Transcript
[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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