Code of the District of Columbia

§ 2–1402.12. Exception.

(a) It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system such as retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this chapter, except that no such employee seniority system or benefit plan shall excuse the failure to hire any individual.

(b) It shall not be an unlawful discriminatory practice for the District of Columbia to prescribe minimum and maximum age limits for appointment to the police officer and firefighter cadet programs.

(c) It shall not be an unlawful discriminatory practice for the Mayor to reassign personnel of the Fire and Emergency Medical Services Department from firefighting and emergency medical services operations during a period of time for which a public health emergency has been declared pursuant to § 7-2304.01, based upon the inability of the personnel to wear personal protective equipment in a manner consistent with medical and health guidelines.


(Dec. 13, 1977, D.C. Law 2-38, title II, § 212, 24 DCR 6038; Mar. 9, 1983, D.C. Law 4-172, § 4(a), 29 DCR 5745; June 8, 2020, D.C. Act 23-328, § 703, 67 DCR 7598.)

Prior Codifications

1981 Ed., § 1-2513.

1973 Ed., § 6-2222.