DC EMPLOYMENT PROTECTIONS

Domestic Violence, Sexual Offense, and Stalking Victim Status Discrimination

If you’ve experienced domestic violence, a sexual offense, or stalking — or you’re a family member of someone who has — the protections available to you at work vary dramatically depending on where you work. DC treats this as a direct, standalone protected trait with real teeth. Maryland and federal law take a different approach, protecting you mainly through separate leave rights and overlapping legal theories rather than a dedicated anti-discrimination category. For an overview of discrimination law generally, see our Discrimination overview.

DC: A Direct Protected Trait, With Accommodation and Confidentiality Built In

Added to the DC Human Rights Act in 2018 through the Employment Protections for Victims of Domestic Violence, Sexual Offenses, and Stalking Amendment Act of 2018, this law protects your status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking directly — and this protection goes well beyond a simple ban on discrimination. It includes three distinct rights:
  • Anti-discrimination. Your employer cannot fail to hire, fire, or otherwise discriminate against you because of this status.
  • A reasonable accommodation duty. Your employer must reasonably accommodate you if you need to attend, participate in, or prepare for a criminal, civil, or administrative proceeding related to the violence; if you sought physical or mental health treatment or counseling related to it; or if the person responsible caused a disruption at your workplace or threatened your job.
  • Confidentiality. Your employer generally cannot disclose information you’ve provided about your status as a victim — including statements, documentation, or other evidence — without your written authorization, except in narrow circumstances like a court order or a genuine safety necessity.
DC also has its own paid Sick and Safe Leave Act (generally 3–7 days for DV-related absences) and Paid Family Leave (up to 12 weeks) that work alongside this protection.

Maryland: Leave Rights, Not a Discrimination Category

Maryland has not enacted a standalone anti-discrimination law specifically covering domestic violence, sexual assault, or stalking victim status, and it has no reasonable accommodation duty comparable to DC’s. Instead, Maryland protects victims through different mechanisms:
  • Safe leave under the Healthy Working Families Act. Employees at Maryland employers with 15 or more employees can earn up to 40 hours (5 days) of paid sick and safe leave per year, usable for medical or mental health treatment, victim services, legal proceedings, or temporary relocation related to domestic violence, sexual assault, or stalking.
  • “Good cause” for unemployment insurance. If you’re forced to leave your job because continued employment would jeopardize your safety (or that of your spouse, minor child, or parent) due to domestic violence, Maryland law allows this to qualify as “good cause” for leaving, preserving your eligibility for unemployment benefits — with documentation such as a protective order or police record.
  • Overlapping protections. If your continued exposure to domestic violence caused a disability, you may be protected under the ADA. And if your employer treats similarly situated male and female employees differently in this context — for example, allowing men time off for family court but denying women time off to seek a protective order — that may violate Title VII’s ban on sex discrimination.

Federal Law: No Dedicated Category, But Real Overlapping Protections

Like Maryland, federal law has no standalone anti-discrimination category for this status. But several federal laws can still apply depending on your situation:
  • The Americans with Disabilities Act (ADA), if the violence caused a disability.
  • Title VII of the Civil Rights Act, if the treatment amounts to sex discrimination — for example, unequal treatment of employees seeking similar accommodations for similarly situated reasons.
  • The Family and Medical Leave Act (FMLA), which can provide up to 12 weeks of unpaid, job-protected leave if the situation involves a serious health condition, for employers with 50 or more employees.

What Compensation Can You Recover in DC?

Workers who successfully bring a claim under this protection in DC may be entitled to:

  • Back pay and front pay
  • Reinstatement or a comparable position
  • Compensatory damages, including for emotional distress
  • Punitive damages, where the employer acted with actual malice or ill intent
  • Attorney’s fees and costs
A key DC advantage: the DCHRA imposes no cap on compensatory or punitive damages, and claims must generally be filed with the DC Office of Human Rights within one year, or directly in court within two years.

Talk to an Attorney

If you believe you’ve experienced discrimination, a denied accommodation, or an improper disclosure related to your status as a victim of domestic violence, a sexual offense, or stalking — in DC, Maryland, or under federal law — Wilkenfeld Law Office can help you understand which protections apply to your specific situation.
Schedule a consultation

Or call 301.245.3035 ·  Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.
Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.
Scroll to Top