The Congressional Accountability Act of 1995 (CAA) applies employment, labor, safety and health, and accessibility laws to the legislative branch of the federal government. The CAA, as amended in 2018 by the CAA Reform Act, establishes an administrative dispute resolution (ADR) program for resolving allegations of CAA violations. The Office of Congressional Workplace Rights (OCWR) administers the ADR program. To initiate a claim with the OCWR, a covered legislative branch employee must first file a claim form with the OCWR within 180 days of the alleged violation. Unpaid staff, job applicants, and former employees also share some of the CAA’s protections. Some employing offices have internal complaint procedures that employees may use to resolve workplace disputes instead of filing claims with the OCWR. The OCWR encourages employees to explore their options to determine which procedures would best fit their needs.

What types of claims are covered by the CAA?

Legislative branch staff are protected by provisions of the following laws:

  • Title VII of the Civil Rights Act of 1964
  • Age Discrimination in Employment Act (ADEA)
  • Title I of the Americans with Disabilities Act (ADA)
  • Rehabilitation Act
  • Family and Medical Leave Act (FMLA)
  • Fair Labor Standards Act (FLSA)
  • Uniformed Services Employment and Reemployment Rights Act (USERRA)
  • Veterans Employment Opportunities Act (VEOA)
  • Genetic Information Nondiscrimination Act (GINA)
  • Employee Polygraph Protection Act (EPPA)
  • Worker Adjustment and Retraining Notification Act (WARN Act)

In addition, all allegations of reprisal, intimidation, or discrimination in retaliation for asserting workplace rights under the CAA must be initiated by filing a claim with the OCWR.

Confidential Advising

The OCWR offers privileged and confidential advising services to covered employees interested in pursuing their rights under the CAA. The confidential advisor is an experienced employment law attorney who functions independently and advises covered employees about their rights and responsibilities under the CAA and the procedural options available to them.

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CATEGORIES: Dispute Resolution