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Norton Letter to Architect of the Capitol Notes Potential Violations of Federal Law

September 24, 2014

WASHINGTON, D.C. – The Office of Congresswoman Eleanor Holmes Norton (D-DC) today released a letter Norton sent to the Architect of the Capitol (AOC), Stephen T. Ayers, asking for a comprehensive review of working conditions for Capitol Visitor Center (CVC) employees. Earlier this month, staff from the office of the Congresswoman, a former chair of the Equal Employment Opportunity Commission, met with CVC workers who complained about the water policy, which makes it harder to stay hydrated throughout the day. In 2010, tour guides and visitor assistants were barred from carrying water bottles and drinking water while at assigned posts. Norton's staff was also told that workers with an injury, or workers who are recovering from a treatment or procedure that requires the use of a wheelchair, are deemed unable to work and are forced to use sick leave and/or unpaid leave for the days they are unable to work. Many workers with permanent disabilities are also, allegedly, being forced into early retirement. Norton said this treatment of workers is likely a violation of the Americans with Disabilities Act (ADA).

For the last three years, the U.S. Office of Personnel Management has performed a survey that measures employee satisfaction. The latest publicly released survey results, from 2012, show low scores for CVC workers. Norton is concerned that neither the 2013 nor the 2014 results have been released, and, in her letter, requests that they be made available to the union representing these workers and to her office.

"It appears that AOC may not be providing reasonable accommodations for some workers who can perform the job, as required by the ADA, and that more needs to be done to ensure employee access to water, consistent with the required decorum," Norton said. "At the very least, there needs to be a comprehensive look at the working conditions of CVC employees, who assist millions of Americans each year."

Norton's letter follows:

September 24, 2014

The Honorable Stephen T. Ayers

Architect of the Capitol

SB-15, U.S. Capitol

Washington, DC 20515

Dear Mr. Ayers:

Thank you for your work on safety concerns in the Capitol Complex. As you may recall, I held hearings on safety violations, where many employee grievances were aired, and you promptly followed up with improvements to employee uniforms and the water consumption policy. I write now because, unfortunately, Capitol Visitor Center (CVC) tour guides and visitor assistants continue to have concerns about safety that have gone unaddressed. In addition, I am fearful that the CVC is engaging in labor practices that could be unlawful.

CVC workers visited me last week and described multiple issues affecting workers. In 2010, tour guides and visitor assistants were barred from carrying water bottles and drinking water on duty partially due to restrictions on visitors from bringing water bottles into the Capitol. Today, tour guides and visitor assistants work physically demanding jobs, often providing five daily tours plus duties at other posts, both indoors and outside, and are afforded only two 15-minute breaks and one 30-minute lunch. These workers are, for the most part, almost always in public space. I encourage your office to work with tour guides and visitor assistants to find accommodations for workers who need access to water consistent with their public duties and decorum.

For the last three years, the U.S. Office of Personnel Management has performed an Organizational Assessment Survey (OAS) of CVC employees. The OAS measures employee perceptions of high-performing organizations by looking at organizational climate and employee attitudes and behaviors within an organization. The 2012 results showed low scores for CVC tour guides and visitor assistants. Unfortunately, the 2013 results have not been made available to the union. I have been informed that the 2014 results were recently finalized, but these have not yet been made available to the union. Therefore, I am requesting that the 2013 and 2014 results to the organizational assessment survey be made available to the union representing these workers and to my office.

I also understand that the Architect of the Capitol (AOC) may not be providing reasonable accommodations for tour guides who suffer from a temporary injury or are recovering from surgery or have a permanent disability. Workers who have an injury or are recovering from treatment and require the use of a wheel chair are allegedly deemed unable to work and are forced to use sick leave and/or unpaid leave for the days they are unable to work. Workers who suffer a permanent disability are allegedly being forced into early retirement. Such treatment of workers is a likely violation of the Americans with Disabilities Act, especially because there appear to be a number of ways that reasonable accommodations can be made, such as permitting such employees to use elevators or to perform some jobs while sitting.

I would appreciate your attention to these matters and your prompt reply on the action you intend to take. I ask that this request be given full and fair consideration consistent with applicable law, rules, and regulations.

Sincerely,

Eleanor Holmes Norton