Businesses that employ tipped workers in DC are required to provide sexual harassment training to employees. The District of Columbia Council enacted the Tipped Workers Fairness Clarification Amendment Act of 2020 (the 2020 Amendment), which became effective December 3, 2020.
In 2018, DC enacted the DC Tipped Wage Workers Fairness Amendment Act of 2018 (the 2018 Act), which, among other things, required employers of tipped employees to provide sexual harassment training to employees. However, Section 8 of the law provided that the training and certain other provisions would not go into effect until “the date of inclusion of their fiscal effect in an approved budget and financial plan.” The 2020 Amendment repealed Section 8, resulting in the implementation of the training requirement.
Under the amended law, the Office of Human Rights or its designee must provide an approved course or certify a list of approved training providers. Once the Office issues an approved course or list of approved training providers, employers must begin training new employees within 90 days of hire.
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The previous standard prevented employees from bringing sexual harassment claims when teasing or fleeting remarks were at issue. However, the new standard relies on a reasonable person standard that provides employees bringing an action with a better chance of
winning a sexual harassment case.