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Care for Seniors

Protections for LGBTQ Seniors and Seniors Living with HIV in Long-Term Care Facilities

 

OHR acknowledges the newly enacted “Care for LGBTQ Seniors and Seniors with HIV Amendment Act of 2020” (the “Act”) affords additional protections under the DC Human Rights Act. The Act became effective on December 23, 2020.

 


The Act protects residents of long-term care facilities from discrimination AND mandates equitable services and support for LGBTQ seniors and/or seniors living with HIV at a long-term care facility in Washington, DC.


 

Additional Requirements:

1. Prohibitions: Long-term care facilities may 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:

  1. Denial of admission to a long-term care facility.
  2. Refuse to transfer a resident, or forcibly transfer a resident, to another long-term care facility.
  3. Discharge or eviction of an individual from a long-term care facility.
  4. Denial of a request to share a room with another resident.
  5. Refusal to assign the room in accordance with the resident’s gender identity or expression (if rooms are assigned by gender).
  6. 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.
  7. Knowingly refuse to use a resident's preferred name or pronouns after being clearly informed of the resident's preferred name or pronouns.
  8. 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.
  9. Denial or restriction of association with other residents or visitors, including the consensual expression of intimacy or sexual relations.
  10. Prevent a resident from accessing appropriate medical or nonmedical care in a manner that unreasonably demeans the resident's dignity or causes avoidable discomfort.
  11. 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. More information here

 

2. Personal Information: 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. More information here.  

 

3. Notice: Long-term care facilities must post in a conspicuous location in the facility a notice stating that the facility does not permit discrimination or harassment based on an 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. More information here. 

 

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.

 

Frequently Asked Questions about the training requirements:

  • 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 here (updated October, 23 2023), 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 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 can begin as early as April 2023.

  • What is the process to become a certified trainer?

 


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 rights 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) outline how to file a claim with OHR.
  • Process claims of discrimination based on the protected traits in the District of Columbia. More information about the complaint process here

What can you do?

You can report unlawful practices to OHR 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. Contact us with reports at [email protected]

 


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

If you believe that a long-term care facility has wrongfully denied or violated any of these rights, you can file a complaint with OHR by completing an intake questionnaire and submitting it to OHR at https://ohr.dc.gov/service/file-discrimination-complaint.

 

Complaints against a private long-term care facility must be filed within one year of the occurrence or discovery of a discriminatory act. Complaints against the District government must be filed with an Equal Employment Opportunity (“EEO”) Counselor within 180 days of the occurrence or discovery of a discriminatory act.

 

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

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


Let’s Work Together

As the number of LBGTQ persons and HIV-positive persons aged 50 years and older increases in District and the United States, it is necessary to take appropriate measures to ensure that the needs of this diverse population are met. LGBTQ seniors and seniors with HIV experience greater amounts of chronic stress due to social stigmatization, discrimination, abuse, and neglect.

 

Providers in long-term care facilities in the District must recognize the positive psychosocial impact of living in a safe environment that promotes the health and well-being of LGBTQ seniors and seniors with HIV. With training and compliance oversight from OHR, long-term care facilities in the District will also contribute to creating safer spaces for all.

We invite you to stand with us and become more involved in defending the rights of all seniors and emphasize protecting LGBTQ seniors and seniors with HIV in the District of Columbia.