Transcript
[The Congressional Accountability Act: Prohibiting Discrimination in the Workplace]
[Music]
Monique: Discrimination in the workplace exacts a steep cost from those who suffer its mental, physical, and economic harm.
William: The Congressional Accountability Act requires that all personnel actions in the legislative branch of the federal government be made free from unlawful discrimination.
Christopher: So, unlawful discrimination includes taking unfair personnel actions on the basis of protected traits, such as an employee’s or applicant’s race, color, religion, sex, national origin, age, disability, uniformed service, or genetic information.
[Music]
Khizer: My family moved here from India, but I grew up in Missouri. I played baseball and was in the Boy Scouts. I basically do public relations. I’ve gotten a bunch of awards for my work, and my performance evaluations have always been stellar. I was, um, usually working behind the scenes, writing and making phone calls.
When it happened the first time, I thought it was a fluke. A position opened up that would have put me in a more public role. It went to someone else. I kept working hard. Then it happened again. Twice.
I finally asked about it, and management basically said, “Listen, Khizer, you’re a great writer. You’ve got great ideas. But we need the face of the organization to look, you know, American.”
Monique: Khizer had the requisite experience, skills and performance evaluations to be considered for the position he was seeking. He was entitled by law to be considered based on those factors, and his employing office was prohibited from making its determination whether to select him based on discriminatory factors such as his race or national origin.
Rosario: The CAA also prohibits discrimination based on disability.
[Music]
Kerry: I have rheumatoid arthritis, a long-term autoimmune disease. It affects multiple joints in my body. And when I have a flare up, the pain makes it hard to do my work. My manager said she thought I was taking too many breaks. When I explained about my autoimmune disease, she shrugged and said that, “Everybody has to deal with having rough days.”
I offered to bring in a note from my doctor, but she wouldn’t listen. She told me if I couldn’t keep up without breaks, then she would demote me. She said she wanted results, not excuses.
Rosario: In Kerry’s case, her employing office’s actions may have violated the CAA’s prohibitions against discrimination based on disability. The CAA requires that all personnel actions such as hiring, discharge, promotion, pay, or benefits be free from discrimination based on disability.
Emmett: It also requires employing offices to provide reasonable accommodations for the known physical or mental limitations of an otherwise qualified employee. In this case, demotion would almost certainly be considered an adverse employment action based on Kerry’s disability.
William: Age is also a prohibitive factor in taking personnel actions under the CAA, if an employee is age 40 or older. Too often, employers try to push people out of their jobs based on misperceptions and stereotypes related to age.
Jim: I’ve been doing this job for 30 years. And I know the tricks of the trade. We had some staff cuts, and I was always fixing other people’s mistakes. But I got the work done. Then I got a new supervisor, and he said that my vision and my age was starting to slow me down. In truth, I think I’m better than ever. I’m helping to get the new guys up to speed. But he is always on me with comments about my vision and my age, and then starting to threaten me with a demotion.
Monique: In Jim’s case, his supervisor was prohibited from basing any personnel action on his age. Constant comments devaluing an employee because of age can constitute unlawful, hostile work environment discrimination, if it is severe, or pervasive enough to interfere unreasonably with the employee’s work performance.
Karen: Jim had exemplary performance evaluations prior to this new supervisor. It certainly looked like there was an attempt to push Jim out of his position.
Narrator: The Congressional Accountability Act requires that all personnel actions be made free from discrimination. Personnel actions include decisions like hiring, firing, promotion, pay, and benefits. The law forbids discrimination based on protected traits, including race, color, religion, national origin, or sex. The law also prohibits discrimination based on age, union activity, disability, military status, and genetic information.
[Music]
[The Congressional Accountability Act: Harassment in the Workplace]
Monique: Unlawful harassment is a form of discrimination that involves verbal, physical, or visual conduct of an offensive and discriminatory nature.
William: Anti-discrimination laws aren’t civility codes. They don’t prohibit all inappropriate conduct, but these laws do give employees the right to work in an environment free from discriminatory intimidation, harassment, and ridicule.
Rosario: Unlawful harassment occurs when conduct is severe or pervasive enough to alter the conditions of employment and create an abusive working environment.
[Music]
Dana: The Director of my office was kind of touchy feely, but I figured he was just being friendly. Then he started texting me after hours, and then he started asking me out. I tried to be cool about it and would just say, “Thanks, but I’m busy.” Finally, he cornered me in one of those one-on-one meetings. He tried to kiss me, and I had to just come out and say that I felt that this was inappropriate and that I just wanted to be colleagues.
All of a sudden, I was removed from any high-profile work. He told me that if I didn’t go out with him, then there was nothing that he could do about my work assignments. I was too embarrassed to explain what was really going on.
William: Dana’s case is an example of quid pro quo harassment. When she rejected her director’s sexual advances, he responded by having her removed from projects that would have advanced her career.
Emmett: Some people assume that sexual harassment is always a case of men harassing women. However, men can also be subjects of unlawful sexual harassment, and harassment can occur between members of the same sex.
Karen: Harassment isn’t limited to sexual advances. Unlawful harassment also occurs when discriminatory behavior creates a hostile work environment.
Audrey: When I was appointed as the first female supervisor for my office, I was told I needed to increase our efficiency and work quality. There was a core group of men that had been in their positions for a long time and definitely didn’t want anything to change. Anonymous notes with derogatory words about women started showing up on my desk. They’d sabotage work product when I was getting ready to present to outside groups. They basically tried to make things so miserable for me that I would quit.
[Music]
Rosario: In Audrey’s case, the protected trait was her sex. Her coworkers’ actions created an intimidating work environment that unreasonably interfered with Audrey’s work performance.
Christopher: And remember, hostile work environment harassment can occur with respect to any protected trait. Also, the person creating the hostile work environment need not be a supervisor or have a position of authority. Sometimes harassment is committed by subordinate employees, um, customers, vendors, or even independent contractors.
Preet: I love my job. My favorite part is being able to help patrons who come in. We get a lot of repeat visitors, so you kind of get to know people. But this one gentleman was awful.
The first time I’d asked him if he needed some help, he shook his head and said, “I’m not dealing with a guy who wears a scarf on his head.” I was so surprised. I talked to my supervisor about it, but he just told me to ignore him, that there wasn’t anything he could do. I started to dread coming into work. I mean, I’m stuck at the desk. I can’t just hide.
Monique: In this case, Preet can’t make a harassment complaint against a member of the general public. And he shouldn’t have to. Whether harassment is committed by employees or outsiders, the employing office’s responsibility is the same. It must take reasonable steps to put a stop to the harassing behavior, or face legal liability.
Rosario: The harassment from this particular patron occurred repeatedly. This misconduct was severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Karen: Once Preet told his supervisor, he should have stepped in to make sure this patron changed his behavior or was barred from the premises if he continued to harass him.
Emmett: Unlawful harassment may involve discriminatory behavior in many forms. If you feel you are the subject of harassment, you can reach out to your supervisor or contact the Office of Congressional Workplace Rights for confidential assistance.
Narrator: The Congressional Accountability Act requires that all personnel actions in the legislative branch be made free from discrimination and harassment. It is also important to note that while harassment can occur anywhere in the workplace, such as in an office or the halls of Congress, it may also occur offsite when colleagues socialize together, including at a happy hour or work retreat.
Harassment can also occur virtually through video conferencing, email, and text messages. The law forbids harassment based on protected traits including race, color, religion, sex, or national origin, as well as age, union activity, disability, military status, and genetic information.
[Music]
[The Congressional Accountability Act: Protection Against Reprisal or Intimidation]
Monique: The Congressional Accountability Act prohibits employing offices from intimidating, retaliating against, or discriminating against employees who exercise their rights under the CAA.
William: This protects employees from being retaliated against by their employer.
Karen: But it also protects employees who initiate a proceeding, make a charge, provide testimony, or participate in a hearing or other proceeding brought under the CAA.
[Music]
Khizer: A position opened up that would have me in a more public role. Management basically said, “Listen, Khizer, you’re a great writer. You’ve got great ideas, but we need the face of the organization to look, you know, American.” I knew what was happening was wrong. So, I called the Office of Congressional Workplace Rights to figure out what to do next. How to file a claim. I spoke to one of their confidential advisors. I was all set to move forward when my supervisor took me aside and warned me that if I file a claim, I’d never be promoted. He said if I made waves, everyone would think I wasn’t a team player.
Monique: Fear of reprisal is often a reason why people don’t speak up.
Karen: But in this case, the law is very clear. When Khizer asserts his right under the CAA, he is protected from retaliation by his employing office.
William: Not only is Khizer protected, any covered employee who testifies, assists him, or participates in any manner in a hearing or other OCWR proceeding is also protected.
Monique: It’s also important to remember that covered employees are protected from retaliation, even if they haven’t started a formal proceeding. Covered employees are also protected from retaliation for opposing any practice made unlawful by the CAA.
[Music]
Dana: At first I was flattered when he asked me out, but he just wouldn’t take no for an answer. And this was like my boss’s boss. He told me that if I didn’t go out with him, then there was nothing that he could do about my work assignments. When I finally got the courage to tell my supervisor what had happened, she told me that the CAA protects me from unlawful harassment and retaliation. Soon I had all of my projects back and the harassment finally stopped.
Christopher: Yeah, in this case, the CAA’s protections apply both to Dana’s conversation with her supervisor about her director’s harassment, as well as to filing a claim with the Office of Congressional Workplace Rights.
Now, both actions are protected because they constitute opposing a practice made unlawful by the CAA—sexual harassment. It would be unlawful for the employing office to retaliate against Dana for opposing such harassment.
Rosario: Now, the CAA doesn’t make all difficult interactions in the workplace illegal. Courtesy and resiliency are also valuable workplace tools.
Audrey: There was a core group of men that tried to make things so miserable for me that I would quit. Anonymous notes with derogatory words about women started showing up on my desk. They made it clear that they didn’t want a woman in charge. I went to HR to talk with them about how to start documenting this behavior, so I could take disciplinary action as their supervisor. When my boss found out that I had run to HR, he tried to demote me, saying that I just wasn’t an effective leader. That’s when I went to the Office of Congressional Workplace Rights.
Monique: Audrey’s office should have advised all employees that harassment will not be tolerated, and trained employees and managers to identify and prevent harassing behavior. Instead, her supervisor violated the anti-retaliation provisions of the CAA by blaming Audrey and demoting her.
Karen: It takes courage to stand up for yourself. The CAA wouldn’t be effective if those with power were allowed to intimidate or retaliate.
William: Understanding the value of workplace protections encourages employing offices to work with their employees to resolve issues.
Preet: I had one patron who was always belligerent and aggressive toward me. My pagri, or turban, seemed to set him off. I talked to my supervisor about it, but he just told me to ignore him. That there just wasn’t anything he could do. Once Workplace Rights got involved, my supervisor stood up to the harassment on my behalf. I found out later that he was afraid of getting in trouble for not allowing a member of the public access to our services. He seemed relieved to be able to help me.
Monique: The CAA offers many workplace protections. But one of the most important is that it protects employees who raise a concern or seek to help a coworker whose rights are being violated.
Narrator: The Congressional Accountability Act prohibits employing offices from intimidating, retaliating against, or discriminating against employees who exercise their rights under the CAA. These protections cover employees who oppose a practice made unlawful by the CAA. They also protect covered employees who initiate a proceeding or file a claim with the Office of Congressional Workplace Rights.
Covered employees are also protected when they assist someone in making a charge, provide testimony, or participate in a hearing or proceeding brought under the CAA.
[Music]
[The Congressional Accountability Act: The Americans with Disabilities Act & the Family and Medical Leave Act]
Christopher: The CAA applies the protections of the Americans with Disabilities Act for both the public and legislative branch employees.
Rosario: Employing offices must make their services, programs, and activities, as well as the facilities where these services, programs, and activities are provided, accessible to individuals with disabilities.
Emmett: The CAA also applies the ADA’s public access provisions to legislative branch employees when they are accessing services, programs, activities, and facilities of a covered entity other than their own employer.
Christopher: So for instance, under the CAA, a congressional committee would be required to provide American Sign Language interpretation for a deaf staffer assisting their member of Congress.
Rosario: The ADA also forbids employment discrimination by failing to accommodate an employee’s disability.
Kerry: I have rheumatoid arthritis, which is an autoimmune disorder. It affects multiple joints in my body. When I have a flare up, the pain makes it hard to do my work. It becomes painful to sit and almost impossible to type. My supervisor said she thought I was taking too many breaks. When I explained about my autoimmune disease, she shrugged and said that, “Everybody has to deal with having rough days.”
Then I told her I wanted to talk about reasonable accommodations. She laughed and said that I’m way too young to really have arthritis. She said if I couldn’t handle the job, then I should find a new one. She said I should just “figure it out.”
Christopher: This is a violation of the ADA. Uh, the Americans with Disabilities Act requires employers to provide a reasonable accommodation to allow an employee to perform their job.
Rosario: If her underlying medical condition qualifies as a disability under the ADA, Kerry’s employing office must engage in an interactive process, exploring ways to provide reasonable accommodation that would enable Kerry to perform the essential functions of her job.
Emmett: The interactive process is essentially a legally required discussion between an employing office and employee. Think of it as a two-way conversation with the goal of working together to come up with a reasonable accommodation.
Christopher: Uh, so in Kerry’s case, reasonable accommodations for her employing office to consider, uh, may include additional break time, a flexible work schedule, a standing desk, or ergonomic chair, or, um, even assistive technologies.
The CAA also prohibits employers from taking an adverse action, including harassing, firing, or refusing to hire someone because of their disability or perceived disability.
Rosario: The Congressional Accountability Act also ensures that eligible legislative branch employees may take leave under the Family and Medical Leave Act for certain qualifying reasons, such as an extended illness.
Rosemary: I’m a proud breast cancer survivor, but I was stunned when I had to fight my supervisor more than the disease. I had been in remission for years when my doctor picked up something on a scan. My cancer was back. I had already used up my annual leave for the year, so I told my office I wanted to take leave under the Family and Medical Leave Act, but they told me I would be out too long, and they really didn’t want to have to go through the headache of training someone else to fill in for me during my absence.
[Music]
Rosario: The FMLA is very clear. You can take up to 12 weeks of unpaid leave during a 12-month period if you have a serious health condition that makes you unable to perform any one or more of the essential functions of your position.
Emmett: Generally, the FMLA only requires that leave be job-protected. It is not required to be paid. However, the law permits an employee to elect or the employing office to require the employee to use accrued, paid, sick, or vacation leave for some or all of the FMLA leave period.
Christopher: The FMLA also covers employees who need to care for a family member with a serious health condition.
Julius: My dad was having heart issues and my mom was developing dementia. They needed me to come home for a while and help them. My boss looked at me like I was nuts and said, “Can’t you hire someone to do that?” I mean, the doctors made it clear my mom needed round the clock supervision and my dad couldn’t by himself. I just needed to help out until we could get them moved into a retirement community with memory care. They told me that if I did this that I’d likely be demoted once I got back.
[Music]
Rosario: Although employees who take FMLA leave may not always get the exact same job back, they still must receive the same type of appointment, work schedule, status, tenure, and benefits that they had prior to taking FMLA leave.
Emmett: FMLA protections also extend to cover shorter, intermittent leave requests, and provides provisions for military families for certain qualifying exigencies, or to care for covered service members.
Krystal: My son has a serious health condition that requires weekly medical treatments. My husband and I used to trade off taking him. It took a lot of planning, but we were making it work. Then my husband’s unit was deployed and it was just me. I used up all my paid leave trying to keep up with my son’s treatments. I talked to my supervisor about it and asked if I could take off a two hour block each week, unpaid, to take my son to his treatments.
Monique: In this case, even though Krystal had no more paid leave left, she was still eligible for unpaid leave under the FMLA.
William: FMLA authorizes this intermittent leave, but requires notice and medical certification of leave, and requires employees, where possible, to schedule planned treatments in a manner that does not unduly disrupt the employer’s operations.
Monique: Unexpected serious health problems can affect employees, their spouses, children, and even their parents.
Karen: Thanks to the CAA, legislative branch employees don’t have to choose between keeping their job and getting time off for their own medical care, or to care for a loved one with a serious medical condition.
Narrator: The Congressional Accountability Act applies the protections of the Americans with Disabilities Act for both the public and for legislative branch employees. It ensures accessibility and prohibits discrimination based on disability.
The CAA allows up to 12 weeks of unpaid, job-protected leave for employees with a serious medical condition or who are needed to care for a seriously ill family member. Job-protected leave is also available to help employees manage family affairs when a family member is called to active duty in the armed forces.
Employees may not be disciplined, terminated, or retaliated against for taking FMLA leave. Although employees who take FMLA leave may not always get the exact same job back, they still must receive the same type of appointment, work schedule, status, tenure, and benefits that they had prior to taking FMLA leave.
[Music]
[The Congressional Accountability Act: Pregnant Workers Fairness Act & the Federal Employee Paid Leave Act]
Christopher: Legislative branch employees who are giving birth, uh, adopting or receiving a child from foster care for the first time should be aware of two provisions: the Pregnant Workers Fairness Act and the Federal Employee Paid Leave Act.
Rosario: The Pregnant Workers Fairness Act, or the PWFA, applies certain rights and protections to legislative branch employees. Under the PWFA, employing offices are required to provide reasonable accommodations to a covered employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employing office an undue hardship.
Samantha: I had tried so hard to have a baby. I was super excited to find out that I was pregnant. Unfortunately, my doctors told me I was a high-risk pregnancy and that I should be on bed rest for my last trimester. My manager just assumed I would have to take leave and asked me to transition all my projects to coworkers. I said, “I’m having a baby, not going into a coma. Can’t we work out a way for me to keep working?”
Emmett: Samantha’s supervisor should have engaged in what’s known as the interactive process with her to figure out what reasonable accommodations would help her to perform the essential functions of her job while on bedrest.
Rosario: Just as with the interactive process for reasonable accommodations under the ADA, this is a two-way formal conversation with the goal of working together to come up with a reasonable accommodation.
Christopher: It’s important to note that Samantha’s employing office can’t force an accommodation on her without discussion.
Samantha: Then they started saying that maybe it would be better for everybody if I just resigned since I needed to be on bed rest for that long.
Rosario: Under the PWFA, Samantha is protected from reprisals and cannot be denied opportunities or otherwise retaliated against because she has exercised her rights under the PWFA.
Samantha: We finally sorted out an accommodation that worked for me and for my office. I got a lot done those last three months. But then I had a baby and I was ready for a break.
Emmett: After giving birth, Samantha was eligible for 12 weeks of paid leave through the Federal Employee Paid Leave Act, or FEPLA.
Samantha: After three months of bedrest, I was so relieved to have a healthy baby girl. I really needed time to recover and to get to know her.
Rosario: The Federal Employee Paid Leave Act applies to both mothers and fathers. Each can take up to 12 weeks of paid parental leave within the first year after the birth of a child or for the placement of a child with an employee for adoption or foster care.
Dennis: We had been trying to adopt for years. The process was stressful. When we finally learned that Sammy was coming into our lives, my coworkers threw us a baby shower. All the clothes were for a three-year-old. It was perfect. So, I was really shocked when I approached my manager about taking paternity leave. Her response was, “Wait a minute, you’re just adopting. What do you need paternity leave for?”
Emmett: FEPLA applies when a child is adopted or a foster child is first placed in an employee’s home as well. Eligible employees can take the paid leave all at once or spread it out over a 12-month period.
Christopher: And with the Pregnant Workers Fairness Act and the Federal Employee Paid Leave Act, expectant mothers and new parents can take time to be with their children and not worry about their pay or their job security.
[Music]
[The Congressional Accountability Act: The Fair Labor Standards Act]
Christopher: The CAA applies certain rights and protections of the Fair Labor Standards Act, or FLSA, to the legislative branch.
William: These are the rules that protect employees on issues like minimum wage, overtime, equal pay, and break time requirements for nursing mothers.
Karen: Some employees in the legislative branch are exempt from overtime rules, but non-exempt employees are entitled to be paid time and a half for overtime hours.
Jim: Our shop has to keep up to meet demand. In the past, if we needed to get the job done, management approved overtime. Then I got a new supervisor, and he decided that we weren’t going to do overtime anymore. Problem was, he didn’t want us to miss any deadlines either.
I told him we can’t meet the deadlines without working some overtime. And then, and this blew my mind, he said if we needed to put in extra time to get the job done, it was going to be off the clock. He didn’t want us to report the hours that we really worked.
Monique: For non-exempt employees, the FLSA rules are very clear. They must be paid one and a half times their regular rate of pay for all hours worked in a work week in excess of 40.
Karen: Managers can’t ask or permit covered employees to work more than 40 hours and not report them in their time entries.
Christopher: The equal pay provisions of the FLSA also require that men and women be given equal pay for equal work in the same establishment.
[Music]
Stacey: I work as an administrative assistant. When I was hired, it was my first real job out of college and I was really excited. Our office hired two of us at the same time, me and John. We perform the same kind of work at the same place, and we have the same responsibilities. I just found out that he was hired at a higher rate than me. It was his first job too. I was furious.
Christopher: The Equal Pay Act sets clear rules. Employing offices may not pay unequal wages to men and women who perform jobs in similar working conditions that require substantially equal skills, effort, and responsibility.
Rosario: There are a few exceptions to this provision, including if the pay differential is based on a seniority system, a merits-based system, a system that measures quality or quantity of production, and if the differential is based on a factor other than sex.
Karen: The FLSA covers many other protections as well, including rules about minimum wage and child labor.
Narrator: The Congressional Accountability Act applies certain rights and protections of the Fair Labor Standards Act, or FLSA, to covered employees. These rights and protections require payment of the minimum wage and overtime compensation to nonexempt employees, place restrictions on child labor, and prohibit sex discrimination in wages paid to men and women.
[Music]
[The Congressional Accountability Act: Additional Rights in the Workplace]
Christopher: The Congressional Accountability Act also extends other rights and protections to certain covered employees.
Karen: Uh, for example, the CAA includes protections governing how our genetic information can be used at work.
Monique: The CAA also includes protections for people serving in the legislative branch who are or have been members of the uniformed service.
[Music]
Ash: I was in the Army. I was looking to serve in a different way and saw that an office in the legislative branch was hiring. I got the job in part because of my veteran’s preference under the Veterans Employment Opportunities Act. During the job interview, I was up front about the fact that I was still in the Army Reserves. So, I was really stunned when my supervisor denied my leave request for mandatory training. I assumed it was a mistake, so I went to talk to him, but he was like, “We have deadlines coming up that month, and we really need everyone on deck.”
Monique: In this case, the Uniformed Services Employment and Reemployment Rights Act, which applies to the legislative branch through the CAA, is very clear. Uniformed service members are guaranteed the right to take time off from work to attend to their military responsibilities.
Karen: This is true for mandatory annual training. It also applies to the monthly weekend training requirements as well.
Rosario: They also have the right to be reinstated in the same or similar position. And they are also entitled to any benefits, including pay raises, they would have otherwise accrued.
Emmett: The Fair Chance Act is another protection included in the CAA.
Ben: I was pumped to be invited for an interview. I had applied to a lot of federal jobs and this one seemed like a good fit. I met with an interview panel and answered all their questions. I thought I had the job in the bag.
Then, as I was leaving, one of the interviewers stopped me and told me that this was a sensitive job and asked me if I had a criminal record. He told me that he just wanted to save everyone some time. I thought I should be totally honest, so I told him that I had a larceny arrest when I was 17, but it was expunged. I never heard back about that job.
Christopher: Yeah, this was a violation of the Fair Chance Act, as applied by the CAA. The Fair Chance Act prohibits employing offices from requesting that an applicant for employment disclose criminal history record information before the office makes a conditional offer of employment to that applicant.
Rosario: It’s not just something that applies to interviews. Employing offices can’t inquire about an applicant’s criminal record in job advertisements, application questions, or during the interview stage.
Emmett: Between 70 million and 100 million Americans have some type of criminal record. Having even a minor criminal record, such as a misdemeanor, or even an arrest without a conviction, can create an array of barriers for those workers. Even including being considered for a job. The Fair Chance Act evens the playing field.
Christopher: Another right that applies to covered employees under the CAA—an employer may never use genetic information to make an employment decision because genetic information is not relevant to an individual’s current ability to work.
Monique: It is unlawful for an employing office to use the fact that an employee might one day develop a condition to discriminate against them.
Narrator: The Congressional Accountability Act ensures that key employee protections extend to workers in the legislative branch. These include certain preferences in some employment opportunities for military personnel under the Veterans Employment Opportunities Act. It also includes protections for both active and reserve members of the uniformed services under the Uniformed Services Employment and Reemployment Rights Act.
Additional protections under the CAA include prohibition against discrimination based on genetic information, protections in the event of a mass layoff, and restrictions on polygraph testing.
[Music]
[The Congressional Accountability Act: Labor-Management Rights]
Christopher: A labor organization, uh, sometimes referred to as a union, is a group composed in whole or in part of employees. Um, the organization’s primary purpose is dealing with an employing office concerning grievances and conditions of employment.
Rosario: The decision to have a labor organization represent employees with management is made in a secret ballot election among the affected employees, also known as the bargaining unit.
Emmett: The Congressional Accountability Act applies certain provisions of the Federal Service Labor Management Relations Statute to the legislative branch, and protects employees’ rights to form, join, or assist a labor organization for the purpose of collective bargaining without fear of penalty or reprisal.
Christopher: The rights of employees who choose not to join or participate in a labor organization are also protected. Uh, not all congressional employees are currently permitted to seek representation through a labor organization.
[Music]
Fiona: When I got my annual review, I was stunned. It was the first time in five years that it wasn’t a favorable review. I was worried that it was because I was leading an effort to start a union in my office. I approached my manager about it, and she told me she was concerned that my union organizing activities were affecting my productivity.
That’s just not true. First of all, my union activities happen outside of work hours. Plus, I just got a commendation two months ago for finishing a project earlier than expected.
Rosario: The CAA prohibits offices from making employment decisions that interfere with, restrain, or coerce any employee from exercising their rights or encouraging or discouraging membership in any labor organization.
Christopher: This means that employing offices cannot take actions against employees because they support or oppose a union. All employees are protected. You don’t have to be part of a union to be covered by this provision.
Emmett: If Fiona’s supervisor gave her an unfavorable review because she exercised her labor organizing rights, that action may constitute an unfair labor practice. Unfair labor practices, or ULPs, are practices contrary to labor management rights established by law.
Rosario: Unfair labor practices committed by employing offices prior to unionization generally consist of coercive or retaliatory actions against organizing employees. Labor organizations are also prohibited from engaging in ULPs. A major example being calls for striking, or work stoppages, which government employees aren’t allowed to do.
Christopher: The Office of Congressional Workplace Rights investigates unfair labor practices and prosecutes offices or labor organizations for engaging in them.
James: Our office became eligible to form a union and we all had to vote on it. People had a lot of different opinions. It was tense. I thought it was weird when my supervisor took me aside and warned me that a union would make things worse for the staff. Then he straight up asked me which way I was going to vote. It was pretty sketchy.
Turns out I wasn’t the only one being asked that. It was like management was always watching us when we were on break, like they were trying to figure out who was into the union idea.
Christopher: When it comes to communication about labor organizations between managers and employees, it’s important not to engage in behavior that may attempt to influence the outcome of an election, such as threats, um, interrogations, or promises.
Rosario: James’ supervisor may have committed an unfair labor practice by asking him which way he was going to vote. And his statement about things getting worse for staff could be interpreted as a threat.
Emmett: Employers are allowed to provide facts such as publicizing that an election is happening and encouraging employees to participate. Employers can also correct the record if someone has made a false or misleading statement, and they can inform employees about the government’s policies on labor organizations.
Narrator: The Congressional Accountability Act protects the rights of certain legislative branch employees to form, join, or assist a labor organization for the purpose of collective bargaining, without fear of penalty or reprisal. The rights of employees who choose not to join or participate in a labor organization are also protected.
Not all legislative branch employees are permitted to seek representation through a labor organization. Employers may not use threats, interrogation, or promises to influence the outcome of an election. Unionized employees in the legislative branch are prohibited by law from striking.
[Music]
[The Congressional Accountability Act: Safety and Accessibility]
Monique: The Congressional Accountability Act requires that legislative branch workplaces be free of recognized hazards that are likely to cause death or serious injury.
Virgil: The CAA also protects members of the public with disabilities from being denied access to public services, programs, activities, and places of public accommodation in the legislative branch.
Karen: Employing offices are required to comply with occupational safety and health standards and to provide workplaces free of recognized hazards.
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Shawn: We’ve received excellent training on the use of ladders, proper usage, positioning, and inspections. All of my coworkers know how to properly use a stepladder, but sometimes it’s just not the best equipment for the job. In order to get the job done, my coworkers were using the stepladder improperly.
Instead of obtaining a proper ladder for the job, they’d just lean the ladder up against the wall, climb up to the top, and do their task. I told the team leader about the improper use of the ladders, but nothing came of it. He said, “Nobody’s been hurt since I’ve been here, so what’s the big deal?”
Christopher: Legislative branch employees can submit a confidential request to the Office of Congressional Workplace Rights for a safety inspection.
Shawn: It was at this point that I felt like it was just a matter of time before someone got hurt, so I asked for an inspection.
Virgil: Once we received the confidential request for inspection, our safety specialist conducted a site visit of the suspected unsafe working condition.
Shawn: When I saw the safety inspector on site, I knew someone had read my request. I didn’t say anything, but I was glad to see them respond so quickly.
Virgil: We take requests for inspections very seriously. And we also respond quickly to accessibility requests.
Thomas: I was escorting a veteran to visit with his member of Congress. Everything was fine until we got to the office. When we came through the office door, there was just no way he could even reach the front desk. The furniture created a choke point, and he couldn’t get through without bumping into things. The staff was pleasant about me moving things to clear a path, but I could tell it embarrassed him. This was not a good start to his visit. I reached out to the Office of Congressional Workplace Rights.
Virgil: In this case, a safety and health specialist can work with the staff of that office to make sure the workplace is accessible.
Karen: The Office of Congressional Workplace Rights takes health and safety and accessibility issues seriously. We inspect legislative branch facilities and report to the House and Senate once each Congress.
Narrator: The Congressional Accountability Act requires employing offices to comply with occupational safety and health standards and to provide hazard free workplaces. Members of the public with a disability may not be denied access to public services, programs, activities, or places of public accommodation.
If you want to request an inspection related to occupational safety and health or public accommodation, you can complete an OSH or ADA Request for Inspection form. PDF copies of both forms are available on the Office of Congressional Workplace Rights website.
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[The Congressional Accountability Act: Administrative Dispute Resolution Process]
William: Employees who feel their rights have been violated must first file a claim with the Office of Congressional Workplace Rights.
Rosario: All claims must be filed with the OCWR, even if the employee intends to pursue a civil complaint in U.S. District Court. Covered employees may also utilize the Administrative Dispute Resolution process through the Office of Congressional Workplace Rights. ADR can be extremely helpful in protecting workplace rights.
Emmett: The first thing we tell employees is that a claim must be filed during the 180-day period that begins on the date of the alleged incident. That timing is really important.
Monique: Sometimes the biggest hurdle to getting into the ADR process is figuring out how to prepare and file a claim.
Khizer: I felt like I definitely had a case for discrimination. But I didn’t know how or where to start.
Monique: The Office of Congressional Workplace Rights has confidential advisors available to help with exactly that.
Khizer: I was able to meet with a confidential advisor in person and get help with filing the claim.
Monique: We help make sure the claim is in the right format, and that it has the information required concerning the alleged violation, and the employing office where the alleged violation occurred.
Christopher: Once OCWR receives the claim, we make sure the claimant understands their rights. We then inform the employing office of the claim.
Karen: The claim is then assigned to a preliminary hearing officer who will review the claim form and determine whether it meets the requirements to move forward in the OCWR administrative hearing process.
Emmett: Once a claim passes preliminary review, the employee has ten days to request an administrative hearing with the Office of Congressional Workplace Rights.
Khizer: I wanted to fight for the promotion. It was clear that my nationality and race were the big factors in why I was getting passed over. I wanted that administrative hearing so that I could have my case heard promptly and in a confidential setting and by a neutral adjudicator.
Preet: I was happy to get a hearing, but I really wanted to just sit down and work this out.
Emmett: Mediation can save the parties from expensive and time-consuming litigation. It also provides the parties a confidential setting to craft an outcome that resolves the issues and meets their unique needs.
Monique: Either the employee or the employing office can initiate a request for mediation. But mediation only occurs when both parties agree.
Karen: Mediation happens if the employee making the claim wants to do the mediation. It is not required. Employees also have the choice to participate in the mediation, either directly or through their designated representative.
Preet: This one gentleman was just awful. He’d come up to the help desk and ask loudly if he could talk to a “real American.” I talked to my supervisor about it, but he just told me to ignore him.
Rosario: In Preet’s case, that was the sticking point. His supervisor didn’t think there was anything he could do. Even though the patron was repeatedly harassing Preet.
Monique: Mediation gave Preet the opportunity to explain what was happening to him and enabled his office to better understand its impact. Together they developed a solution that provides Preet a workplace free from harassment.
Preet: I think my supervisor was relieved. We were able to work out specific actions that he and the other supervisors could take to protect me and my coworkers. That’s all I wanted.
Emmett: After a claim is filed, either the claimant or the employing office may request mediation up until either the hearing officer issues the final written decision or a complaint is filed in federal court by the claimant.
Christopher: The mediation period is 30 days and may be extended for an additional 30 days if both parties agree. If the claim is not resolved in mediation, a hearing officer or a judge can decide the matter.
Khizer: My case was a little different. I didn’t want to mediate. But I wasn’t satisfied with the result of the decision of the merits hearing officer. I was able to appeal that decision to the OCWR Board of Directors. If I’m not satisfied with their decision, I may appeal it to the U.S. Court of Appeals.
Narrator: The Congressional Accountability Act ensures that key employee protections extend to workers in the legislative branch. When an employee feels those rights have been violated, they can turn to the Office of Congressional Workplace Rights. Employees can request help with the process from a confidential advisor. Please remember, CAA claims must be filed during the 180-day period that begins on the date of the alleged violation.
The Office of Congressional Workplace Rights works to help ensure that the legislative branch is free of discrimination and harassment, safety and health hazards, accessibility barriers, and employment and labor violations. If you have questions or concerns about any of your rights under the CAA, reach out to the Office of Congressional Workplace Rights.
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