§ 1–607.01. Affirmative action; exercise of religion.
(a) The Council reaffirms its intent that the objectives of the Affirmative Action in District Government Employment Act, as amended (D.C. Code, § 1-521.01) be carried out.
(b) The Council and each agency shall make reasonable accommodations for the free exercise of religion by its employees, and may adjust work schedules unless such adjustment would result in a substantial disruption of District business.
(c) If an employee’s religious beliefs require the employee to take time off from work during certain periods of the workday or workweek, the employee may elect to make up the time off, rather than to charge the time off to leave, in accordance with the procedures established under subsections (d) and (e) of this section.
(d) An employee who makes an election pursuant to subsection (c) of this section shall, if the need to take time off is foreseeable, request an adjustment of his or her work schedule and obtain supervisory approval of the adjustment at least 10 days before taking time off from work. A request to adjust a work schedule may be disapproved if it is demonstrated that the adjustment would clearly interfere with the efficient conduct of the activities of the entity of the District government for which the employee works.
(e) Notice of an employee’s opportunity to obtain a religious accommodation shall be provided to the employee at the time the employee accepts appointment with the District government.
(f) Nothing in this section shall be construed to limit the use of other forms of leave authorized by the District government or to require a supervisor to allow an employee the opportunity to work more than 40 hours in a given week to make up for the time taken off for the religious accommodation.
1981 Ed., § 1-607.1.
1973 Ed., § 1-337.1.
For temporary (90 days) amendment of this section, see § 2(e) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).
§ 1–607.02. Special provisions for persons with physical or developmental disabilities.
The Mayor may develop rules and regulations which authorize the inquiry into bona fide job-related qualifications which may affect persons with physical or developmental disabilities, prior to appointing such individuals under the authority of § 1-609.04(2). Persons with physical or developmental disabilities who apply for positions under the authority of subchapters VIII and VIII-A of this chapter may be examined to assure that their level of skills is sufficient to meet minimal job qualifications.
1981 Ed., § 1-607.2.
1973 Ed., § 1-337.2.
Effect of Amendments
D.C. Law 16-305 substituted “persons with physical or developmental disabilities” for “persons with physical handicaps of developmental disabilities” and “Persons with physical or developmental disabilities” for “Physically handicapped or developmentally disabled person”.
§ 1–607.03. Veterans preference in employment.
(a) For appointment under the provisions of subchapters VIII and VIII-A of this chapter, persons who have served on active duty in the armed forces of the United States for more than 180 consecutive days, not including service under honorable conditions as provided under § 511(d) of Title 10 of the United States Code [transferred; see now 10 U.S.C. § 12103] and have separated from the armed forces under honorable conditions may receive an additional 5 points on any register established under the authority of subchapters VIII and VIII-A of this chapter.
(b) A person entitled to preference points, as provided in subsection (a) of this section, shall receive an additional 5 points if he or she has separated from the armed forces under honorable conditions, and has established the presence at the time of appointment of a service-connected disability or is receiving compensation, disability retirement benefits, or pensions because of a public law administered by the Veterans Administration or a military department.
(c) Any employee of the District government who, on January 1, 1979, was entitled to veterans preference under federal law, shall continue to be entitled to such veterans preference under this chapter.
(d) The Mayor is authorized to develop procedures for the consideration of granting veterans preference, as provided in this section, to persons who served in the armed forces but were less than honorably discharged. Such persons may be entitled to the preference afforded by this section at the time of initial appointment if they show, to the satisfaction of the Mayor, that they have been discriminated against in violation of those rights guaranteed in § 1-601.01(2) and this subchapter. No appeal shall be available to any person not afforded a veterans preference under the provisions of this subsection.
(e) Except for the appointment preferences provided in subsections (h), (i), (j), and (k) of this section, no person shall receive any appointment preference after 5 years from the date of separation from the armed forces of the United States.
(f) No person entering the armed forces of the United States after October 14, 1976, shall receive any preference unless the person served in the armed forces of the United States during time of war.
(g) No person retiring from the armed forces of the United States shall receive any preference.
(h) The surviving spouse or surviving domestic partner who has not subsequently married or entered into a domestic partnership of a veteran shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. §§ 2108(3)(D) and 3309(1).
(i) The spouse or domestic partner of a service-connected veteran with a disability shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. §§ 2108(3)(E) and 3309(1).
(j) A person classified as 30 percent or more disabled under subsection (b) of this section shall receive an appointment preference as provided in that subsection.
(k) A person who served during the Vietnam conflict, who has a discharge of other than dishonorable, shall receive an appointment preference for a period not to exceed 10 years from May 19, 1982.
(Mar. 3, 1979, D.C. Law 2-139, § 703, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(f), 27 DCR 2632; May 19, 1982, D.C. Law 4-107, §§ 2, 3, 29 DCR 1410; Apr. 24, 2007, D.C. Law 16-305, § 3(c), 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231, § 3(b), 55 DCR 6758.)
1981 Ed., § 1-607.3.
1973 Ed., § 1-337.3.
Effect of Amendments
D.C. Law 16-305, in subsec. (i), substituted “veteran with a disability” for “disabled veteran”.
D.C. Law 17-231, in subsec. (h), substituted “surviving spouse or surviving domestic partner who has not subsequently married or entered into a domestic partnership” for “unmarried widow or widower”; and, in subsec. (i), substituted “spouse or domestic partner” for “wife or husband”.
References in Text
“ Section 511(d) of Title 10 of the United States Code,” referred to in (a), was recodified as sections 3571 and 8571 of Title 10. These sections were subsequently repealed, and present similar provisions may be found at 10 U.S.C. § 741.
§ 1–607.04. Employee selection procedures — Statement of purpose.
The Council believes that properly validated and standardized employee selection procedures can significantly contribute to the implementation of nondiscriminatory personnel policies, as required by this subchapter. It is also recognized that professionally developed tests, when used in conjunction with other tools of personnel assessment and complemented by sound programs of job design, may aid significantly in the development and maintenance of an efficient work force and in the utilization and conservation of human resources.
1981 Ed., § 1-607.4.
1973 Ed., § 1-337.4.
§ 1–607.05. Employee selection procedures — Relation to job required.
The selection procedures utilized shall be job related to minimize or eliminate discrimination.
1981 Ed., § 1-607.5.
1973 Ed., § 1-337.5.
This section is referenced in § 1-607.06.
§ 1–607.06. Employee selection procedures — Evidence of validity.
(a) Each person utilizing a selection procedure in choosing among candidates for a position shall have available for inspection evidence that the procedure does not violate § 1-607.05. Such evidence shall be examined for indications of possible discrimination, such as instances of higher rejection rates for minority candidates than nonminority candidates.
(b) Evidence of selection procedure validity should consist of evidence demonstrating that the procedure is predictive of or significantly correlated with important elements of work behavior which comprise or are relevant to the job or jobs for which candidates are being evaluated.
1981 Ed., § 1-607.6.
1973 Ed., § 1-337.6.
§ 1–607.07. Sex discrimination in benefit programs.
No benefit program shall be denied to any District employee on account of sex.
1981 Ed., § 1-607.7.
1973 Ed., § 1-337.7.
§ 1–607.08. Specific standards authorized.
Specific standards to carry out the purposes of this subchapter shall be adopted by the Mayor.
1981 Ed., § 1-607.8.
1973 Ed., § 1-337.8.