DECISION OF THE BOARD OF DIRECTORS
Complainant, Sherry Britton filed a claim against Respondent, the Office of the Architect of the Capitol, alleging among other things retaliation in violation of Section 207 of the Congressional Accountability Act (“CAA”), 2 U.S.C. 1317. The hearing officer dismissed the retaliation claim for failure to establish a sufficient “adverse action” as required to establish a prima facie case in Title VII retaliation cases. For the reasons that follow, we reverse and remand for further proceedings consistent with this opinion.
I. Background
Sherry Britton is a supply technician in the furniture division of the Senate Office Buildings of the Office of the Architect. This is the second case she has brought against her employer under the Congressional Accountability Act. This case alleges retaliation for bringing the first case and is brought under Section 207 of the CAA, 2 U.S.C. 1317.
Britton commenced proceedings in the prior case, Britton v. Office of the Architect of the Capitol, Case No. 01-AC-346 (CV, FM, RP) (“Britton I”), on May 11, 2001. Britton I alleged a violation of Section 202 of the CAA, which applies the Family and Medical Leave Act (“FMLA”) to the Legislative Branch. Britton I arose after Britton was disciplined for leaving work without first providing notice or obtaining permission upon learning that her child had committed a violent act at school and was about to be taken into police custody.
On September 20, 2001, while the proceedings in Britton I were pending, Britton notified the AOC that she would need 3.3 hours of leave without pay that day due to a disability. Rather than approving the time off, the AOC placed Britton by incident report in an AWOL disciplinary status for the 3.3 hours requested. On appeal, Britton also asserts the AOC “thereafter proposed a five-day suspension” and “following a hearing on said five-day suspension proposal, issued an Official Reprimand” to Britton. (Brief, p.3.) These facts were not included in Britton’s initial Complaint, her proposed Amended Complaint, other pleadings or the record of proceedings before the Hearing Officer.
