O F F I C E O F C O M P L I A N C E — A D VA N C I N G 

W O R K P L A C E R I G H T S , S A F E T Y, H E A LT H , A N D 

A C C E S S I B I L I T Y I N T H E L E G I S L AT I V E B R A N C H

www.compliance.gov

WORKPLACE RIGHTS

FO R CO N G R E SSIO NAL E M PLOYE E S
THE CONGRESSIONAL 

ACCOUNTABILITY ACT 

OF 1995 (CAA) APPLIES 

EMPLOYMENT, LABOR, SAFETY, 

HEALTH, AND ACCESSIBILITY LAWS 

TO THE LEGISLATIVE BRANCH, 

WHICH INCLUDES CONGRESS AND 

ITS AGENCIES. THESE LAWS PROVIDE 

CONGRESSIONAL EMPLOYEES WITH MANY 

OF THE SAME RIGHTS AND PROTECTIONS AS 

EMPLOYEES IN THE PRIVATE SECTOR AND 

THE FEDERAL EXECUTIVE BRANCH. THE CAA 

ALSO ESTABLISHES A DISPUTE RESOLUTION 

PROCEDURE, ADMINISTERED BY THE OFFICE 

OF COMPLIANCE (OOC), THAT EMPHASIZES 

CONFIDENTIAL COUNSELING AND MEDIATION 

FOR THE EARLY RESOLUTION OF WORKPLACE 

RIGHTS DISPUTES. IF COUNSELING AND 

MEDIATION FAIL TO RESOLVE THE MATTER, A 

CONGRESSIONAL EMPLOYEE HAS THE RIGHT 

TO PURSUE FURTHER ADJUDICATION OF HIS OR 

HER CLAIM, EITHER THROUGH A CONFIDENTIAL 

ADMINISTRATIVE HEARING AT THE OOC OR IN 

FEDERAL COURT.
WHO IS COVERED BY THE CAA?

The CAA protects over 30,000 employees of the 

Legislative Branch, including employees of: 

HOUSE OF REPRESENTATIVES 

AND THE SENATE (WASHINGTON, D.C., 

STATE, AND DISTRICT OFFICE STAFF)

CONGRESSIONAL BUDGET OFFICE

OFFICE OF THE ARCHITECT 

OF THE CAPITOL 

OFFICE OF THE ATTENDING PHYSICIAN

OFFICE OF COMPLIANCE 

OFFICE OF CONGRESSIONAL 

ACCESSIBILITY SERVICES

UNITED STATES CAPITOL POLICE 

In certain instances, former employees, job 

applicants, and members of the public may also 

be protected by the CAA. The CAA also covers 

employees in the Government Accountability Office 

and the Library of Congress with regard to safety 

and health laws.
WHAT WORKPLACE RIGHTS 

DO CONGRESSIONAL EMPLOYEES 

HAVE UNDER THE CAA? 

ACCESS TO PUBLIC SERVICES 

AND ACCOMMODATIONS

Section 210 of the CAA applies Titles II and III 

of the Americans with Disabilities Act of 1990 

(ADA), which protects members of the public who 

are qualified individuals with disabilities from 

discrimination with regard to access to public 

services, programs, activities, or places of public 

accommodation in Legislative Branch facilities.

• The law may require offices to provide an 

accommodation for someone with a disability.

• Charges of discrimination are investigated by the 

General Counsel of the OOC.

• Access requirements, in general, are limited 

to public spaces.

COLLECTIVE BARGAINING 

AND UNIONIZATION

Section 220 of the CAA applies chapter 71 of the 

Federal Services Labor-Management Relations Act, 

which protects the rights of certain Legislative 

Branch employees to form, join, or assist a labor 

organization, or to refrain from such activity. Once a 

labor organization becomes the exclusive bargaining 

representative of employees, an employer is obligated 

to bargain in good faith over the terms and conditions 

of employment with that organization.

• Only limited categories of Legislative Branch 

employees are permitted to unionize.

• Employees vote to approve the selection of 

a labor organization as their representative.

• Legislative Branch employees are not permitted 

to go on strike.
FAIR LABOR STANDARDS 

Section 203 of the CAA applies provisions of the 

Fair Labor Standards Act of 1938 (FLSA) to eligible 

employees. These rights and protections require 

the payment of minimum wage and overtime 

compensation to nonexempt employees, restrict 

child labor, and prohibit sex discrimination in 

wages paid to men and women.

• Non-exempt employees are entitled to minimum 

wage and to compensation for overtime work.

• Executive, administrative, or professional 

employees who meet defined criteria are exempt 

from the overtime wage and hour requirements.

• The FLSA does not apply to properly 

classified interns.

FAMILY AND MEDICAL LEAVE

Section 202 of the CAA applies the benefits of the 

Family and Medical Leave Act of 1993 (FMLA) to 

covered employees. Eligible employees are entitled 

to take up to 12 weeks of leave in a 12 month period 

for certain family and medical reasons. 

Eligible employees who have a spouse, son or daughter, 

or parent who is on active duty or called to active 

duty status in the National Guard or Reserves (or has 

been called from retirement in the Armed Services or 

Reserves) in support of a contingency operation for 

certain “qualifying exigencies” are entitled to take 

up to 26 weeks of unpaid leave to care for a covered 

service member during a single 12 month period. 

• Employees on leave continue to receive health 

insurance benefits and should be restored to their 

former position at the conclusion of leave.

• Leave may be taken because of child birth, the 

adoption of a child, or a serious health condition, 

or for the care of a family member with a serious 

health condition.

• Leave may be taken all at once, in separate blocks 

of time, or on a reduced leave schedule.
GENETIC INFORMATION 

NONDISCRIMINATION AND PRIVACY

Title II of the Genetic Information 

Nondiscrimination Act of 2008 applies protections 

to covered employees under the CAA and prohibits 

the use of an employee’s genetic information as a 

basis for discrimination in personnel actions such 

as hiring, discharge, payment, or promotion. 

• Information that is protected includes, but is 

not limited to, genetic information and testing 

of an individual employee or an employee’s 

family member. 

• Harassment because of an employee’s genetic 

information is illegal.

• Family medical history is included in the 

definition of “genetic information.”

HAZARD-FREE WORKSPACES

Section 215 of the CAA applies the rights and 

protections of the Occupational Safety and Health 

Act (OSHAct) of 1970 to the Legislative Branch. 

The OSHAct requires that all workplaces be free 

of recognized hazards that might cause death 

or serious injury. Both employing offices and 

employees must comply with these workplace 

safety requirements, including proper emergency 

evacuation plans.

• At least once each Congress, the General Counsel 

of the OOC must inspect all Legislative Branch 

facilities for compliance with health and safety 

regulations.

• The General Counsel investigates alleged 

violations of workplace safety standards and 

ensures that unsafe working conditions are abated.

• The CAA requires that employing offices correct 

unsafe working conditions.
NO DISCRIMINATION OR HARASSMENT

Section 201 of the CAA applies certain sections 

of the following acts to covered employees: Title VII 

of the Civil Rights Act of 1964, Rehabilitation Act of 

1973, Title I of the Americans with Disabilities Act 

of 1990, and Age Discrimination in Employment 

Act of 1967. These laws require that all personnel 

actions involving covered employees must be free 

from discrimination based on race, color, religion, sex, 

national origin, age, and disability.

• The term “personnel actions” includes hiring, 

discharge, promotion, pay, benefits, reassignment 

and other personnel actions affecting the terms 

and conditions of employment.

• Employees are also protected from harassment 

based on race, color, religion, sex, national origin, 

age, and disability. 

NOTIFICATION OF OFFICE CLOSINGS 

OR MASS LAYOFFS

Section 205 of the CAA applies the rights and 

protections of the Worker Adjustment and 

Retraining Notification Act (WARN Act) to covered 

employees, and requires that employees be notified 

of an office closing or of a mass layoff at least sixty 

days in advance of the event.

• Notice of a closing or layoff must be provided 

to either the affected employees or to their 

representatives (for example, a labor union), 

and must be in writing.

• Employing offices are covered by these provisions 

only if they are of a certain size.

• Special provisions apply to temporary employees.
POLYGRAPH TESTING PROTECTIONS

Section 204 of the CAA applies provisions of the 

Polygraph Protection Act of 1998 to the Legislative 

Branch. With certain exceptions, these provisions 

prohibit requiring or requesting that lie detector tests 

be taken; using, accepting, or inquiring about the 

results of a lie detector test; or firing or discriminating 

against an employee based on the results of a lie 

detector test or for refusing to take a test.

• Both current and prospective employees 

are protected.

• Some employees are excepted from protection, 

including the U.S. Capitol Police and those who 

work with top secret intelligence information.

• Drug and alcohol screening and written 

personality tests are not prohibited.

REDRESS FOR VIOLATIONS OF THE CAA

The CAA provides that employees may be entitled 

to certain remedies for violations of the CAA which 

may include monetary awards, attorney’s fees, costs, 

reinstatement, promotion, or backpay. No civil 

penalties or punitive damages may be awarded for any 

claims under the CAA. 

REPRISAL OR INTIMIDATION PROHIBITED 

FOR EXERCISING WORKPLACE RIGHTS

Section 207 of the CAA provides that an employer 

may not intimidate, retaliate, or discriminate against 

employees who exercise their rights applied by the 

CAA. This protection includes opposing practices 

made unlawful by the CAA, initiating proceedings, 

making a charge, providing testimony, assisting, 

or participating in a hearing or other proceeding 

brought under the CAA.
UNIFORMED SERVICES RIGHTS 

AND PROTECTIONS

Section 206 of the CAA applies the rights and 

protections of the Uniformed Services Employment 

and Reemployment Rights Act of 1994 (USERRA). 

USERRA protects employees who are performing 

service in the uniformed services from 

discrimination and provides certain benefits and 

reemployment rights. 

• The term “Uniformed services” includes the Armed 

Forces (active and reserve), the National Guard, 

and the Public Health Service.

• Denying initial employment, reemployment, 

retention in employment, promotion, or any 

benefit of employment on the basis of uniformed 

service is prohibited.

VETERANS’ EMPLOYMENT OPPORTUNITIES 

Section 4(c) of the Veterans’ Employment 

Opportunities Act of 1998 gives certain veterans, 

covered under the CAA, enhanced access to job 

opportunities and establishes a redress system for 

preference eligible veterans in the event that their 

veterans’ preference rights are violated.

• Certain veterans or relatives of certain veterans 

are considered “preference eligible.”

• Preference eligible employees may get some 

preference in initial hiring decisions or higher 

retention standing in the event of layoffs.

• Veterans’ preference does not guarantee the 

veteran a job or give him or her preference in 

internal agency actions. 

WHAT DOES THE CAA 

NOT REGULATE?

Individual employing offices still maintain wide 

discretion in setting many workplace policies, 

subject to the standards set by House or Senate 

rules, internal rules, or civil service laws as they 

may apply to each particular employer. The CAA 

does not impose uniform workplace practices, such 

as work schedules, job duties, salaries, vacation 

and leave policies, holidays, fringe benefits, or 

procedures for hiring and firing staff.
DISPUTE RESOLUTION PROCESS 

FOR MOST TYPES OF CLAIMS1

The CAA provides for mandatory alternative dispute 

resolution (ADR), which includes confidential 

counseling and mediation for the settling of 

disputes under most workplace rights laws. In most 

instances, the CAA imposes a strict 180 day time 

limit for asserting a violation of workplace rights 

claim with the OOC. If the parties involved are not 

able to resolve their dispute through counseling and 

mediation, an employee may either pursue a nonjudicial administrative hearing process with the OOC 

or file a civil suit in federal court. Some advantages 

of using the OOC’s administrative hearing process, as 

compared to filing a civil suit, are that it offers faster 

resolution, greater confidentiality, fewer evidentiary 

restrictions, and lower expenses than a court forum, 

while still offering the same remedies that a court 

can provide.

At any time during the ADR Process, an employee 

may designate (at the option and expense of the 

employee) a representative, such as an attorney, to 

represent him or her in the matter. 

The CAA and its ADR process apply to employees of 

the Legislative Branch, including employees of and 

job applicants to the House of Representatives and 

the Senate; the Congressional Budget Office; the 

Office of the Architect of the Capitol; the Office of 

the Attending Physician; the Office of Compliance; 

the Office of Congressional Accessibility Services; 

and the United States Capitol Police. In certain 

instances, applicants and former employees may also 

be protected. Depending on the circumstances, the 

OOC will provide services locally to process claims 

brought by district or state office staff, or the OOC 

will service the needs of the employee through its 

Washington, D.C. office.

1 Requests for inspections under the OSHAct, charges 

filed under Titles II and III of the ADA (public access), and 

disputes under Chapter 71 of the Federal Service LaborManagement Relations Act are resolved through separate 

processes, also described in this brochure.
Counseling 

Requested within 180 days 

of violation 

Length of stage: 30 days

Administrative 

proceeding before a 

hearing officer

Hearing commences 

within 60 days 

of complaint, unless 

extended

Decision issued within 

90 days of end 

of hearing

U.S. Courts 

of Appeals

Appeal to OOC Board 

of Directors

No later than 30 

days after hearing 

officer decision

Mediation

Requested within 15 days 

after notice of end of 

counseling is received 

Length of stage: 30 days, 

unless extended 

by mutual agreement

U.S. Court of Appeals 

for the Federal Circuit

Election of remedy

No sooner than 30 days 

after receipt of notice 

of end of mediation 

and no later than 90 days 

after receipt of notice of 

end of mediation

Judicial proceeding 

in Federal 

district court
DISPUTE RESOLUTION FOR 

VIOLATIONS OF OSHA (REQUEST 

FOR INSPECTION ONLY) 

Under the CAA, the Legislative Branch must comply 

with the OSHAct and its standards requiring that 

the workplace be free of recognized hazards that 

are likely to cause death or serious injury. The 

General Counsel of the OOC inspects Congressional 

properties biannually for such violations and 

reports them to the Speaker of the House and 

President pro tempore of the Senate. 

The CAA also provides that a Congressional 

employee or employing office may file a Request 

for Inspection to determine if a dangerous working 

condition exists. Once the request is filed, the 

General Counsel is responsible for investigating the 

suspected unsafe working condition. 

When an investigation reveals a hazardous working 

condition, the General Counsel may issue a notice 

citation to the employing office that has exposed 

employees to the hazard and/or to the office 

responsible for correcting the violation. The office 

or offices are then responsible for taking appropriate 

action to correct conditions that are in violation 

of safety and health standards. If a hazardous 

condition is not corrected despite the issuance of a 

citation, the General Counsel can file a complaint 

before a hearing officer with the OOC and seek an 

order mandating the correction of the violation.
Citations issued 

no later than six 

months following 

occurrence of any 

alleged violations

Case closure after 

abatement of all 

violations

Request for OSHAct 

Inspection

Notification that 

investigation is warranted 

Investigation by attorney 

and/or inspectors as 

soon as possible

Report, including 

appropriate violations, and 

abatement scheduled

Notification of failure 

to abate (optional)

Complaint

Decision issued by 

independent hearing 

officer

Appeal to the 

OOC Board 

of Directors

No later than 30 days 

after the hearing 

officer’s decision

Appeal to the U.S. Court 

of Appeals for the 

Federal Circuit

No later than 30 days 

after the Board of 

Directors’ decision
DISPUTE RESOLUTION 

FOR VIOLATIONS OF ADA 

ACCESSIBILITY LAWS

Under the CAA, the General Counsel of the 

OOC is required to inspect covered employing 

office facilities in the Legislative Branch for 

compliance with the rights and protections against 

discrimination in the provision of public services 

and accommodations established by Titles II and 

III of the ADA.

 

The CAA also provides for members of the public 

to file charges of public access violations under the 

ADA and for the General Counsel to investigate 

such charges. If an investigation reveals that a 

violation occurred, the General Counsel may request 

mediation to resolve the dispute or may file an 

administrative complaint with the OOC against the 

entity responsible for correcting the alleged violation.
Charge

withdrawn

Charge dismissed

by GC

Settlement Agreement 

approved by GC 

Appeal to OOC 

Board of Directors 

Appeal to U.S. Courts 

of Appeal

Complaint filed with 

OOC by GC 

Decision by independent 

hearing officer

Mediation suggested 

by GC*

Charge filed with 

GC by qualified 

individual with a 

disability (within 

180 days of 

alleged violation) 

Charge docketed. 

Responsible 

entities notified

GC Staff 

investigate.

Issue Investigation 

Report

*Mediation is optional and 

 not mandatory
DISPUTE RESOLUTION FOR 

VIOLATIONS OF FEDERAL 

LABOR LAWS 

The CAA grants some Legislative Branch employees 

the right to join a labor organization for the 

purpose of collective bargaining under Chapter 

71 of the Federal Services Labor-Management 

Relations Act. The CAA protects employees’ rights 

to form, join, or assist a labor organization without 

fear of penalty or reprisal. It also protects those 

who choose not to join or participate in a labor 

organization. 

The Board of Directors of the OOC has the 

authority to issue final decisions on union 

representation and elections issues, questions of 

arbitrability, and exceptions to arbitrator’s awards. 

The Board also serves as the appellate body that 

issues decisions on unfair labor practice complaints. 

The General Counsel is responsible for investigating 

allegations of unfair labor practices and prosecuting 

complaints of unfair labor practices before a hearing 

officer and the Board.
Who can file an unfair 

labor practice charge?

An employing office 

An organization 

representing workers

An employee covered by the 

labor provisions of the CAA*

GC investigates 

the charge to determine 

whether to

 issue a complaint

If a complaint issues, 

then a complaint is 

submitted to a 

hearing officer for 

hearing and decision

Appeal to the Board 

of Directors

If no complaint 

issues, charge is 

dismissed by GC or 

withdrawn by party. 

No right of appeal

Appeal to the U.S. 

Court of 

Appeals for the 

Federal Circuit

*Not all Congressional employees are 

 covered by Chapter 71 of the Federal Service 

 Labor-Management Relations Act.
THE OOC IS AN INDEPENDENT, NONPARTISAN AGENCY ESTABLISHED TO 

ADMINISTER AND ENFORCE THE CAA.

THE OOC ADMINISTERS AND ENSURES THE 

INTEGRITY OF A DISPUTE RESOLUTION 

SYSTEM TO RESOLVE WORKPLACE 

DISPUTES THAT ARISE UNDER THE CAA;

CARRIES OUT AN EDUCATION AND OUTREACH 

PROGRAM FOR MEMBERS OF CONGRESS, EMPLOYING 

OFFICES, AND CONGRESSIONAL EMPLOYEES ABOUT 

THEIR WORKPLACE RIGHTS AND RESPONSIBILITIES; 

AND ADVISES CONGRESS ON NEEDED CHANGES 

AND AMENDMENTS TO THE CAA THAT WOULD 

ADVANCE CONGRESSIONAL EMPLOYEE RIGHTS. THE 

GENERAL COUNSEL OF THE OOC HAS INDEPENDENT 

INVESTIGATORY AND ENFORCEMENT AUTHORITY 

FOR CERTAIN SAFETY AND HEALTH VIOLATIONS AND 

DISPUTES OVER ACCESS TO PUBLIC SERVICES AND 

ACCOMMODATIONS FOR THE DISABLED.

O F F I C E O F C O M P L I A N C E

1 1 0 2 N D S T , S E R O O M L A — 2 0 0

W A S H I N G T O N , D . C . 2 0 5 4 0 - 1 9 9 9

T : 2 0 2 - 7 2 4 - 9 2 5 0

F : 2 0 2 - 4 2 6 - 1 9 1 3

T D D : 2 0 2 - 4 2 6 - 1 9 1 2

R E C O R D E D I N F O R M AT I O N L I N E : 2 0 2 - 7 2 4 - 9 2 6 0

W W W . C O M P L I A N C E . G O V

THE OFFICE OF COMPLIANCE (OOC) ADVANCES 

WORKPLACE RIGHTS, SAFETY, HEALTH, AND 

ACCESSIBILITY IN THE LEGISLATIVE BRANCH, WHICH 

INCLUDES CONGRESS AND ITS AGENCIES. ESTABLISHED 

AS AN INDEPENDENT AGENCY BY THE CONGRESSIONAL 

ACCOUNTABILITY ACT OF 1995 (CAA), THE OOC 

EDUCATES EMPLOYEES AND EMPLOYING OFFICES ABOUT 

THEIR RIGHTS AND RESPONSIBILITIES UNDER THE 

CAA, PROVIDES AN IMPARTIAL DISPUTE RESOLUTION 

PROCESS, AND INVESTIGATES AND REMEDIES 

VIOLATIONS OF THE CAA.

This information does not constitute advice or an official ruling of the Office 

of Compliance or the Board of Directors and is intended for educational 

purposes only. For further information, please refer to the Congressional 

Accountability Act (2 U.S.C 1301 et seq.) and the regulations issued by the 

Board, or you may contact the Office of Compliance.