§ 32-1010 — Violations.

(a) It shall be unlawful for any employer to:

(1) Violate any of the provisions of this subchapter or any of the provisions of any regulation issued under this subchapter;

(2) Violate any of the provisions of §§ 32-1008 , 32-1009 and 32-1009.01 or any regulation made under the provisions of § 32-1006 , or to make any statement, report, or record filed or kept pursuant to the provisions of §§ 32-1008 and 32-1009.01 or any regulation or order issued under § 32-1006 knowing the statement, report, or record to be false in a material respect;

(3) Discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee or person because that employee or person has:

(A) Made or is believed to have made a complaint to his or her employer, the Mayor, the Attorney General for the District of Columbia, any federal or District employee, or to any other person that the employer has engaged in conduct that the employee, reasonably and in good faith, believes violates any provision of this subchapter, or any regulation promulgated pursuant to this subchapter;

(B) Caused to be instituted or is about to institute a proceeding under or related to this subchapter;

(C) Provided information to the Mayor, or the Attorney General for the District of Columbia, or any federal or District of Columbia employee;

(D) Testified or is about to testify in an investigation or any proceeding filed under this subchapter; or

(E) Exercised rights protected under this subchapter.

(4) Hinder or delay the Mayor or the Mayor’s authorized representative in the enforcement of this subchapter, to refuse to admit the Mayor or the Mayor’s authorized representative to any place of employment upon demand, to refuse to make available any record to the Mayor or Mayor’s authorized agent required to be made, kept, or preserved under this subchapter, or to fail to post a summary or copy of this subchapter or of any applicable regulation or order, as required under § 32-1009 .

(b) An employee complaint or other communication need not make explicit reference to any section or provision of this subchapter to trigger the protections of this section. The employer, or any person acting on behalf of the employer, taking adverse action against an employee within 90 days of an employee or other person’s engagement in the activities set forth in subsection (a) of this section shall raise a presumption that the action is retaliation. The presumption may be rebutted by clear and convincing evidence that the action was taken for other permissible reasons.

Legislative History

Mar. 25, 1993, D.C. Law 9-248, § 11, 40 DCR 761; Mar. 11, 2014, D.C. Law 20-91, § 2(d), 61 DCR 778; Feb. 26, 2015, D.C. Law 20-157, § 3(f), 61 DCR 10157