Domestic Worker Employment Rights

The “Domestic Worker Employment Rights Amendment Act of 2022,” which went into effect on October 1, 2023, (1)  includes domestic workers under the District’s Human Rights Act; (2)  creates a legal right for every domestic worker to have a written employment contract to ensure domestic workers have a clear understanding of the terms and conditions of their employment; and (3) establishes a new program funded by the District to conduct outreach and educate domestic workers in   the District about their rights under the law.

The Domestic Worker Employment Rights Amendment Act protects domestic workers from discrimination at work. This means that it is illegal for an employer to discriminate against a domestic worker on the basis of their age, race, sex, religion and other protected traits. Discriminatory practices include unfair treatment in hiring, promotion, termination, pay, reasonable accommodations, retaliation, and various types of harassment. The full list of protected traits can be found here.
 
Domestic workers also have the right to a written contract with their employers. This contract must include the minimum terms required by the law. A template contract was produced by the D.C. Department of Employment Services and is available here. Employers must make a reasonable effort to give domestic workers a contract in the workers’ preferred language.
Additionally, domestic workers are covered by the District’s general wage laws and anti-discrimination laws for all employees…

Domestic workers in  the District have a right to a contract, minimum wage and overtime, paid sick leave, paid family leave, workers’ compensation benefits, and protection against discrimination, regardless of their immigration status. It is illegal for an employer to report or threaten to report an undocumented worker to immigration authorities for complaining about a violation of their labor rights.

If you are a domestic worker and your legal right to a contract or wages was violated, you can file an administrative claim with the Department of Employment Services here. If you are a domestic worker and have experienced discrimination at your job, you can file a claim of discrimination under DC’s Human Rights Act here. You also have the right to bring a civil action against your employer in court.