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District of Columbia Pay Equity

Statute

  • C. Code Ann. § 2-1401 et seq.
  • C. Code Ann. § 32-1451 et seq.
  • B25-0194

Classes protected

  • Sex, sexual orientation, gender identity or expression

Key language on pay discrimination

  • Unlawful discriminatory practice for an employer to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, including promotion.

Exceptions for pay disparities (including affirmative defenses)

  • Not discriminatory for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system

Prohibition on salary history inquiry

  • Government agencies are prohibited from asking candidates for their salary history unless it is brought up by a candidate after an offer of employment is extended.
  • Private employers cannot inquire about an applicant’s wage history.

Anti-retaliation

  • Prohibits retaliation.

Pay Transparency

  • Employers cannot prohibit employees from inquiring about, disclosing, comparing, or discussing their wages or wages of another employee.
  • Advertised “job listings” and “position descriptions” must include the lowest and highest projected salary or wage rate based on the employer’s good-faith belief at the time of posting. Although “job listings” and “position descriptions” are not defined, the requirement is likely to also apply for internal position postings, including promotion and transfer opportunities. 

Other Key Provisions

  • Applicants must be advised what healthcare benefits will be offered with the position prior to an initial interview. Employers can satisfy their obligation by disclosing the “existence of healthcare benefits.” 

Key Contacts

  • Kathleen McLeod Caminiti
  • Lonnie Giamela
  • Sheila M. Abron
  • Jacklyn Rad 
  • Sarah Wieselthier
  • Monica Snyder Perl

Pay Equity Team

Learn more about our services and team.


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