I. Introduction
Welcome
Overview of OOC procedures
Training and outreach
II. ADR Procedures
Subchapter II of the Congressional Accountability Act of 1995 (“CAA”), Extension of Rights and Protections, applies several employee protection statutes to covered employees within the legislative branch. Individuals bringing claims under this subchapter (sections 201-207 of the CAA, 2 U.S.C. §§ 1311-1317) must go through the mandatory dispute resolution process outlined in Subchapter IV of the CAA, Administrative and Judicial Dispute-Resolution Procedures, and in subpart B of the Procedural Rules of the Office of Compliance (“Procedural Rules” or “PROC”), before a complaint may be filed.
1) Applicable Laws
a) Employment discrimination – CAA section 201, 2 U.S.C. § 1311
i. Title VII of Civil Rights Act, ADEA, Rehabilitation Act/ADA Title I
ii. GINA (applies to covered employees pursuant to 42 U.S.C. § 2000ff(2)(A)(iii))
iii. Substantive regulations are not authorized under the CAA
b) Family and Medical Leave Act – CAA section 202, 2 U.S.C. § 1312
i. Substantive regulations issued in 1996
ii. New regulations adopted by OOC Board in 2016 are awaiting congressional approval
c) Fair Labor Standards Act – CAA section 203, 2 U.S.C. § 1313
i. Substantive regulations issued in 1996
ii. Regulations adopted by OOC Board in 2004 implementing exemptions from overtime pay requirements have not yet been approved by Congress
d) Employee Polygraph Protection Act – CAA section 204, 2 U.S.C. § 1314
i. Substantive regulations issued in 1996
e) Worker Adjustment and Retraining Notification (WARN) Act – CAA section 205, 2 U.S.C. § 1315
i. Substantive regulations issued in 1996
f) Veterans employment and reemployment – CAA section 206, 2 U.S.C. § 1316
i. Substantive USERRA regulations adopted by the OOC Board in 2008 have not yet been approved by Congress
ii. Substantive VEOA regulations issued in 2010
g) Prohibition of intimidation or reprisal – CAA section 207, 2 U.S.C. § 1317
2) Counseling
a) Sources: 2 U.S.C. § 1402, Procedural Rule 2.03
