Resolve a Dispute

Certain claims of violations of the Congressional Accountability Act of 1995 (CAA) must go through a mandatory, multi-step dispute resolution process. A Confidential Advisor is available to help employees with their claims. All employees, including district and state office staff, must follow established dispute resolution procedures in order to process their claims under the CAA. 

The failure to follow these procedures or to meet established time lines may jeopardize any claims raised under the CAA.

This is only a brief description of the dispute resolution process. The process under the CAA on or after June 19, 2019 is described below. The process before June 19, 2019 is described at the end.

Please note:

• Several charts about the new process are also available for download: Most claims, Claims against Members of Congress, Claims filed by Library of Congress employees 
• Legislative branch employees may electronically file a claim with the OCWR. Claims must allege a violation of the CAA. Forms are also available here.
• The OCWR now provides employees, at no cost, the services of a Confidential Advisor. Employees may meet with the Confidential Advisor to discuss their workplace concerns, and the Advisor will inform them of their rights and options under the CAA.  The Confidential Advisor also may help an employee draft a claim, but may not represent the employee in any proceeding.

Additional representation information: Directory of Legal Organizations

(Please note: House employees may also contact the Office of Employee Advocacy (OOEA) at 202-225-8800 to request free representation.)

Not all rights applied by the CAA are enforced through the dispute resolution process. The General Counsel of the OCWR may bring an enforcement action when violations of safety and health, access to public services and accommodations rights for the disabled, or unfair labor practices are alleged.

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Multi-step Process for Dispute Resolution

Step 1:  Claim filing

The first step in the dispute resolution process is to file a claim with the OCWR within 180 days of the alleged violation.  The OCWR may not accept any untimely filed claims.  

The claim must be in writing, under oath or affirmation, describe the facts that create the basis of the claim and the violation that is being alleged, identify the employing office alleged to have committed the violation or in which the violation is alleged to have occurred, and be in the format required by the OCWR.

When the OCWR receives the claim, the OCWR records the claim and provides the claimant with information about his or her rights under the CAA Reform Act.  The OCWR is required to transmit a copy of the claim to the head of the employing office and the employing office’s representative immediately after the claim is filed.  There are additional notification requirements for claims filed against current or former Members of Congress.

Covered employees may contact the OCWR before filing a claim to seek information about their rights and the procedures under the CAA Reform Act. As stated above, the OCWR offers, at no cost to covered employees, confidential advising services to provide information, guidance, and assistance with drafting claims.

Step 2:  Preliminary Hearing Officer Review

A Preliminary Hearing Officer (PHO) must conduct a preliminary review of claims filed by covered employees as a condition precedent to proceeding to a hearing.  During the preliminary review, the PHO assesses the following:

1. Whether the claimant is a covered employee authorized to obtain relief relating to the claim;
2. Whether the office at issue is an employing office;
3. Whether the individual filing the claim has met the applicable deadlines for filing the claim;
4. The identification of factual and legal issues involved in the claim;
5. The specific relief sought by the individual;
6. Whether, on the basis of the assessments made under paragraphs (1) through (5), the individual filing the claim is a covered employee who has stated a claim for which, if the allegations contained in the claim are true, relief may be granted under the CAA Reform Act; and
7. The potential for settling the claim without a formal hearing as provided under section 405 of the CAA or a civil action as provided under section 408 of the CAA.

After conducting the preliminary review, the PHO will issue a report generally within thirty (30) days of the date the claim was filed. The report must include a determination  on whether the claimant is a covered employee who has stated a claim for which relief may be granted under the CAA Reform Act.  The report must also be submitted to the House or Senate ethics committee in the case of a claim against a Member of the House of Representatives or a Senator for:

• Unlawful harassment in violation of sections 201(a) or 206(a) of the CAA; or
• Unlawful intimidation, reprisal, or discrimination under section 207 of the CAA which were taken against a covered employee because of a claim alleging unlawful harassment in violation of sections 201(a) or 206(a) of the CAA.

If the PHO determines that the claimant is not a covered employee who has stated a claim for which relief may be granted under the CAA, the claimant is notified that an administrative hearing is not available to them, and the only way to pursue their claim is to file a civil action in federal district court. If an employee files a civil action before the PHO concludes his or her review, then this terminates the preliminary review and administrative processing. 

Step 3:  Voluntary Mediation

Mediation is voluntary, may be initiated by any party, and may only proceed if all parties agree.  When the OCWR receives a claim, it must notify the covered employee about the mediation process and applicable deadlines, and must similarly provide such notice to the employing office upon transmitting the claim to the office.  Additionally, the parties must be separated during mediation at the request of any party.

Applicable time periods:

• Mediation may be requested at any time during the period beginning on the day the covered employee or employing office receive notice of the process and the employing office receives notice of the claim, and ending on the date when either the Merit Hearing Officer (MHO) issues a final written decision or the covered employee files a civil action.
• The mediation period lasts for thirty (30) days, beginning on the day when the non-requesting party agrees to mediate, and may be extended an additional 30 days.
• Any deadlines related to claims being mediated that have not passed by the first (1^st) day of mediation are stayed during mediation.

Step 4:  Adjudication of Disputes through Administrative Hearing or Civil Action

Administrative Hearing

Covered employees may only proceed to an administrative hearing if the PHO conducting the preliminary review determines that they have stated a cognizable claim.  Such claimants then must submit a hearing request to the ED within ten (10) days after the the preliminary review report is issued.

When a hearing is requested, the ED then appoints an independent MHO, who cannot be the same individual who conducted the preliminary review.  This MHO must commence a hearing within ninety (90) days of the hearing request, unless the parties mutually agree to an additional thirty (30) day extension.

Further, if the claim asserts facts that would, if sustained, subject a Member of the House of Representatives (including a Delegate or Resident Commissioner to Congress) or a Senator to the reimbursement provisions, the Member of Congress has the right to intervene and participate in proceedings.

District Court Filing

A covered employee’s options for filing in district court are as follows:

• After an employee has filed a timely claim with the OCWR, the employee may file a civil action in federal district court within a seventy (70) day period beginning on the date the employee files the OCWR claim.
• However, the employee may not file a civil action if he or she has already requested an administrative hearing through the OCWR.
• If an employee files a civil action while the PHO is conducting the preliminary review of that employee’s claim, the review terminates immediately upon the filing of the civil action and the PHO has no further involvement.
• An employee also may wait until the PHO concludes the preliminary review before deciding whether to file in district court.  If the PHO determines that the employee has not stated a claim for which relief may be granted and issues a written notice stating that the employee has a right to file a civil action, then the time period for filing in district court resets, and the employee has ninety (90) days from his or her  receipt of the PHO’s notice to file a civil action.

 You must first file a claim with the OCWR before you may file a civil action in federal district court.

Step 5:  Appeals

If, after an administrative hearing, any party is dissatisfied with the final decision of the MHO, that party may ask the OCWR’s Board of Directors to review the MHO’s decision. A petition for review by the OCWR Board must be made within thirty (30) days of the time the MHO’s decision is entered into the records of the OCWR.  After review, the Board will issue a written decision on the case along with its reasoning for the decision.  If the employee or the employer is dissatisfied with the Board’s ruling, the decision may be appealed to the U.S. Court of Appeals for the Federal Circuit for further review.  The Board typically publishes its final decisions.

If the case proceeds to a civil suit, appeals of federal district court decisions will proceed under the rules that normally apply to appeals in federal court; usually, this means an appeal to the appropriate U.S. Court of Appeals.

Awards, Penalties, and Attorney’s Fees

Depending on the law and the facts in the case, the MHO, the OCWR Board, or a Federal court judge may order monetary awards and other appropriate remedies for the prevailing party, such as reinstatement, promotion, or back pay.  Attorney’s fees, expert fees, and certain other costs also may be awarded.  No civil penalties or punitive damages may be awarded for any claims under the CAA.

Representation

At any time during the ADR process, an employee may designate a representative (at the option and expense of the employee), such as an attorney, to represent him or her in the matter. The services of a Confidential Advisor may not be provided to an employee who is represented by an attorney, except to provide general assistance regarding the Act and the OCWR.