual, regardless of the individual's assigned sex at birth.

Genetic information - information about the presence of any gene, chromosome, protein, or certain metabolites that indicate or confirm that an individual or an individual's family member has a mutation or other genotype that is scientifically or medically believed to cause a disease, disorder, or syndrome, if the information is obtained from a genetic test.

Intrafamily offense - an offense as defined in D.C. Official Code § 16 -1001(5).

Marital status - the state of being married, in a domestic partnership, single, divorced, separated, or widowed and the usual conditions associated therewith, including pregnancy or parenthood.

Matriculation - the condition of being enrolled in a college, or university; or in a business, nursing, professional, secretarial, technical or vocational school; or in an adult education program.

OHR - the District of Columbia Office of Human Rights, as established by section 202 of the Act (D.C. Official Code § 2-1411.01) .

Personal appearance - the outward appearance of any person, irrespective of sex, with regard to bodily condition or characteristics, manner or style of dress, and manner or style of personal grooming, including, but not limited to, hair style and beards. It shall not relate, however, to the requirement of cleanliness, uniforms, or prescribed standards, when uniformly applied for admittance to a public accommodation, or when uniformly applied to a class of employees for a reasonable business purpose; or when such bodily conditions or characteristics, style or manner of dress or personal grooming presents a danger to the health, welfare or safety of any individual.

Position Statement- the initial response by the respondent in the discrimination claim to complainant's Charge of Discrimination.

Political Affiliation - the state of belonging to or endorsing any political party.

Religion - any institutionalized system or personal set of attitudes, beliefs, and practices which relate to moral or ethical standards.

Sexual harassment - unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the following occurs:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment;
(b) Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or
(c) The conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment may include, but is not limited to, verbal harassment or abuse, subtle pressure for sexual activity, patting or pinching, brushing against another employee's body, and demands for sexual favors.

Sexual orientation - male or female homosexuality, heterosexuality, and bisexuality, by preference or practice.

Source of income - the point, the cause, or the form of the origination, or transmittal of gains of property accruing to a person in a stated period of time; including, but not limited to, money and property secured from any occupation, profession or activity, from any contract, agreement or settlement, from federal payments, court-ordered payments, from payments received as gifts, bequests, annuities, life insurance policies and compensation for illness or injury, except in a case where conflict of interest may exist.

D.C. Mun. Regs. tit. 4, r. 4-199

Final Rulemaking published at 31 DCR 56, 57 (January 6, 1984); as amended by Final Rulemaking published at 57 DCR 9162, 9188-9191 (October 1, 2010)
Authority: Set forth in section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c) ).