LFTL: Sexual Harassment Policy Compliance ft. Joy Einstein
Joy Einstein, Shareholder, Employment & Labor Law Practice at Shulman Rogers
If you run a restaurant in Washington, DC, there's a compliance deadline quietly approaching that doesn't get nearly enough attention at the line level, in the manager meeting, or even at the ownership table: your sexual harassment policy submission.
DC law requires restaurant operators to have a compliant written sexual harassment policy in place - and the District's business self-service portal opened January 1, 2026 for calendar year 2025 submissions. The deadline to submit in DC is May 31, 2026. That's not far off, and the consequences of missing it or submitting something that doesn't pass muster can create real legal and financial exposure.
But this isn't just a DC story. Across the country, employment law standards for hospitality businesses are evolving. Whether you're required to submit a formal policy or not, having a clear, documented approach to workplace conduct isn't just a legal checkbox - it's a signal to your team about the culture you're building.
To walk us through what operators need to know, we're joined by Joy Einstein, Employment & Labor Law Shareholder at Shulman Rogers, focusing on management-side labor relations and employment litigation. Joy works extensively with hospitality clients and is here to help operators understand their responsibilities, avoid common mistakes, and get ahead of a deadline that has a way of sneaking up on even the most organized teams.
Harmony: We’ll talk about nationwide topics shortly but let's start with the basics for our DC clients. What exactly does DC law require from restaurant operators when it comes to sexual harassment policies?
Joy: Under the Tipped Wage Workers Fairness Amendment Act, all DC restaurants with at least one tipped employee must (1) implement a sexual harassment policy; (2) provide mandatory in-person training for managers and online training for others every two years; (3) file annual compliance reports with the Office of Human Rights by May 31 of each year; and (4) post a notice of any violations.
For the sexual harassment policies themselves, they have to be distributed to employees and posed in a location that is accessible to employees.
Harmony: The submission portal opened January 1st for calendar year 2025. What does that process actually look like, and what are operators submitting?
Joy: Operators have to hop onto the DC Office of Human Rights Business Self Service portal. They will be asked to check the box that they have a sexual harassment policy, that they are uploading the policy, and that the policy is posted. They have to certify that all employees received a copy, the total number of employees, and the number of employees and managers who received a copy.
Harmony: What are the most common mistakes you see restaurants across the country make when putting a policy together - either in the content itself or the documentation process?
Joy: Restaurants are among the most frequent sources of sexual harassment claims, so its really important that the sexual harassment language in the handbook be clear. One of the most frequent errors I see is failing to include essential components. A well-drafted policy should have a clear definition of harassment; concrete examples of prohibited conduct; a statement that violations will result in discipline up to and including termination of employment; specific reporting procedures with multiple channels for complaints; and an explicit prohibition against retaliation. In the restaurant industry, it’s also very important that policies address potential harassment by customers. Failing to address this leaves a significant gap. Policies also need to incorporate and specific state or local requirements.
Harmony: Beyond having a written policy, are there training or posting requirements operators should know about?
Joy: All employers with 15 or more employees are required to post the EEOC’s “Know Your Rights Poster,” which summarizes federal anti-discrimination laws, including protections against sexual harassment. While federal law doesn’t mandate sexual harassment training for private-sector employers, the EEOC’s enforcement guidance makes trainign a clear best-practice expectation. Courts also routinely consider whether an employer provided anti-harassment training when evaluating liability under Title VII, making training essential. Restaurants also need to check to make sure whether additional state and local poster or training requirements apply.
Harmony: For operators outside of DC, is this something they should be paying attention to? Are other jurisdictions moving in this direction?
Joy: They definitely are. But even if a jurisdiction does not have a formal policy requirement, if employees are being harassed, employers generally want to know about it and correct it early on. So I recommend that all operators have a policy that includes procedures for how to report.
Harmony: How should a restaurant owner think about the difference between a generic policy template they find online versus something that's actually legally defensible?
Joy: The generic policies that you find online don’t usually address restaurant-specific dynamics. For example, a generic template is unlikely to address customer or vendor harassment, even though this is a significant issue in the industry and operators can be held liable for third-party harassment they knew or should have known about and failed to correct. A lot of generic policies that you see online say that harassment should be reported to the employee’s supervisor or management. This is also problematic because in the restaurant industry– unfortunately– we run into a lot of instances in which the supervisor is perpetuating the harassment, and controls things like shift assignments and section placement, so this needs to be worded differently. A good sexual harassment policy also provides examples of sexually harassing conduct. Templates don’t usually use examples that we see in the industry– such as unwanted touching on the line; explicit “kitchen talk,” managers conditioning shifts on favors, etc. And, online templates are unlikely to address required state and local components.
Harmony: If a restaurant already has a policy in place, does it automatically qualify? What should owners do to check whether what they have actually meets the DC standard?
Joy: No, because again, DC has its own unique requirements. Run it by competent employment counsel. I would be able to tell in 30 seconds where the policy is compliant.
Harmony: Last question - for an owner who's realizing right now that they haven't addressed this yet, what's the first step they should take, and is there still time to get it done before May 31st?
Joy: Well, this is a difficult one, because by May 31, operators are supposed to certify that they were in compliance in 2025, so there’s no way to go back in time to comply in 2025. But, the District can impose fines of up to $100/day for non-compliance, so operators should get their policies drafted, distributed and posted ASAP.
TL;DR - The Tipped Wage Workers Fairness Amendment Act of 2018 (TWWF) requires employers who employ at least one tipped employee in Washington, D.C. to submit certain information annually to the D.C. Office of Human Rights (OHR). The OHR’s self-service portal opened on Jan. 1, 2026, for calendar year 2025 submissions. Businesses must upload their sexual harassment policies and certifications before the May 31, 2026 deadline. Now is the time to make sure you have a D.C.-complaint sexual harassment policy in place.
More info about Joy can be found at the Shulman Rogers website. For advice on sexual harassment policies, we're happy to make an introduction to Joy and her team for Harmony clients - just reach out to your Harmony team, or you can contact Joy at jeinstein@shulmanrogers.com.