Sorry, you need to enable JavaScript to visit this website.

ohr

Office of Human Rights
 

DC Agency Top Menu

-A +A
Bookmark and Share

Tipped Wage Workers Fairness Act

Currently Available: Please click here to submit your sexual harassment policy and number of sexual harassment claims for 2023!

 

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.
 
Questions? Click our  Frequently Asked Questions Sheet (updated January 18, 2024).   
 
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 May 24, 2024)

2. Reporting on Compliance with Training

  • Employers must train new employees within 90 days of hire.
  • Employers must provide the anti-sexual harassment training every two years. For example, if the employer provided anti-sexual harassment training in January 2022, they must provide another anti-sexual harassment training through a certified trainer by January 2024. Please contact [email protected] for more information regarding training requirements.
  • Businesses must submit their training compliance report to [email protected] within 30 business days of the training session. Report templates may be obtained through certified trainers or by contacting [email protected].


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.

    • For calendar year 2023 submissions, the platform will reopen on January 1, 2024 and will remain open until the deadline for submitting a copy of your sexual harassment policy and complete certifications by May 31st, 2024 11:59 PM EST



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)

《小费员工公平修正法案薪资》(Chinese)

Loi portant modification de la loi sur l’équité pour les travailleurs rémunérés au pourboire (French)

임금 근로자 공정성 개정법 (Korean)

Enmienda de Ley de Igualdad para Trabajadores Asalariados que Reciben Propinas (Spanish)

Đạo Luật Sửa Đổi Về Sự Công Bằng Đối Với Người Lao Động Nhận Tiền Lương Típ (Vietnamese)