(a) For the purposes of interpreting this chapter, discrimination on the basis of sex shall include, but not be limited to, discrimination on the basis of pregnancy, childbirth, related medical conditions, breastfeeding, or reproductive health decisions. This section shall not be construed to require an employer to provide insurance coverage related to a reproductive health decision.

(b) Women affected by pregnancy, childbirth, related medical conditions, or breastfeeding, and employees affected by reproductive health decisions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and this requirement shall include, but not be limited to, a requirement that an employer must treat an employee temporarily unable to perform the functions of her job because of her pregnancy-related condition in the same manner as it treats other employees with temporary disabilities.

(c) For the purposes of this section, the term “reproductive health decisions” includes a decision by an employee, an employee’s dependent, or an employee’s spouse related to the use or intended use of a particular drug, device, or medical service, including the use or intended use of contraception or fertility control or the planned or intended initiation or termination of a pregnancy.

(Dec. 13, 1977, D.C. Law 2-38, title I, § 105; as added July 17, 1985, D.C. Law 6-8, § 2, 32 DCR 2959; Apr. 24, 2007, D.C. Law 16-305, § 10, 53 DCR 6198; Dec. 11, 2007, D.C. Law 17-58, § 2(a), 54 DCR 10714; May 2, 2015, D.C. Law 20-261, § 2, 62 DCR 1337; Oct. 22, 2015, D.C. Law 21-36, § 5092, 62 DCR 10905.)

1981 Ed., § 1-2505.

D.C. Law 16-305, in subsec. (b), substituted “employees with temporary disabilities” for “temporarily disabled employees”.

D.C. Law 17-58, in the section heading and subsecs. (a) and (b), substituted “related medical conditions, or breastfeeding” for “or related medical conditions”.

The 2015 amendment by D.C. Law 20-261 substituted “related medical conditions, breastfeeding, or reproductive health decisions” for “related medical conditions, or breastfeeding” in (a); substituted “related medical conditions, breastfeeding, and employees affected by reproductive health decisions” for “related medical conditions, or breastfeeding” in (b); and added (c).

The 2015 amendment by D.C. Law 21-36 added the last sentence in (a).

For temporary (90 days) amendment of this section, see §§ 2 and 3 of the Reproductive Health Non-Discrimination Clarification Emergency Amendment Act of 2015 (D.C. Act 21-18, Mar. 26, 2015, 62 DCR 3855, 21 DCSTAT 851).

For temporary (90 days) amendment of this section, see § 5092 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (225 days) amendment of this section, see §§ 2 and 3 of the Reproductive Health Non-Discrimination Clarification Temporary Amendment Act of 2015 (D.C. Law 21-10, June 4, 2015, 62 DCR 4715).