District of ColumbiaHarassment Training Requirements

Yes. Under the Tipped Wage Workers Fairness Amendment Act of 2018, employers in Washington, D.C., are required to provide sexual harassment prevention training to employees who receive tipped wages. This law primarily applies to businesses in the restaurant, hospitality, and service sectors, but the broader message encourages all employers in D.C. to adopt training practices. While the law mandates training for tipped workers, all employers are urged to offer sexual harassment training to all employees to foster a respectful and compliant workplace environment.

For employers in D.C. who have tipped employees:

• Training must be provided within 90 days of hire for all new tipped employees.
• Biennial training (every two years) is required for all tipped employees after their initial training.
• Managers and supervisors are also required to undergo sexual harassment prevention training every two years.

While the law focuses on tipped employees, it is recommended for all employers in the area to offer training at regular intervals to ensure the workforce remains aware of harassment laws, policies, and procedures.

Sexual harassment training is mandatory for the following groups:

• All tipped employees in businesses that are subject to the Tipped Wage Workers Fairness Amendment Act.
• Managers and supervisors of tipped employees must also receive regular training every two years.
• Employees in non-tipped positions are not legally required to undergo training but are strongly encouraged to participate in training as part of best practice.

D.C. law specifically targets tipped employees (such as servers, bartenders, and hotel staff) because they are often in roles where power dynamics and customer interactions may increase the risk of harassment. However, employers are encouraged to provide training to all staff to maintain a respectful and inclusive work culture.

The training requirements in Washington, D.C., aim to raise awareness and educate employees and employers on sexual harassment prevention. The topics to be covered include:

• Definition of sexual harassment: Clear examples of what constitutes sexual harassment in the workplace.
• Employee and employer rights: An overview of both D.C. and federal laws related to workplace harassment.
• Reporting procedures: How employees can report harassment and the protections against retaliation for doing so.
• Employer responsibilities: Specific responsibilities employers have to prevent, address, and respond to harassment claims.
• Retaliation protections: Explanation of laws that prohibit retaliation against employees who report harassment or participate in investigations.
• Bystander intervention: Encouraging employees to act as responsible bystanders when witnessing harassment and how to intervene appropriately.

The D.C. Office of Human Rights (OHR) is responsible for enforcing the Tipped Wage Workers Fairness Amendment Act. Employers must certify compliance with the law and provide proof of training upon request. Employers are expected to keep records of all training sessions, including employee completion dates and details of the training program, to ensure they can demonstrate adherence to the law if audited.

Yes, employers who fail to comply with the mandatory training laws can face penalties, including:

• Fines: Employers can be fined for each violation of the law.
• Legal liabilities: Failure to conduct training may increase the likelihood of legal liability in sexual harassment lawsuits, especially if a harassment incident occurs.
• Reputational damage: Employers that do not follow through on training obligations risk losing the trust of their employees, clients, and the public, which can harm their reputation and business operations.

Employers should ensure that all employees complete the necessary training within the required time frame to avoid these potential penalties.

Yes. D.C.’s sexual harassment training laws apply to all employees, including remote workers who are employed by D.C.-based companies. Employers should ensure that training is accessible to all employees, including remote workers, through online platforms that meet the legal requirements. For tipped workers who are remote or working in hybrid roles, it is essential to ensure that the training is comprehensive and accessible, regardless of the employee’s physical location.

Yes. In addition to providing sexual harassment training, D.C. employers are required to have a written anti-harassment policy that is distributed to all employees. The policy must include:

• A clear definition of sexual harassment
• How to report harassment, including the process for filing a complaint with the employer and with the D.C. Office of Human Rights
• A statement prohibiting retaliation for employees who report harassment or participate in investigations
• Contact information for reporting harassment
• Steps the employer will take to investigate and resolve complaints
• The policy should be made available to all employees, preferably in a form that is easy to access (e.g., posted in common areas or included in employee handbooks).

Employers must ensure that all employees receive and acknowledge this policy, either by signing an acknowledgment form or through a company system.

Emtrain offers a comprehensive, D.C.-compliant sexual harassment training solution designed to meet the legal standards set forth by the Tipped Wage Workers Fairness Amendment Act. Our platform provides:

• Engaging, interactive online courses tailored to meet the needs of tipped workers and managers in D.C.
• Tracking and reporting tools to help employers monitor training completion and maintain records for compliance purposes
• Biennial training reminders to ensure that employees and supervisors receive refresher courses as required
• Additional resources on promoting workplace ethics, respect, and inclusion, helping employers foster a positive and safe work environment for all employees
• Customizable content for employers who want to extend training beyond tipped workers to other employee groups

Emtrain’s platform helps businesses streamline the compliance process and ensure that all employees have the tools and knowledge they need to prevent harassment and create a respectful workplace culture.