Code of the District of Columbia

Subchapter VII-B. Transgender and Non-Binary Employment Study.


§ 1–607.61. Definitions.

For the purposes of this subchapter, the term:

(1) "Cisgender" means individuals whose sex assigned at birth matches the individual's perceived gender.

(2) "Gender identity" means an individual's internal sense of the individual's gender, which may be the same as or different from sex assigned at birth and can include male, female, neither, or both.

(3) "Non-binary" includes individuals whose gender identity is neither entirely male nor entirely female, or varies between the two.

(4) "Transgender" includes individuals whose gender identity or expression is different from that typically associated with their assigned sex at birth.


(Mar. 3, 1979, D.C. Law 2-139, § 760 [761]; as added Dec. 3, 2020, D.C. Law 23-149, § 2122, 67 DCR 10493.)


§ 1–607.62. Study of transgender and non-binary employment.

(a) The Mayor shall contract with an entity to conduct a study of employment data, hiring and recruitment practices, and workplace climate in District government agencies in relation to people who are transgender or non-binary. At a minimum, the study shall include:

(1) A census of employees who identify as transgender or non-binary, including information on the employees' race and ethnicity, gender identity, and age;

(2) A review of District government agencies' transgender and non-binary inclusion policies, including policies developed under Unit A of Chapter 14 of Title 2 ("Human Rights Act"), and any regulations promulgated pursuant to the Human Rights Act, and an evaluation of the extent to which District government agencies have implemented such polices and how transgender and non-binary employees experience such polices;

(3) An evaluation of District government agencies' actual recruitment, hiring, retention, and promotion practices related to prospective and current transgender and non-binary employees;

(4) An analysis of any disparities in earnings, title, pay grade, length of time in position, and educational attainment between employees who identify as transgender or non-binary and employees who identify as cisgender;

(5) An assessment of transgender and non-binary employees' workplace experiences as employees of District government agencies, including experiences of discrimination, harassment, or mistreatment on the job;

(6) An evaluation of data, including participant demographics and program outcomes, for transgender or non-binary participants in the Department of Employment Services' job training programs; and

(7) Recommendations for District government agencies on improving employment and hiring practices as they relate to individuals who are transgender or non-binary.

(b) The contractor may survey employees to gather data for the purposes of the study.

(c) The contractor completing the study shall:

(1) Have, or partner with another entity with, experience studying and knowledge of sexual orientation and gender identity;

(2) Include a statement in requests for information and surveys sent to employees explaining that providing information is voluntary;

(3) Ensure the privacy, dignity, and confidentiality of employees;

(4) Not disclose, or retain after the study is complete, personally identifiable information gathered in the course of the study; and

(5) Consult with the Office of Human Rights in developing a detailed proposed plan of the study, surveys to be administered, and any resulting recommendations from the entity.

(d) The Mayor may use electronic communication tools, including e-mail, to facilitate the contractor's outreach to District government employees.

(e) The Mayor shall:

(1) Review the contractor's proposals and recommendations to ensure they are consistent with the Human Rights Act;

(2) Review data, with personally identifiable information removed, on harassment and discrimination complaints filed by transgender and non-binary employees against District government agencies since January 1, 2015;

(3) Provide the contractor with the information necessary to facilitate subsection (a) of this section; and

(4) Submit a final report with findings and recommendations to the Council no later than December 31, 2021. The final report submitted to the Council shall not contain any personally identifiable information.


(Mar. 3, 1979, D.C. Law 2-139, § 761 [762]; as added Dec. 3, 2020, D.C. Law 23-149, § 2122, 67 DCR 10493.)