(a) Notwithstanding any other provision of this subchapter, no otherwise eligible individual shall be denied benefits for any week because the individual was separated from employment by discharge or voluntary or involuntary resignation due to domestic violence against the individual or any member of the individual's immediate family, unless the individual was the perpetrator of the domestic violence.
(b) For the purposes of this part, the term "domestic violence" shall have the same meaning as "intrafamily offense", as defined in § 16-1001(8).
(Aug. 28, 1935, ch. 794, § 31, as added June 19, 2004, D.C. Law 15-171, § 2(b), 51 DCR 4701; Mar. 25, 2009, D.C. Law 17-368, § 4(i), 56 DCR 1338; July 23, 2010, D.C. Law 18-192, § 2(d), 57 DCR 4500.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-368 substituted "§ 16-1001(8)" for "§ 16-1001(5)".
D.C. Law 18-192 rewrote the section, which had read as follows:
"Notwithstanding any other provision of this subchapter, no otherwise eligible individual shall be denied benefits for any week because the individual was separated from employment by discharge or voluntary or involuntary resignation due to domestic violence. For the purposes of this part, the term 'domestic violence' means an intrafamily offense as defined in § 16-1001(8)."
Legislative History of Laws
Law 15-171, the "Unemployment Compensation and Domestic Violence Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-436, which was referred to Committee of Public Service. The Bill was adopted on first and second readings on March 2, 2004, and April 6, 2004, respectively. Signed by the Mayor on April 21, 2004, it was assigned Act No. 15-418 and transmitted to both Houses of Congress for its review. D.C. Law 15-171 became effective on June 19, 2004.
Law 17-368, the "Intrafamily Offenses Act of 2008", was introduced in Council and assigned Bill No. 17-55 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 22, 2009, it was assigned Act No. 17-703 and transmitted to both Houses of Congress for its review. D.C. Law 17-368 became effective on March 25, 2009.
For Law 18-192, see notes following § 51-107.
A claimant may be eligible to receive benefits for separation from employment due to domestic violence provided that one of the following is submitted to support the claim of domestic violence:
(1) A police report or record;
(2) A governmental agency or court record, such as a court order, a Petition for a Civil Protection Order, or a record or report from Child Services; or
(3) A written statement, which affirms that the claimant has sought assistance for domestic violence from the signatory, from a:
(i) Shelter official;
(ii) Social worker;
(iii) Counselor;
(iv) Therapist;
(v) Attorney;
(vi) Medical doctor; or
(vii) Cleric.
(Aug. 28, 1935, ch. 794, § 32, as added June 19, 2004, D.C. Law 15-171, § 2(b), 51 DCR 4701.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-171, see notes following § 51-131.
Benefits paid pursuant to this part shall not be charged to the experience rating accounts of employers, except that this section shall not apply to employers who have elected to make payments in lieu of contributions under § 51-103(f) and (h).
(Aug. 28, 1935, ch. 794, § 33, as added June 19, 2004, D.C. Law 15-171, § 2(b), 51 DCR 4701.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-171, see notes following § 51-131.
(a) Within 180 days of June 19, 2004, and pursuant to § 51-113, the Director shall institute a program for the training and development of employees who have been designated by the Director to make the initial determination whether benefits may be payable to a claimant. The training shall focus on the nature of domestic violence, with the goal of increasing employee awareness of its ramifications on unemployment, and on the procedure for handling claims based on domestic violence. The training shall seek to ensure that employees who interact with claimants have the knowledge necessary to handle domestic violence claims and the skills to provide equitable treatment to all claimants.
(b) The training shall be offered annually. Persons newly hired or assigned to make the initial determination whether benefits may be payable shall attend the next available training subsequent to their hire or assignment.
(Aug. 28, 1935, ch. 794, § 34, as added June 19, 2004, D.C. Law 15-171, § 2(b), 51 DCR 4701.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-171, see notes following § 51-131.
The Director shall each year submit to the Mayor, for inclusion in the Mayor's report to the Council, as required by § 51-113(c), the number of individuals who received benefits for separation from employment due to domestic violence.
(Aug. 28, 1935, ch. 794, § 35, as added June 19, 2004, D.C. Law 15-171, § 2(b), 51 DCR 4701.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-171, see notes following § 51-131.
The release of information pertaining to a domestic violence claimant, in addition to the requirements of § 51-113, shall require that:
(1) The Director notify the claimant prior to the release of any information;
(2) The Director shall take reasonable actions to prevent the unnecessary disclosure of personal identifiers, such as the claimant's address, from information otherwise required to be disclosed by law; and
(3) Further dissemination of the information released shall be prohibited.
(Aug. 28, 1935, ch. 794, § 36, as added June 19, 2004, D.C. Law 15-171, § 2(b), 51 DCR 4701.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-171, see notes following § 51-131.
