Sections On This Page:

1. What Is the Law?

2. OHR’s Responsibilities

3. Additional Requirements

   • Prohibitions

   • Personal Information

   • Notice

   • Training Requirements

4. Frequently Asked Questions

5. How to File a Violation Complaint with the Office of Human Rights

6. Let’s Work Together

7. Additional Resources

Section 2. OHR Responsibilities:

• Create a list of certified trainers to instruct all staff in long-term care facilities in the District of Columbia about the anti-discrimination new rights and legal protections of LGBTQ seniors and seniors with HIV; ultimately, these trainings will create safer spaces and more affirming environments.
• Verify that posted Notices state that the long-term care facility:
  • a) does not permit discrimination or harassment based on an individual’s actual or perceived sexual orientation, gender identity or expression, or HIV status; and,
  • b) outlines how to file a claim of discrimination with OHR.
• Process claims of discrimination based on the protected traits in the District of Columbia. More information about the complaint process or to file one, please click here.

Section 3. Additional Requirements:

1. Prohibitions: Long-term care facilities shall not engage in or permit discrimination or harassment against an individual because of their actual or perceived sexual orientation, gender identity or expression, or HIV status. Some examples of practices that are discriminatory under this provision if based on an individual’s actual or perceived sexual orientation, gender identity or expression, or HIV status include:
   • Denial of admission to a long-term care facility.
   • Refuse to transfer a resident, or forcibly transfer a resident, to another long-term care facility.
   • Discharge or eviction of a resident from a long-term care facility.
   • Denial of a request to share a room with another resident.
   • Refuse to assign the room in accordance with the resident’s gender identity or expression (if rooms are assigned by gender).
   • Require a resident to show personal identification documentation or to provide evidence of their sex or gender to access a restroom or other sex-segregated facility.
   • Knowingly refuse to use a resident's preferred name or pronouns after being clearly informed of the resident's preferred name or pronouns.
   • Deny a resident the right to clothing, accessories, or cosmetics, or to engage in grooming practices consistent with the resident's gender identity or expression.
   • Denial or restriction of free association with other residents or visitors, including the consensual expressions of intimacy or sexual relations.
   • Deny or restrict a resident from accessing appropriate medical or nonmedical care in a manner that unreasonably demeans the resident's dignity or causes avoidable discomfort.
   • Refusal to permit visitors, including same-sex partners or spouses.
   • The law also mandates to protect physical privacy during any patient examination, and to educate patients about their right to accept or refuse examination when the primary purpose is educational or informational instead of a medical need. Please click here for more information on prohibitions.
2. Personal Information: a) During admission residents shall have the option to provide information on their gender identity or expression and preferred name and pronouns. b) Long-term care facilities must protect personally identifiable information such as a resident’s sexual orientation, gender identity or expression, transition history, and HIV status. Please click here for more information on personal information.
3. Notice: Long-term care facilities shall post in a conspicuous location in the facility a notice stating that the facility does not permit discrimination, including harassment, based on an individual’s actual or perceived sexual orientation, gender identity or expression, or HIV status, or based on association with an individual because of that individual's actual or perceived sexual orientation, gender identity or expression, or HIV status. The notice shall include information about a resident's right to file a complaint for discrimination with the Office of Human Rights. Please click here for more information on notice.
4. Training Requirements: Long-term care facilities must train their staff on preventing discrimination based on sexual orientation or gender identity or expression when caring for LGBTQ seniors and seniors with HIV.

Section 4: Frequently Asked Questions:

• How often should I take the training?
  • Staff must receive training every two years.
• Who needs to be trained?
  • All employees and contractors.
• When do new staff need to receive training?
  • Within 6 months of hire, unless already trained within the past two years.
• Who provides the training?
  • Please find a list of certified trainers, which may include staff who receive the certification and work at existing facilities.
• What happens after the training?
  • Long-term care facilities shall file a report with OHR certifying that all staff have completed the required training. OHR may assess a fine of no more than $10,000 upon failure to file such a report.
• When is the report due to OHR?
  • OHR recommends submitting the report within 30 days of completion of the training. The report must be submitted within 60 days of completion of the training to avoid penalties. OHR will provide the template for the report. More information can be found here.
• When is the OHR publishing the list of certified trainers?
  • OHR will completed the first round of Train the Trainers process and the list was published on March 15, 2023 (it can be found here).
• When should my organization start training employees and contractors?
  • Training sessions in the facilities began in April 2023.
• What is the process to become a certified trainer?
  • Please reach out to [email protected] to learn more about the certification process.
• What can I do if I see unlawful practices?
  • If you believe that a long-term care facility has discriminated against an LGBTQ senior or a senior living with HIV based on their actual or perceived sexual orientation, gender identity or expression, or HIV status, or has wrongfully denied or violated any of their rights and legal protections under the District of Columbia Human Rights Act, you can report them to OHR. (Please see below)

Section 5. How to File a Violation Complaint with the Office of Human Rights

• Press release
• Guidance document - coming soon