DECISION OF THE BOARD OF DIRECTORS
Appellant Robert Solomon filed a claim against Appellee, the Office of the Architect of the Capitol, alleging two claims of retaliation and one claim of retaliatory hostile work environment,1 in violation of Section 207(a) of the Congressional Accountability Act (“CAA”), 2 U.S.C. 1317. The hearing officer dismissed all three claims, finding that Solomon failed to prove that he suffered an adverse action, as required to establish a prima facie case of retaliation; and that the hostile work environment claim was without merit. In addition, the hearing officer determined that Solomon failed to state a claim upon which relief can be granted. For the reasons set forth below, we reverse the decision of the hearing officer, and remand all claims for proceedings consistent with this opinion.
I. Background
Robert Solomon (“Solomon” or “Appellant”) was employed with the Office of the Architect of the Capitol’s (“AOC”) United States Senate Restaurants from 1986 to 2003. During his tenure, Solomon had been placed on leave restrictions, which required him to submit medical documentation when he was absent due to an illness. In September 2001, Solomon was placed on such a restriction. Consequently, Solomon filed a complaint of discrimination under the CAA. Robert Solomon v. Architect of the Capitol, Case No. 02-AC-34 (CV, RP) (2003) (“Solomon I”). Solomon I alleged that the September 2001 leave restriction violated the CAA. On October 9, 2002, while Solomon I was pending, the AOC placed Solomon under another leave restriction.
As a result of the October 9, 2002 leave restriction, Solomon sought counseling with the Office of Compliance (“Office”). As requested by the Office, Solomon sought relief through the AOC’s internal grievance procedure prior to proceeding with his claim with the Office.2
