Code of the District of Columbia

Chapter 14A. Wage Transparency.

§ 32–1451. Definitions.

For the purposes of this chapter, the term:

(1) Employee means an individual employed by an employer.

(2) “Employer” means an individual, firm, association, or corporation who uses the services of another individual for pay in the District; provided, that the term employer does not include the District or the federal government.

(3) Wages shall have the same meaning as provided in § 32-1301(3).

(Mar. 11, 2015, D.C. Law 20-219, § 2, 62 DCR 9.)

§ 32–1452. Prohibited actions of employer.

An employer shall not:

(1) Require, as a condition of employment, that an employee refrain from inquiring about, disclosing, comparing, or otherwise discussing the employees wages or the wages of another employee;

(2) Discharge, discipline, interfere with, or otherwise retaliate against an employee who inquires about, discloses, compares, or otherwise discusses the employee’s wages or the wages of another employee or is believed by the employer to have done so; or

(3) Prohibit or attempt to prohibit an employee from lodging a complaint, or testifying, assisting, or participating in an investigation or proceeding, related to a violation of this chapter.

(Mar. 11, 2015, D.C. Law 20-219, § 3, 62 DCR 9.)

§ 32–1453. Exceptions.

(a) An employer may prohibit an employee with regular access to information regarding the wages of other employees in the course of the employees work, such as a human resources employee, from sharing such information, unless the disclosure is in furtherance of or response to an investigation, action, or hearing, or there is a legal obligation for the employer to furnish the information.

(b) Nothing in this chapter shall require:

(1) An employer to disclose the wages of an employee in response to an inquiry by another employee; or

(2) An employee to disclose his or her wages in response to an inquiry by another employee.

(Mar. 11, 2015, D.C. Law 20-219, § 4, 62 DCR 9.)

§ 32–1454. Provisions of law may not be waived.

No provision of this chapter shall in any way be contravened or set aside by private agreement.

(Mar. 11, 2015, D.C. Law 20-219, § 5, 62 DCR 9.)

§ 32–1455. Enforcement.

(a) If an employer fails to comply with the provisions of this chapter, the Mayor shall assess a civil fine of $1,000 for the first violation, $5,000 for the second violation, and $20,000 for each subsequent violation.

(b) Adjudication for a violation of this chapter shall be pursuant to Chapter 18 of Title 2[§ 2-1801.01 et seq.].

(c) Nothing in this chapter shall be construed to create a private right of action.

(Mar. 11, 2015, D.C. Law 20-219, § 6, 62 DCR 9.)

§ 32–1456. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.

(Mar. 11, 2015, D.C. Law 20-219, § 7, 62 DCR 9.)

§ 32–1457. Applicability.

This chapter shall not apply to an employment contract entered into before March 11, 2015; provided, that upon renewal of such a contract, this chapter shall apply.

(Mar. 11, 2015, D.C. Law 20-219, § 8, 62 DCR 9.)