Transcript
[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.
The Office of 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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