D.C. Mun. Regs. tit. 6, r. 6-B437

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

Rule 6-B437 - APPOINTEE, VOLUNTEER, AND EMPLOYEE RIGHTS

437.1

In the interest of transparency, applicants, appointees, volunteers, and employees have a right to understand and challenge the sources of derogatory information that results in employment disqualification. The purpose of this section is to outline the means by which applicants, volunteers, and employees may review, and in some cases appeal, unfavorable suitability determinations based on such information.

437.2

Individuals subject to the provisions of this chapter have the right to the following information:

(a) Each appointee, volunteer, or employee in a covered position has a right to receive the following information:

(1) Copies of public criminal records received from any law enforcement agency pursuant to Section 415 of this chapter;

(2) Any traffic records obtained from the individual's local motor vehicle administration pursuant to Section 420 of this chapter; and

(3) A consumer credit report obtained pursuant to Section 423 of this chapter.

(b) The information outlined in Subsection 436.2(a) , shall be provided as follows:

(1) An applicant, volunteer, or employee must file a written request with the DCHR;

(2) The written request must be submitted no more than fifteen (15) days after receipt of a notification that the applicant, volunteer, or employee has been disqualified; and

(3) The DCHR shall provide the requested records no more than fifteen (15) days after receipt of the request.

(c) Employees subject to the provisions of this chapter have a right to review records according to the procedures established in Chapters 4 and 31.

437.3

Appointees, volunteers, and employees subject to enhanced suitability screening as outlined in Section 406, may file an appeal based on the provisions of this chapter as follows:

(a) If an appointee or volunteer is found unsuitable because he or she presents a present danger to children or youth, he or she may appeal that determination to the Commission on Human Rights (Commission). Any such appeal must be submitted to the Commission no more than thirty (30) days following the date of the suitability determination; or

(b) If an employee is deemed unsuitable and separated from employment, he or she may appeal that determination with the Office of Employee Appeals (OEA) or, if applicable, initiate a grievance pursuant to a collective bargaining agreement or Chapter 16 of these regulations. An appeal to the OEA must be filed with that office no more than thirty (30) days following the date of a final agency decision terminating employment. Employees may not appeal to the Commission.

437.4

An appointee or volunteer that is deemed unsuitable and cannot appeal to the Commission may, if applicable, file a grievance with the personnel authority regarding his or her application for employment pursuant to Chapter 16 of these regulations.

437.5

(a) An agency may not refuse to hire, terminate from employment, penalize, fail to promote, or otherwise take adverse employment action against an individual based upon his or her status as a qualifying patient unless the individual used, possessed, or was impaired by cannabis in the workplace, during a pre-employment drug screening, or during their tour of duty.

(b) An agency may not use a qualifying patient's failure to pass an agency-administered drug test for cannabis components or metabolites as a basis for employment-related decisions unless reasonable suspicion exists that the employee was impaired by or used cannabis at the workplace or during the employee's tour of duty.

(c) This subsection shall not apply to employees in or applying to safety sensitive positions, or if compliance would cause the agency to commit a violation of a federal law, regulation, contract, or funding agreement.

437.6

(a) Upon the request of an employee who is a qualifying patient, an agency must provide a reasonable accommodation for the employee's use of medical cannabis, excepted as provided in paragraph (c) of this subsection. The agency must engage in an interactive process to determine an appropriate reasonable accommodation, if any.

(b) A reasonable accommodation under this section may include:

(1) Reassignment to a vacant position within the agency for which the employee is qualified;

(2) Modification or adjustment to the employee's job duties or work environment; or

(3) Modification or adjustment to the agency's operating procedures to enable the employee to successfully perform the essential functions of the job.

(c) An accommodation is not reasonable when:

(1) The resulting job performed by the employee with the accommodation, either through modification, reassignment, or transfer, would be properly designated safety sensitive;

(2) The accommodation imposes an undue hardship on the employing agency; or

(3) The accommodation causes the agency to violate a federal law, regulation, contract, or funding agreement.

D.C. Mun. Regs. tit. 6, r. 6-B437

Reserved by Final Rulemaking published at 62 DCR 13820 (10/23/2015); renumbered from 436 by Final Rulemaking published at 67 DCR 10946 (9/11/2020); amended by Final Rulemaking published at 69 DCR 14273 (11/18/2022)