DC Employment Discrimination Law

DC Employment Discrimination Law: Protected Traits, Process, and Damages

The DC Human Rights Act (DCHRA) is one of the broadest anti-discrimination laws in the country. It applies to virtually every employer in the District, regardless of size, and protects against discrimination based on 21 separate protected traits, far more than federal law recognizes on its own. This page covers what’s protected, how to bring a claim, and what you can recover if you win. For a comparison with Maryland and federal law, see our full Discrimination Overview.

The 21 Protected Traits Under the DCHRA

The DC Office of Human Rights enforces protections against discrimination based on the following traits.

  • Age — 18 years of age or older.
  • Color — skin pigmentation, including variations in skin pigmentation.
  • Credit Information — an employee’s creditworthiness, credit standing, capacity, score, or history.
  • Disability — a physical or mental impairment substantially limiting a major life activity.
  • Family Responsibilities — supporting a legal dependent or blood relation, including children, grandchildren, and parents.
  • Familial Status — being pregnant, or a parent, guardian, or caregiver of a child under 18.
  • Gender Identity & Expression — gender-related identity, appearance, or expression, regardless of sex assigned at birth.
  • Genetic Information — an individual’s or family member’s genetic predisposition or test results.
  • Homeless Status — lacking, having lost, or being at imminent risk of losing stable housing.
  • Marital Status — married, domestic-partnered, single, divorced, separated, or widowed.
  • Matriculation — enrollment in a college, university, secondary school, or vocational program.
  • National Origin — the country or nation an individual or their ancestors are from.
  • Personal Appearance — outward appearance, including hairstyle, tattoos, body size, and piercings.
  • Place of Residence or Business — geographic location of home or work. (Housing and public accommodations only, not employment.)
  • Political Affiliation — belonging to or endorsing any political party.
  • Race — classification or association based on ancestry, ethnicity, or physical traits.
  • Religion — a system of beliefs and practices, including the absence of religious belief.
  • Sealed Eviction Record — an eviction record sealed by DC Superior Court. (Housing only, not employment.)
  • Sex — includes pregnancy, childbirth, related medical conditions, and reproductive health decisions.
  • Sexual Orientation — romantic or sexual attraction, including a range of relationship structures.
  • Status as a Victim of Domestic Violence, a Sexual Offense, or Stalking

How to File a DC Discrimination Complaint

DC gives you two genuinely separate paths, and choosing between them is one of the more important strategic decisions in a DC discrimination case.

Option 1: File with the DC Office of Human Rights (OHR). You generally have one year from the discriminatory act to submit an intake questionnaire. From there, OHR follows a defined process: an intake assessment, docketing and service of a formal Charge of Discrimination, mandatory mediation (DC law requires that every case go through mediation before a full investigation), and, if mediation doesn’t resolve the case, a full investigation leading to a Letter of Determination on whether there’s probable cause. Either side can request reconsideration within 15 days, and if no probable cause is found, the complainant can petition DC Superior Court for review within 30 days.

Option 2: File directly in DC Superior Court. Unlike many jurisdictions, DC does not require you to exhaust the OHR administrative process before suing. You can instead file a civil lawsuit directly in court within two years of the discriminatory act, skipping the administrative process, including mandatory mediation, entirely.

DC government employees follow a different, shorter timeline: you must generally consult a certified EEO counselor within 180 calendar days of the alleged act. If informal resolution fails, the counselor issues an “exit letter,” and you then have 15 days from that letter to submit your OHR intake questionnaire.

What Damages Are Available

  • Reinstatement or a comparable position
  • Back pay and front pay
  • Compensatory damages, including for emotional distress
  • Punitive damages, in cases involving egregious conduct
  • Attorney’s fees and costs

Unlike federal law, which caps compensatory and punitive damages based on employer size, the DCHRA does not impose a statutory damages cap. This is one of the more significant practical differences between bringing a claim under DC law versus Title VII.

Related Practice Areas

Your situation may also involve one of these related areas of employment law:

Talk to a DC Employment Discrimination Attorney

Understanding which of the 21 protected traits applies to your situation, and which of DC’s two filing paths makes sense for you, is often the most important first step. Wilkenfeld Law Office can help you evaluate your options.
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.
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