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

DISPUTE RESOLUTION

A S S E R T I N G W O R K P L AC E R I G H T S 

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

FOR MOST TYPES OF CLAIMS BROUGHT BY AN 

EMPLOYEE FOR VIOLATIONS OF WORKPLACE 

RIGHTS LAWS, THE CAA PROVIDES A MANDATORY 

ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCESS 
OF CONFIDENTIAL COUNSELING AND MEDIATION FOR 

THE SETTLING OF WORKPLACE RIGHTS DISPUTES. 

IF THE PARTIES ARE NOT ABLE TO RESOLVE THEIR 

DISPUTE THROUGH COUNSELING AND MEDIATION, 

AN EMPLOYEE MAY EITHER PURSUE A CONFIDENTIAL, 

NON-JUDICIAL ADMINISTRATIVE HEARING WITH THE 

OFFICE OF COMPLIANCE (OOC) OR FILE A CIVIL SUIT 

IN FEDERAL COURT. THE ADMINISTRATIVE HEARING 

OFFERS SPEEDIER RESOLUTION AND GREATER 

CONFIDENTIALITY THAN A FEDERAL CIVIL SUIT WHILE 

STILL OFFERING THE SAME REMEDIES THAT A COURT 

CAN PROVIDE.

IMPORTANT NOTE: DISPUTES RELATING TO REQUESTORINITIATED SAFETY AND HEALTH INSPECTIONS, VIOLATIONS 

OF ACCESSIBILITY LAWS, AND UNFAIR LABOR PRACTICES 

ARE HANDLED DIFFERENTLY THAN DISPUTES THROUGH ADR. 

PLEASE CONTACT THE OOC FOR ADDITIONAL INFORMATION.
WHO CAN USE THE CAA’S 

DISPUTE RESOLUTION 

PROCEDURES?

The ADR process applies to over 30,000 employees of 

the Legislative Branch, including employees of the: 

HOUSE OF REPRESENTATIVES 

AND SENATE (WASHINGTON D.C., 

STATE, AND DISTRICT 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, job applicants and former 

employees are protected by the CAA. Certain 

provisions of the CAA also apply to the 

Government Accountability Office and to 

the Library of Congress. 
WHAT TYPES OF CLAIMS 

ARE ASSERTED THROUGH THE 

ADR PROCESS?

Claims made under the following laws must be 

asserted through the ADR process:

• Age Discrimination in Employment Act of 1967

• Americans with Disabilities Act of 1990 (Title I)

• Employee Polygraph Protection Act of 1988

• Fair Labor Standards Act of 1993

• Family and Medical Leave Act of 1993

• Genetic Information Nondiscrimination 

Act of 2008

• Rehabilitation Act of 1973

• Title VII of the Civil Rights Act of 1964

• Uniformed Services Employment and 

Reemployment Rights Act of 1994

• Veterans Employment Opportunities Act of 1998

• Worker Adjustment and Retraining Notification 

Act of 1989

In addition, all claims relating to reprisal, 

intimidation, or retaliation for asserting workplace 

rights under the CAA are handled through the ADR 

process, including claims of retaliation for filing 

requests for inspection under the Occupational 

Safety and Health Act of 1970.
MULTI-STEP PROCESS FOR 

DISPUTE RESOLUTION 

STEP ONE: COUNSELING

The first step in the dispute 

resolution process is to file a 

written request for counseling 

with the OOC. The CAA imposes 

a strict time period for asserting a 

claim of a workplace rights violation. A request for 

counseling must be made within 180 days after the 

date of the alleged violation. The counseling period 

normally lasts for 30 days. 

During the counseling period, an OOC counselor 

will discuss an employee’s concerns and inform 

the employee of his or her rights under the CAA. 

Discussions between the employee and the OOC 

counselor during the counseling period are strictly 

confidential. The counselor does not serve as a 

representative or advocate, only as a guide to help 

an individual understand how the law works and 

to clarify facts and issues. A covered employee 

may (at his or her expense) retain representation, 

such as an attorney, at any time during the dispute 

resolution process.
STEP TWO: MEDIATION

If an employee chooses to continue 

with the claim after the counseling 

period, the employee must make 

a written request for mediation 

with the OOC within 15 days 

of receiving notification of the completion of the 

counseling period. Mediation lasts for 30 days unless 

both parties agree to request an extension of time, 

and the OOC approves the extension. 

During confidential mediation, the OOC appoints 

one or more neutral mediators who will meet 

with the parties to the dispute to seek a mutually 

acceptable solution to the problem, such as a 

negotiated settlement. Mediation permits the parties 

to resolve a dispute promptly and avoid a formal 

adversarial complaint process. Mediation allows 

the issues and options to be explored in a strictly 

confidential environment. The mediator never 

shares information from one party with another, 

unless given express permission to do so. The 

mediator has no authority to impose a solution on 

the parties. Resolution is voluntary, and the terms of 

agreement are determined by the parties, subject to 

approval by the Executive Director of the OOC. 
STEP THREE: ADJUDICATION 

OF DISPUTES THROUGH 

ADMINISTRATIVE HEARING 

OR CIVIL ACTION

If mediation fails to resolve the 

dispute, the employee may either 

file an administrative complaint and proceed with 

a confidential administrative hearing at the OOC, 

or file a civil suit in federal district court. Once a 

forum is selected, an employee may not seek to 

file a complaint in the other forum. Either course 

of action must be initiated within 90 days (but no 

sooner than 30 days) of the date that the employee 

receives written notice that mediation has ended.

If the employee chooses to pursue an 

administrative hearing after mediation, the 

employee must file a written complaint with the 

OOC. A copy of the complaint will be served 

on the employing office, which has 15 days 

to respond. An independent hearing officer is 

assigned to conduct the hearing to determine 

the facts and may issue subpoenas, order witness 

testimony, and require information from the 

parties. An administrative hearing normally 

begins within 60 days after a complaint is filed 

(but no later than 90 days), and the hearing 

officer will issue a written decision no later than 

90 days after the hearing’s conclusion.

If the employee chooses to proceed with a civil 

suit after mediation, the suit and any appeals will 

proceed under the rules that normally apply to 

actions in federal court. Most cases filed in federal 

court are public. Employees who work on Capitol 

Hill who choose to file a civil suit after mediation 

normally do so with the U.S. District Court for the 

District of Columbia. If the employee works outside 

of the District of Columbia, the employee may 

choose to file suit in the U.S. District Court where 

the employee works.
STEP FOUR: APPEALS

After an administrative hearing, 

if either the employee or the 

employer is dissatisfied with 

the final decision of the hearing 

officer, a request may be made to 

have the hearing officer’s decision reviewed by the 

Board of Directors of the OOC. A petition for review 

by the Board of Directors must be made within 

30 days of the time the hearing officer’s decision 

is entered into the records of the OOC. 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 of Directors’ 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.

DISPUTE RESOLUTION PROCESS FOR MOST 

TYPES OF CLAIMS
DISPUTE RESOLUTION PROCESS FOR MOST 

TYPES OF CLAIMS

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
AWARDS, PENALTIES, AND 

ATTORNEY’S FEES

Depending on the law and the facts in the case, 

the hearing officer, Board of Directors, or Federal 

court may order monetary awards and other 

appropriate remedies for the prevailing party in 

the case, such as reinstatement, promotion, or 

back pay. Attorney’s fees, expert fees, and certain 

other costs may also be awarded. No civil penalties 

or punitive damages may be awarded for any 

claims under the CAA.

REPRESENTATION

At any time during the dispute resolution 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.
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W W W . C O M P L I A N C E . G O V

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. 

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.