Race Discrimination in DC
Race Discrimination in DC: Your Rights Under DC and Federal Law
If you work in Washington, DC, you’re protected from race discrimination under both federal law (Title VII of the Civil Rights Act) and the DC Human Rights Act (DCHRA) — and DC’s law reaches further than federal law in several important ways.
DC Law Protects More Than Federal Law Does
Federal law under Title VII prohibits discrimination based on race, and applies to employers with 15 or more employees. Courts have sometimes struggled to apply Title VII to discrimination based on natural hairstyles, since federal law has traditionally focused on immutable traits rather than appearance or grooming choices.
DC law closes that gap in two ways:
- Broader employer coverage. The DCHRA applies to DC employers with as few as one employee, including independent contractors and unpaid interns — far broader than Title VII’s 15-employee threshold.
- A separate “personal appearance” protection. Since the DCHRA’s original enactment in 1977, DC has protected personal appearance as its own standalone trait — defined to include hairstyle, hair texture, facial hair, and grooming. In 2019, the DC Attorney General issued a formal interpretation confirming this protection extends to hairstyle and hair texture discrimination. This means DC workers may have a hair discrimination claim under the “personal appearance” protection regardless of whether it’s tied to race — a broader approach than the CROWN Act model many other states use, which protects hairstyle only as an extension of race discrimination law.
Don't Overlook Section 1981
In addition to the DCHRA and Title VII, federal law offers another option worth knowing about: 42 U.S.C. § 1981. Unlike Title VII, it has no employer-size minimum, no requirement to file with an agency first, a four-year statute of limitations, no cap on damages, and it can allow you to sue an individual supervisor directly. It only covers intentional race discrimination, not neutral policies with a discriminatory effect. See our general race discrimination page for a full breakdown of how Section 1981 compares to Title VII and the DCHRA.
How Long Do You Have to File a Claim in DC?
- Administrative complaint with the DC Office of Human Rights (OHR): must be filed within one year of the discriminatory act or its discovery.
- Filing directly in court: as of the Fairness in Human Rights Administration Amendment Act of 2024, complainants now have two years (increased from one year) to file a DCHRA claim in court.
- Federal Title VII 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 file with OHR first before going to court — you can generally choose either path.
What Counts as Race Discrimination in DC?
Race discrimination can include:
- Refusal to hire, promote, or fairly compensate someone because of race or color
- Race-based harassment that creates a hostile work environment
- Discriminatory grooming or dress code policies, including those that disproportionately affect natural hairstyles
- Retaliation against an employee who reports race discrimination or participates in an investigation
What Compensation Can You Recover?
Workers who successfully bring a race 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
A key DC advantage: unlike Title VII, which caps combined compensatory and punitive damages at $50,000–$300,000 depending on employer size, the DCHRA imposes no cap — the court can award whatever amount it finds appropriate to the case.
Talk to a DC Race Discrimination Attorney
DC’s protections against race and hairstyle-based discrimination are broader than many workers realize. If you believe you’ve experienced race discrimination at work, understanding whether to pursue a claim under the DCHRA, Title VII, Section 1981, or a combination can significantly affect your case.
Or call 301.245.3035 · Intake@WilkenfeldLO.com