Norton Introduces Bill to Strengthen Workplace Protections for Legislative Branch Employees

WASHINGTON, D.C. — Congresswoman Eleanor Holmes Norton (D-DC) today introduced the Congress Leads by Example Act of 2020, which would subject Congress and the rest of the legislative branch to workplace laws that protect employees in the private sector and the executive branch.

"Especially given ongoing reports of workplace abuses in the legislative branch," Norton said, "Congress must be first in line to abide by the laws it imposes on the American people and businesses. Congress already acknowledged the importance of accountability when it passed the Congressional Accountability Act of 1995 and further confirmed it when it passed the Congressional Accountability Act of 1995 Reform Act in 2018. As a former chair of the U.S. Equal Employment Opportunity Commission, I take these issues very seriously. My bill builds on the protections in previous laws, bringing the protections for congressional employees in line with those for the rest of the American people."

In 1995, Congress passed the Congressional Accountability Act of 1995 (CAA), which applied 13 civil rights, labor and workplace safety laws to Congress and legislative branch entities. In 2018, after reports of sexual harassment in Congress and in light of the #MeToo movement, Congress passed the Congressional Accountability Act of 1995 Reform Act (Reform Act), which changed the name of the Office of Compliance to the Office of Congressional Workplace Rights (OCWR), revised the process to resolve workplace claims and extended protections of the CAA to unpaid staff, interns and fellows. It also imposed personal liability on Members of Congress for their own violations of harassment and retaliation laws. However, more remains to be done.

The CAA and the Reform Act were important first steps in making the legislative branch accountable for its employment practices, but they did not finish the job. As noted, the CAA did bring the legislative branch under 13 major civil rights, labor and workplace safety and health laws, but it omitted important substantive and administrative protections. In latest biennial report to Congress on workplace protections, OCWR identified additional provisions of federal workplace laws and standards that should be applicable to the legislative branch. OCWR's recommendations included providing whistleblowers with protection from retaliation by making the Whistleblower Protection Act of 1989 applicable to the legislative branch.

The bill would do the following:

• Takes into account OCWR's report by applying the standard of fairness to employees in the legislative branch that Congress requires for other employees and provides a safer work environment for Congress, Capitol Hill employees and visitors by bringing the legislative branch in line with the legal requirements of private sector employers and the executive branch.
  
• Provides general whistleblower protections and anti-retaliation measures and makes additional Occupational Safety and Health Act (OSHA) retaliation provisions applicable to the legislative branch.
  
• Provides subpoena authority to OCWR to conduct inspections and investigations into OSHA violations.
  
• Furthers the CAA's mission to prevent discrimination in legislative branch offices by prohibiting the legislative branch from making adverse employment decisions on the basis of an employee's wage garnishment or involvement in bankruptcy proceedings pursuant to the Consumer Credit Protection Act and Chapter 11 of the bankruptcy code.
  
• Bolsters the CAA's recordkeeping requirements. It extends the obligation to maintain accurate records of safety information and employee injuries, as otherwise required by OSHA, as well as employee records necessary to administer anti-discrimination laws in the legislative branch.

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