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The Congressional Accountability Act of 1995

Reform Act: An Overview



December 11, 2019

Amid increased legislative and public attention to issues relating to harassment, the Congressional
Accountability Act of 1995 Reform Act (CAA Reform Act) passed both chambers of Congress by
unanimous consent and was signed into law on December 21, 2018. As the one-year-mark of the Act's
passage approaches-and with an annual report required of the Office of Congressional Workplace Rights
soon due in January 2020-this Legal Sidebar provides background on the Congressional Accountability
Act of 1995 (CAA), and an overview of several key changes resulting from the CAA Reform Act.

Scope of the Congressional Accountability Act
The CAA, codified at 2 U.S.C. 1301 et seq., generally makes certain labor and antidiscrimination
protections applicable to the legislative branch, including Title VII of the Civil Rights Act of 1964 (Title
VII), Title I of the Americans with Disabilities Act of 1990 (ADA), the Age Discrimination in
Employment Act of 1967 (ADEA), and the Fair Labor Standards Act of 1938 (FLSA), among others. The
CAA also has an anti-retaliation provision that prohibits reprisal or intimidation of an employee for
reporting unlawful conduct under the CAA. With respect to these protections, the CAA identifies
employees covered under the Act. The CAA also enumerates legislative branch employers, or
employing offices, subject to the CAA's requirements.

In addition to employees already covered under the CAA (such as House and Senate employees), the
CAA Reform Act expanded the definition to include applicants for employment and former employees.
Individuals who carry out official duties of an employing office but are unpaid-such as interns, fellows,
or individuals detailed to an employing office-are now also protected under the CAA from
discrimination based on race, color, religion, sex, national origin, age, or disability.

The Administrative Resolution Process
The CAA Reform Act made significant changes to the process by which covered employees can
administratively resolve their CAA claims, including creating a new position of confidential advisor to
assist covered employees, and making mediation a voluntary-rather than compulsory-part of the
process. The Office of Congressional Workplace Rights (OCWR), an independent office within the

                                                             Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                 LSB10384

CRS Lega Sidebar
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