It is an unlawful discriminatory practice, subject to the exemptions in § 2-1401.03(b), for an educational institution:
(1) To deny, restrict, or to abridge or condition the use of, or access to, any of its facilities, services, programs, or benefits of any program or activity to any person otherwise qualified, wholly or partially, for a discriminatory reason, based upon the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, political affiliation, source of income, or disability of any individual; or
(2) To make or use a written or oral inquiry, or form of application for admission, that elicits or attempts to elicit information, or to make or keep a record, concerning the race, color, religion, or national origin of an applicant for admission, except as permitted by regulations of the Office.
(3) Notwithstanding any other provision of the laws of the District of Columbia, it shall not be an unlawful discriminatory practice in the District of Columbia for any educational institution that is affiliated with a religious organization or closely associated with the tenets of a religious organization to deny, restrict, abridge, or condition --
(A) the use of any fund, service, facility, or benefit; or
(B) the granting of any endorsement, approval, or recognition,
to any person or persons that are organized for, or engaged in, promoting, encouraging, or condoning any homosexual act, lifestyle, orientation, or belief.
CREDIT(S)
(Dec. 13, 1977, D.C. Law 2-38, title II, § 241, 24 DCR 6038; Nov. 21, 1989, 103 Stat. 1284, Pub. L. 101-168, § 141(b); June 28, 1994, D.C. Law 10-129, § 2(f), 41 DCR 2583; Apr. 20, 1999, D.C. Law 12-242, § 2(g), 46 DCR 952; Oct. 1, 2002, D.C. Law 14-189, § 2(e), 49 DCR 6524; Mar. 8, 2006, D.C. Law 16-58, § 2(f), 53 DCR 14.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-2520.
1973 Ed., § 6-2251.
Effect of Amendments
D.C. Law 14-189, in par. (1), substituted “facilities, services, programs, or benefits of any program or activity” for “facilities and services” and substituted “actual or perceived: race” for “race”.
D.C. Law 16-58, in par. (1), substituted “sexual orientation, gender identity or expression,” for “sexual orientation,”.
Legislative History of Laws
For legislative history of D.C. Law 2-38, see Historical and Statutory Notes following § 2-1401.01.
For legislative history of D.C. Law 10-129, see Historical and Statutory Notes following § 2-1401.01.
For legislative history of D.C. Law 12-242, see Historical and Statutory Notes following § 2-1401.01.
For Law 14-189, see notes following § 2-1401.02.
For Law 16-58, see notes following § 2-1401.01.