D.C. Mun. Regs. tit. 4, r. 4-505

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 4-505 - COMPENSATION

505.1

It is unlawful to discriminate in compensation on the basis of membership in any class protected by Title I of the Act. This prohibition shall apply to practices supported by a union contract providing for discriminatory compensation.

505.2

For the purposes of this chapter, "compensation" is defined as all types and methods of remuneration paid to or on behalf of an employee for employment, including wages, uniforms, overtime pay, paid vacations and holidays, paid leaves of absence (except as otherwise herein provided under guidelines for specific protected classes), paid lunch periods, and paid rest or coffee breaks. Commissions, draws, advances, and guarantees are also compensation.

505.3

Insurance, retirement, and benefit plans shall be considered a form of compensation if an employer contributes to them. Any differential in these forms of compensation shall be unlawful if the differential determined on the basis of membership in a class protected by Title I of the Act. In order to justify a differential in compensation, an employer shall have a non-discriminatory basis for the differential.

505.4

Differentials in compensation that flow from the effects of unlawful past discrimination and which are based on membership in the classes protected by Title I of the Act, shall be unlawful, including those resulting in some disadvantage in a merit, incentive, or seniority plan.

505.5

The Office and the Commission shall make a determination as to whether discrimination exists in compensation by weighing the following criteria:

(a) The type of job; and

(b) The skill, effort, and responsibility involved in performing the job.

505.6

Insurance, retirement, and welfare plans shall not discriminate on the basis of membership in any class protected by Title I of the Act, except as in the following:

(a) Any bona fide employment benefit plan, such as a retirement pension or insurance plan which is specifically exempt under the provisions of the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.); and

(b) Insurance plans which are otherwise lawful and which are based on actuarial tables that limit or deny coverage to certain types of disability.

505.7

If an employer contributes to an employee benefit plan, the employer shall furnish equal benefits for all protected classes even if the employer's contribution is greater for one class than for another.

505.8

Employees in protected classes shall not be required to make greater contributions in order to receive equal benefits. If family insurance is provided, that insurance shall provide the coverage for all protected classes and cannot provide only individual coverage for certain protected classes, for example, women or divorced persons.

505.9

Employee benefit plans shall be illegal if they favor survivors of male employees over those of female employees, or vice versa. Nothing in this subsection shall be considered to preclude the operation of a bona fide waiting period clause.

D.C. Mun. Regs. tit. 4, r. 4-505

Final Rulemaking published at 56 DCR 006029 (July 31, 2009)