Passed in 2018, the District of Columbia’s Tipped Wage Workers Fairness Amendment Act’s (TWWFA) mandatory sexual harassment training provisions are now in effect. Employers with workers for whom an employer takes a tip credit must take several steps related to sexual harassment policies and training. Employers must ensure that they:

(1) have a written sexual harassment policy, including information on how to submit sexual harassment complaints to both the employer and the DC Office of Huan Rights (OHR), and submit the policy to the OHR;

(2) distribute the policy to all employees; and

(3) post the policy, as well as the official OHR fact sheet, in a conspicuous location, such as a breakroom.

Additionally, employers must provide sexual harassment prevention training to all owners, managers, and employees. To comply with this requirement, employers may use OHR training materials or a certified trainer from a list provided by the OHR. New hires must receive training within 90 days of hire. Managers must participate in an in-person training session, while owners and operators may participate in person or online. Regular training sessions must be offered every two years, and employers must also offer an annual option for employee training on the TWWFA.

Finally, employers must submit annual reports containing the number of sexual harassment complaints made to management, and indicate whether the alleged harassment was by a member of management.

Compliance with these requirements must be certified in, and relevant documents must be uploaded to, the OHR portal. Documents and certifications for 2020 and 2021 were due by September 30, 2022, but the OHR portal reflects that it is still accepting documents and certifications from these years until December 31, 2022. Documents and certifications for 2022 must also be uploaded to the portal by December 31, 2022, with the exception of 2022 sexual harassment complaint reports, which are due March 1, 2023. Training certifications must be uploaded within 30 days of completion. Individuals who received training before December 31, 2021 must be retrained.

Employers who would like to ensure that their sexual harassment training and policies are in compliance should reach out to Stokes Wagner attorneys with their questions.

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THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.