Dispute Resolution

Certain claims of violations of the Congressional Accountability Act of 1995 (CAA) must go through a mandatory, multi-step administrative dispute resolution (ADR) process. All covered employees must follow ADR procedures in order for the Office of Congressional Workplace Rights (OCWR) to process their claims under the CAA. 

The Confidential Advisor is an experienced employment law attorney with extensive knowledge of the employee protection laws applied by the CAA. The Confidential Advisor may discuss employees’ workplace concerns and inform them of their rights and options under the CAA and the OCWR’s procedures.  The Confidential Advisor also may help employees draft a claim, but may not represent them in any proceeding. The Confidential Advisor will provide these services, at no cost, on a privileged and confidential basis.

Important points to consider:

• Failing to follow these procedures or to meet established timelines may jeopardize the processing of any claims filed with the OCWR.
• A brief description of the ADR process under the CAA is described below.
• A chart depicting the ADR process is also available for download.
• More information on filing a claim alleging violation(s) of the CAA can be found on the File a Claim with the OCWR page.
• Not all rights under the CAA are enforced through the dispute resolution process. For instance, 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.

 

Representation Information

Directory of Legal Organizations

When requested, a legal organizations directory is provided to individuals seeking legal representation in matters covered by the CAA. The legal organizations offer their referral lists to members of the public and services provided by these organizations are indicated in the directory. The OCWR does not provide nor is it responsible for legal advice or services offered in this directory, and this directory should not be considered as an endorsement by the OCWR of any particular legal organization.

Office of Employee Advocacy

House employees may also contact the Office of Employee Advocacy at (202) 225-8800 to request free legal consultation and representation in matters covered by the CAA.

 

Multi-step ADR Process

Step 1:  Claim filing

The first step in the ADR process is the filing of a claim with the OCWR during the 180-day period that begins on the date of the alleged violation. The OCWR may not process 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. The OCWR transmits a copy of the claim to the head of the employing office and the employing office’s representative immediately after the claim is filed. The OCWR provides different notifications when a claim is filed against current or former Members of Congress.

Covered employees may contact the OCWR to seek information about their rights and the procedures under the CAA before deciding whether to file a claim. 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 Review

A Preliminary Hearing Officer (PHO) must conduct a preliminary review of a claim to determine whether the claim may proceed to an OCWR administrative 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 claimant 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 claimant;
6. Whether, on the basis of the assessments made under paragraphs (1) through (5), the claimant 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; and
7. The potential for settling the claim without a formal hearing as provided under section 405 of the CAA, 2 U.S.C. § 1405, or a civil action as provided under section 408 of the CAA, 2 U.S.C. § 1408.

Preliminary review ends when the PHO issues a report, usually within thirty (30) days of the date the claim was filed, determining whether the claimant is a covered employee who has stated a claim for which relief may be granted under the CAA.

If the PHO determines in the report 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, before the PHO issues the report, the claimant files a civil action, then this terminates the preliminary review and administrative processing at the OCWR. 

Step 3:  Mediation

OCWR mediation is voluntary, may be requested by either the claimant or the employing office, and may proceed only if the non-requesting party also agrees. After a claim is filed, the OCWR notifies the parties about the mediation process and applicable deadlines. Additionally, if requested by either the party, the parties must be separated during the mediation session.

Applicable time periods:

• After a claim is filed, either the claimant or the employing office may request mediation up until either the hearing officer issues a decision on the merits of the claim or a complaint is filed in federal court by the claimant.
• 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.
• Claim processing deadlines that have not passed by the first day of mediation are stayed during mediation.

Step 4:  Adjudication of Disputes through Administrative Hearing or District Court

Administrative Hearing

If the PHO determines in the report that a claimant has passed preliminary review, the claimant may proceed to an administrative hearing. A claimant must submit a hearing request within ten (10) days after the preliminary report is issued.

After a hearing is requested, an independent Merits Hearing Officer (MHO) is appointed to adjudicate the claim. The 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.

District Court Filing

All claimants must first file a timely claim with the OCWR before they may file a civil action in federal district court.

• A claimant may choose to file a civil action within seventy (70) days beginning on the date the claim was filed with the OCWR.
• A claimant, however, may not file a civil action if the claimant already requested an administrative hearing through the OCWR.
• If a claimant files a civil action while the PHO is still conducting the preliminary review of the claim, the review terminates immediately and the PHO has no further involvement.
• If a claimant waits for the preliminary review phase to end before deciding whether to file in district court and the PHO determines in the report that the allegations raised in the claim did not pass preliminary review, the claimant has ninety (90) days after receiving the report to file a civil action.

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.

 

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, the prevailing party may be awarded monetary awards and other appropriate remedies, 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

Employees may choose to designate a representative—at their expense—such as an attorney, to represent them at any time during the ADR process. The services of a Confidential Advisor may not be provided if the covered employee has designated an attorney representative, except that the Confidential Advisor may provide general assistance and information to the attorney representative regarding the CAA and the role of the OCWR.