§ 2–1401.05. Discrimination based on pregnancy, childbirth, related medical conditions, or breastfeeding.

(a) For the purposes of interpreting this chapter, discrimination on the basis of sex shall include, but not be limited to, discrimination on the basis of pregnancy, childbirth, related medical conditions, breastfeeding, or reproductive health decisions.

(b) Repealed.

(Dec. 13, 1977, D.C. Law 2-38, title I, § 105; as added July 17, 1985, D.C. Law 6-8, § 2, 32 DCR 2959; Apr. 24, 2007, D.C. Law 16-305, § 10, 53 DCR 6198; Dec. 11, 2007, D.C. Law 17-58, § 2(a), 54 DCR 10714; May 2, 2015, D.C. Law 20-261, § 2, 62 DCR 1337; Oct. 22, 2015, D.C. Law 21-36, § 5092, 62 DCR 10905; May 6, 2020, D.C. Law 23-90, § 2(a)(2), 67 DCR 3537.)

Prior Codifications

1981 Ed., § 1-2505.

Effect of Amendments

D.C. Law 16-305, in subsec. (b), substituted “employees with temporary disabilities” for “temporarily disabled employees”.

D.C. Law 17-58, in the section heading and subsecs. (a) and (b), substituted “related medical conditions, or breastfeeding” for “or related medical conditions”.

The 2015 amendment by D.C. Law 20-261 substituted “related medical conditions, breastfeeding, or reproductive health decisions” for “related medical conditions, or breastfeeding” in (a); substituted “related medical conditions, breastfeeding, and employees affected by reproductive health decisions” for “related medical conditions, or breastfeeding” in (b); and added (c).

The 2015 amendment by D.C. Law 21-36 added the last sentence in (a).

Applicability

Section 7077 of D.C. Law 23-149 repealed section 3 of D.C. Law 23-90 removing the applicability provision impacting this section. Therefore, the amendment of this section by Law 23-90 has been implemented.

Applicability of D.C. Law 23-90: § 3 of D.C. Law 23-90 provided that the change made to this section by § 2(a)(2) of D.C. Law 23-90 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 2 and 3 of the Reproductive Health Non-Discrimination Clarification Emergency Amendment Act of 2015 (D.C. Act 21-18, Mar. 26, 2015, 62 DCR 3855, 21 DCSTAT 851).

For temporary (90 days) amendment of this section, see § 5092 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see §§ 2 and 3 of the Reproductive Health Non-Discrimination Clarification Temporary Amendment Act of 2015 (D.C. Law 21-10, June 4, 2015, 62 DCR 4715).