Section 210 of the Congressional Accountability Act (CAA) requires that legislative branch services, programs, and activities be accessible to individuals with disabilities, including members of the general public.
The General Counsel of the Office of Congressional Workplace Rights (OCWR) enforces the ADA’s public access provisions as applied by the CAA. Individuals alleging a violation may file a request for inspection with the General Counsel. If the request is filed by an individual with a disability within 180 days of the occurrence of the alleged discrimination, it will be treated as an ADA charge of discrimination. Anyone, regardless of disability status, can file a request for inspection to alert the OCWR to an accessibility concern.
Request an ADA Inspection
To initiate an OCWR investigation of a potential violation of the ADA public access provisions, you may file a request for inspection by using this form:
Request for ADA Inspection Form
Please note that the same form is used whether the request constitutes a charge of discrimination (if filed by an individual with a disability within 180 days of encountering the barrier to access) or a request for inspection (all other requests regarding accessibility concerns).
You may e-mail the completed form to ADAaccess@ocwr.gov (preferred), fax it to (202) 426-1913, or drop it off at the Office of Congressional Workplace Rights, located in the John Adams Building, 110 Second Street, SE, Room LA-200, Washington, DC 20540-1999. Forms may also be mailed to the OCWR office, but may take several weeks to arrive.
The requestor’s identity can be kept confidential: if the requestor checks the box on the request form indicating they wish to remain anonymous, the OCWR will not reveal the requestor’s name to others. However, the requestor’s identity and contact information must be provided to the OCWR so that we may follow up as needed.
What to Expect After Filing a Request for ADA Inspection
After a request or charge is filed, OCWR will notify the responsible entity and will investigate the matter. Often, issues are addressed and resolved once the OCWR alerts the responsible entity. However, if further action is necessary, the CAA empowers OCWR to take the following steps:
- After the investigation, the General Counsel may request mediation between the person who filed the charge and the entity responsible for correcting the potential violation.
- If the dispute is not resolved by mediation, the General Counsel may file an administrative complaint with the OCWR Executive Director against any entity responsible for correcting the violation. The complaint will be submitted to a hearing officer for a decision.
- The hearing officer’s decision is subject to review by the OCWR’s Board of Directors, whose decision is subject to judicial review by the U.S. Court of Appeals for the Federal Circuit.
Unlike with claims of disability discrimination in employment, which legislative branch employees may file and pursue through the OCWR’s administrative dispute resolution process, there is no private right of action for alleged violations of the ADA public access provisions applied by the CAA. The General Counsel enforces these provisions and has exclusive authority to file ADA public access complaints with the OCWR Executive Director. However, an individual who files an ADA charge of discrimination may intervene as of right, with the full rights of a party, if their charge results in an administrative complaint filed by the General Counsel.
For ADA requests for inspection that are not treated as charges of discrimination, the General Counsel will work with the responsible entity to see that corrective actions are taken and, if necessary, issue a report documenting the investigation findings and identifying needed corrective actions.
ADA investigations that have been conducted by the OCWR include:
- Videos on the website of a member of Congress lacked effective closed captions. After the OCWR’s investigation, more accurate captions and transcripts were added.
- A physically disabled visitor to a Library of Congress building had difficulty using a bathroom because of the low height of a toilet seat. A raised toilet seat was installed to bring the bathroom into compliance with ADA standards.
- The viewing area for a concert on the grounds of the Capitol Building was only served by stairs, preventing a person who used a mobility scooter from accessing it. The OCWR worked with the responsible entities to identify an alternative area for concerts to be set up to ensure an accessible experience for all viewers.