D.C. Mun. Regs. tit. 4, r. 4-1702

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 4-1702 - RETALIATION PROHIBITED

1702.1

As provided in section 110(b) of the UPLA (D.C. Official Code § 32-541.10(b)) , it is unlawful for an employer to retaliate in any manner against any other person because the person:

(a) Opposes any practice made unlawful by the UPLA;

(b) Files or attempts to file a charge, institutes or attempts to institute a proceeding, or facilitates the institution of a proceeding under the UPLA;

(c) Requests, applies for, or uses paid-leave benefits under the UPLA; or

(d) Gives any information or testimony in connection with an inquiry or proceeding related to the UPLA.

1702.2

Unlawful retaliation includes, but is not limited to:

(a) Subjecting an employee to intimidation, threat, reprisal, harassment, or discrimination;

(b) Subjecting an employee to an adverse employment action, absent a legitimate business reason, including discipline, discharge, suspension, transfer or assignment to a lesser position in terms of job classification, job security, or another term or condition of employment, including those terms and conditions enumerated in 4 DCMR § 506;

(c) Reducing the pay or hours of work of an employee or denying an employee additional hours of work, absent a legitimate business reason;

(d) Informing any prospective employer (whether or not covered under the UPLA) that the person has engaged in a protected activity described in § 1702.1 of this Chapter, absent a legitimate business reason;

(e) Reporting, or threatening to report, the actual or suspected citizenship or immigration status of an employee, former employee, or family member of an employee or former employee, to a federal, state, or local agency; and

(f) Engaging in conduct which would reasonably have the effect of discouraging a reasonable employee from accessing paid-leave benefits, absent a legitimate business reason.

D.C. Mun. Regs. tit. 4, r. 4-1702

Final Rulemaking published at 69 DCR 9526 (7/29/2022)