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Frequently Asked Questions

Who qualifies as an "employee" eligible for services by the Office of Employee Advocacy?

What are the types of claims for which I can obtain legal assistance from Employee Advocacy attorneys?

Can Employee Advocacy attorneys represent a House employee in all phases of litigation in matters covered by the Congressional Accountability Act?

Does Employee Advocacy provide legal assistance on matters related to all the protected characteristics covered by House anti-discrimination policies?

How do I know that my electronic files maintained by Employee Advocacy and my email correspondence with Employee Advocacy will remain secure and confidential?

Even though my claim is a personal claim, can I contact Employee Advocacy from my House work station and use House equipment?

What is the relationship between Employee Advocacy and the Office of House Employment Counsel (OHEC)?

Does Employee Advocacy provide services to House employees who are located outside of the District of Columbia metropolitan area?

How can I contact Employee Advocacy to initiate a request for legal assistance?

Is the Office of Employee Advocacy part of the Office of Employee Assistance (OEA)?

Am I required to utilize Employee Advocacy as my personal legal representative?

Does Employee Advocacy charge any legal fees or costs?


Who qualifies as an "employee" eligible for services by the Office of Employee Advocacy?

Employee Advocacy counsels, advises and represents all individuals who meet the definition of "employee of the House of Representatives" under the Congressional Accountability Act of 1995, its amendments and its reforms (collectively, CAA). Aside from a short list of exceptions, the CAA defines House employees as individuals who hold positions for which the Office of the Chief Administrative Officer disburses their pay and/or for which the pay comes from the Members' Representational Allowance (MRA). The definition includes individuals who currently work for the House in such a paid position, formerly did so, or are applicants for such positions. It also includes staff of Congressional Member Organizations (e.g., caucuses); but it does not include contractors or employees of campaign offices. As an exception to the pay aspect of the definition, 2018 CAA reforms expanded the employee definition to paid and unpaid interns, fellows and detailees.

What are the types of claims for which I can obtain legal assistance from Employee Advocacy attorneys?

Employee Advocacy can assist House employees by providing legal advice and legal representation on any matter covered by the Congressional Accountability Act. Those include matters based on an employee's race, color, national origin, religion, sex (gender, sexual orientation and gender identity), age, military service, disability, pregnancy, use of leave to address a personal or family medical condition, or use of leave related to a public health emergency (e.g., coronavirus/COVID-19). Employee Advocacy attorneys also provide legal assistance on workplace safety matters and labor matters covered by the CAA, including unionization, compensation, and labor practice issues.

Can Employee Advocacy attorneys represent a House employee in all phases of litigation in matters covered by the Congressional Accountability Act?

Employee Advocacy attorneys can serve as employee advocates in every phase of a matter covered by the CAA in administrative proceedings. That includes informal discussions with House colleagues or managers, filing a claim with the Office of Congressional Workplace Rights (OCWR), voluntary mediation with the OCWR, an OCWR administrative hearing, an appeal of an OCWR decision, and proceedings before the House Committee on Ethics. However, under its establishing House Resolution (H. Res. 724, 115th Congress), Employee Advocacy does not have jurisdiction to provide legal assistance to House employees at any time after the employee files a civil action in federal district court. Further, for matters pursued before the OCWR in which employees subsequently file an appeal in federal court, Employee Advocacy is not able to handle appeals to the U.S. Court of Appeals for the Federal Circuit.

Does Employee Advocacy provide legal assistance on matters related to all the protected characteristics covered by House anti-discrimination policies?

Employee Advocacy provides legal assistance in matters related to almost all of the protected characteristics covered by the House Rules. House Resolution 724 (115th Congress) established Employee Advocacy and its jurisdiction. Employee Advocacy's jurisdiction is broad, as the office can provide consultation and representation regarding all matters covered by the Congressional Accountability Act (CAA). However, parental status and marital status are protected characteristics covered by the House Rules but not the CAA (unless the matter is also tied to a CAA protected class, such as gender). As interpretations of Title VII of the Civil Rights Act's provisions on "sex" change, Employee Advocacy's jurisdiction may change if courts consistently begin to interpret the statute as encompassing parental and marital status.

How do I know that my electronic files maintained by Employee Advocacy and my email correspondence with Employee Advocacy will remain secure and confidential?

Employee emails submitted to Employee Advocacy's email addresses remain secure due to limited access to Employee Advocacy's accounts. Employee Advocacy's electronic client files remain secure due to limited access to Employee Advocacy's systems.

Even though my claim is a personal claim, can I contact Employee Advocacy from my House work station and use House equipment?

Yes. House employees are allowed to use House equipment during private time (e.g., lunch breaks) to contact and correspond with Employee Advocacy regarding employees' claims covered by the Congressional Accountability Act. Employees can use House computer equipment to log into their personal email accounts. Employees should make sure to close-out the internet browser completely after such use, particularly on shared computers. Alternatively, Employees can use their personal equipment to contact Employee Advocacy.

What is the relationship between Employee Advocacy and the Office of House Employment Counsel (OHEC)?

Employee Advocacy represents House employees in matters covered by the Congressional Accountability Act of 1995, as amended by the 2018 Reform Act (collectively, CAA). In contrast, OHEC represents House offices and management. Employee Advocacy and OHEC may be opposing counsel on matters, both offices have as their goal the best resolution of CAA matters.

Does Employee Advocacy provide services to House employees who are located outside of the District of Columbia metropolitan area?

Yes. Employee Advocacy attorneys provide consultation and representation services to employees across the country and the U.S. territories. Employee Advocacy accomplishes this through email, telephone and video conference technologies. When appropriate and beneficial, Employee Advocacy attorneys also fly to district offices to assist employees.

How can I contact Employee Advocacy to initiate a request for legal assistance?

Employee Advocacy operates a telephone hotline at 202-225-8800, which employees may use to seek advice and representation. Employees may also submit correspondence or an Intake Form to Employee.Advocacy@mail.house.gov (Employee Advocacy's email hotline) or through the Employee Advocacy's secure fax line at 202-225-8802. An in-person initial consultation is an additional option. Employees should call for an appointment to schedule an in-person meeting with the Office of Employee Advocacy.

Is the Office of Employee Advocacy part of the Office of Employee Assistance (OEA)?

No. Though Employee Advocacy may share information with OEA (with the employee's consent) to help the employee find solutions for difficulty encountered in the workplace, the two offices are separate and distinct. Employee Advocacy is an independent office in the Office of the Chief Administrative Officer's (CAO) Immediate Office. It is a legal office staffed by attorneys.

The OEA is an office within the CAO's Office of Human Resources. The OEA is staffed with highly qualified licensed or certified counselors who provide support and guidance regarding a variety of individual and organizational difficulties.

Am I required to utilize Employee Advocacy as my personal legal representative?

No. Engaging a representative regarding workplace matters is optional, whether that representative is an Employee Advocacy attorney or another individual. If a workplace concern becomes a formal claim, the Congressional Accountability Act (CAA) requires that employees engage in an alternative dispute resolution (ADR) process to address CAA claims. At any time during the ADR process, an employee may designate a representative, such as an attorney, to represent them in the matter. The private attorney can be an Employee Advocacy attorney or a private attorney outside of the House of Representatives. Unlike outside private counsel, Employee Advocacy offers its private legal services by highly experienced employment and labor law attorneys without expense to employees.

Does Employee Advocacy charge any legal fees or costs?

No. Employee Advocacy provides legal services to House employees without charge. Employee Advocacy does not accept any award of attorney's fees or costs. This is true even when employees receive monetary settlements or awards on their claims.

 

Disclaimer: These FAQs contain general information and are not legal authority or legal advice. Particular answers may have unstated exceptions, qualifications, and/or limitations, or may become outdated due to changes in the law. For these reasons, please consult with an attorney prior to initiating any proceeding described in these FAQs.