Tipped Wage Workers Fairness Act

Sexual Harassment Training under The Tipped Wage Workers Fairness Amendment Act of 2018

Generally speaking, The Tipped Wage Workers Fairness Amendment Act (TWWF) enhanced tipped wage worker rights, increased public education, and improved systems for reporting wage theft. All of these newly added enhancements are implemented by the Department of Employment Services (DOES). However, this Act also required sexual harassment training and reporting. This second part is enforced by the DC Office of Human Rights. Specifically, tipped wage businesses must provide sexual harassment training to its owners, operators, managers, and employees. Additionally, businesses must also report sexual harassment incidents and submit sexual harassment policies to the OHR. Below provides details on how a business can comply with these requirements and when and how businesses must report to OHR. There are three main components: (1) conducting training; (2) reporting on compliance with training; and (3) submission of sexual harassment policy and reporting on sexual harassment complaints received.

1. Conducting Training

The below table shows who must be trained, the method of training, and how often each covered individual must be trained:

What must the training include?
- The training course must include how to respond to, intervene in, and prevent sexual harassment by co-workers, management, and patrons.
How can training be conducted? Who can provide the training?
- Training must be conducted using an OHR certified trainer. For a list of OHR certified trainers, click here (updated September 29, 2023)

2. Reporting on Compliance with Training

The deadline to complete sexual harassment trainings for all covered individuals is August 31, 2023.

The deadline to submit compliance report with the training is October 13, 2023.

*Businesses that hire new employees have 90 days to provide the training from the hiring date. For example, if a business hires a new employee on August 1, 2023, they will have until October 30, 2023, to train them.*

Important: OHR will include in FY23 all data received up to October 13, 2023, and all other reports will be included on FY24 data.

3. Submission of Sexual Harassment Policy and Reporting on Sexual Harassment Complaints Received

Sexual Harassment Policy
- Employers must:
  1. Have a sexual harassment policy outlining how employees can report instances of sexual harassment to management and to OHR.
  2. Distribute their sexual-harassment policy to all employees and post it in a conspicuous place accessible to all employees.
  3. File the sexual harassment policy with OHR.
- Internal sexual harassment complaints
  - Employers must submit a compliance report to OHR detailing the number of instances of sexual harassment reported to management and indicate the total number of alleged harassers who were: (1) Non-managerial employees, (2) Managerial employees, (3) owners, or (4) operators.
- The deadline for submission of these documents and complete certifications has been extended to May 31, 2023. You can click on this link (Business Self Service Form) to submit your documentation and certification.

For more information on compliance and training requirements of TWWF, click here.

If you have any questions, concerns, or would like to submit an anonymous tip regarding the Tipped Wage Workers Fairness Program, please emails us at [email protected].

Here are some worker rights under laws enforced by the D.C. Office of Human Rights:

To be free from discrimination in the workplace based on the protected traits under the DC Human Rights Act;
To be free from workplace harassment, including sexual harassment;
To request and use unpaid family and medical leave if eligible and qualified and working for a covered employer with 20 or more employees;
To request time off to attend a child's school-related activities;
To be provided with reasonable accommodation in the workplace for religious reasons, a disability or for medical conditions related to pregnancy;
To be free from interference and retaliation under the Universal Paid Leave Act;
To be free from employer retaliation for discussing or exercising any of these rights; and
To file a complaint for violation of workplace human rights with the DC Office of Human Rights (OHR)

If you encounter issues related to these rights, file a complaint with OHR

You also have Wage and Hours Rights under laws enforced by DOES:

To be paid at least the minimum wage;
To be paid on time;
To receive a detailed pay stub;
To accrue and use paid sick and safe leave;
To be able to get paid leave for certain qualifying events under the Universal Paid Leave Act;
To be compensated for work-related illness or injury; and
To file a complaint for violation of workplace wages to the Department of Employment Services (DOES)

If you encounter issues related to these rights, contact DOES Office of Wage-Hour at (202) 671-1880 or visit https://does.dc.gov/ (file a claim).

Employer Posting and Notification Requirements

Employers must post and maintain these notices in a visible location where all employees have access, such as a breakroom, and distribute their anti-sexual harassment policy to all employees, including how to file a sexual harassment complaint with OHR.

How to File a Violation Complaint with the Office of Human Rights (OHR)

If you believe that an employer in the private sector has wrongfully denied or violated any of these rights and benefits, including a sexual harassment claim, you can file a complaint with OHR within one year of the incident; simply complete an intake questionnaire and submit it to OHR at https://ohr.dc.gov/service/file-discrimination-complaint.

Questions about the OHR process can also be answered by phone at (202) 727-4559

Questions about the DOES process can also be answered by phone at (202) 671-1880

For inquiries regarding the types of complaints OHR adjudicates, email OHR at [email protected], or to submit an anonymous tip, email [email protected].

Tipped Wage Workers Fairness Ammendment Act - Fact Sheet (English)

የማበረታቻ ደመወዝ የሚያገኙ ሠራተኞችን በተመለከተ የፍትሃዊነት ማሻሻያ ህግ (Amharic)