Disability Discrimination in DC
Disability Discrimination in DC: Your Rights Under DC and Federal Law
If you work in Washington, DC, you’re protected from disability discrimination under both federal law (the Americans with Disabilities Act) and the DC Human Rights Act (DCHRA) — and DC’s law reaches significantly further than federal law in several ways. For the general framework covering disability discrimination in every jurisdiction, see our Disability Discrimination hub.
DC Law Covers Employers of Any Size — and Defines Disability More Broadly
Federal law under the ADA applies only to employers with 15 or more employees, and its definition of “disability”
has real limits. The DCHRA covers DC employers of any size, including very small businesses, and uses a broader
definition of disability — meaning more workers may qualify for protection under DC law than would qualify under
the ADA alone.
The Right to a Reasonable Accommodation
Both the ADA and the DCHRA require your employer to engage in an interactive process and provide a reasonable
accommodation for a qualifying disability — such as modified equipment, a flexible schedule, telework, or
reassignment to a vacant position — unless doing so would cause an undue hardship.
Worth knowing: DC has a separate reasonable accommodation law specifically for pregnant and nursing workers
(D.C. Code § 32-1231.02), under which the employer bears the burden of proving undue hardship. That law is
distinct from disability accommodation generally and doesn’t govern most disability claims — it’s mentioned here
only because it’s easy to confuse the two. For disability accommodation claims generally, the standard burden-of
proof rules under the DCHRA and the ADA apply.
How Long Do You Have to File a Claim in DC?
- Administrative complaint with the DC Office of Human Rights (OHR): within one year of the
discriminatory act or its discovery. - Filing directly in court: two years, following the 2024 Fairness in Human Rights Administration
Amendment Act’s extension of this deadline. - Federal ADA claims generally require filing an EEOC charge within 180–300 days before you can sue, and
DC complaints filed with OHR are typically cross-filed with the EEOC automatically. - Unlike federal claims, DC law does not require you to exhaust the OHR process before going directly to
court.
What Counts as Disability Discrimination in DC?
Disability discrimination can include:
- Refusal to hire, promote, or fairly compensate someone because of a disability
- Disability-based harassment that creates a hostile work environment
- Denial of a reasonable accommodation without a genuine showing of undue hardship
- Retaliation against an employee who requests an accommodation or reports disability discrimination
What Compensation Can You Recover?
Workers who successfully bring a disability discrimination claim 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
Talk to a DC Disability Discrimination Attorney
Or call 301.245.3035 · Intake@WilkenfeldLO.com