Matters Covered by the Congressional Accountability Act (CAA)
The Congressional Accountability Act of 1995, its 2018 Reform Act and its other amendments (CAA), apply the laws below to the U.S. Congress and its associated agencies, giving various employment and labor rights to the 30,000 employees in the legislative branch. The Office of Employee Advocacy has jurisdiction to provide legal assistance and representation on matters covered by these laws as set forth in the CAA.
- Americans with Disabilities Act of 1990 (ADA): Employees with disabilities are protected from discrimination and may receive accommodations to assist in performing essential job functions. Offices must make their public services, programs, activities, and places of public accommodation accessible to members of the public who have a disability.
- Age Discrimination in Employment Act of 1967 (ADEA): Employees 40 years old or older cannot be discriminated against in personnel actions because of their age.
- Employee Polygraph Protection Act of 1988 (EPPA): With limited exceptions, employees cannot be required to take polygraph (lie detector) tests.
- Fair Labor Standards Act of 1938 (FLSA) (including the PUMP for Nursing Mothers Act of 2022): Employees must get paid at least the current minimum wage, and certain employees are entitled to overtime pay. Employees who are nursing have workplace protections and must be provided reasonable break times and a private place to pump.
- Fair Chance to Compete for Jobs Act of 2019 (FCA): Prohibits federal employers from asking about arrest and conviction history on job applications and delays a background check until a conditional job offer has been extended to an applicant.
- Family and Medical Leave Act of 1993 (FMLA) (including the Federal Employee Paid Leave Act of 2019): Eligible employees are entitled to 12 weeks of leave from work for certain family and medical reasons (e.g. injury, surgery, chronic conditions). In addition to physical and mental health conditions, the FMLA includes parental leave and leave for post-birth serious health conditions.
- Federal Service Labor-Management Relations Statute: Certain legislative branch employees have the right to join a union and collectively bargain with an employing office.
- Genetic Information Nondiscrimination Act of 2008 (GINA): Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information.
- Occupational Safety and Health Act of 1970 (OSHA): Workplaces in the legislative branch must be free of hazards and conditions that are likely to cause death or serious injury.
- Pregnant Workers Fairness Act of 2022 (PWFA): Pregnant employees have the right to receive reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
- Rehabilitation Act of 1973: Employees cannot be discriminated against in personnel actions because of a disability, and offices may be required to accommodate the special needs of a person with a disability.
- Title VII of the Civil Rights Act of 1964 (Title VII): Employees cannot be harassed or discriminated against in personnel actions because of their race, color, religion, sex, sexual orientation, gender identity, or national origin.
- Worker Adjustment and Retraining Notification Act of 1989 (WARN Act): Employees are entitled to be given advance notice of an office closing or mass layoff.
- Veterans' employment and reemployment rights in Chapter 43 of Title 38 of the United States Code / Uniformed Services Employment & Reemployment Rights Act, amended in 1998 to include portions of the Veterans Employment Opportunities Act of 1998 (VEOA): Employees cannot be discriminated against for military service or military-related leave. Those who leave work to perform uniformed service are entitled to be reemployed in their old job after a service obligation ends.