Proposed Bill Calls for Hill Staff to Enjoy Similar Protections as other Federal Employees
Last week, Congresswoman Eleanor Holmes Norton (D-DC) introduced legislation that would grant congressional staff many of the same whistleblower rights and workplace protections as federal employees in the executive branch and private sector.
The Congress Leads by Example Act (H.R. 8743) would put into effect recommendations from the Office of Congressional Workplace Rights (OCWR) which would:
Authorize OCWR to conduct inspections and investigations into violations of the Occupational Safety and Health Administration (OSHA);
Prohibit legislative offices from applying adverse hiring decisions to employees who have wage garnishments or bankruptcy proceedings pending; and,
Improve recordkeeping requirements to protect employees from various forms of retaliation.
“Given ongoing reports of workplace abuses in the legislative branch, Congress must abide by the laws it imposes on the American people and workplaces. Congress already acknowledged the importance of accountability in the legislative branch workplace 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,” said Congresswoman Norton. “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 legislative branch employees in line with those for other workers.”
Typically, federal employees possess extensive protections against whistleblower reprisals, including the ability to take their complaint to the Merit Systems Protection Board (MSPB) or Office of Special Counsel (OSC). This legislation does not afford congressional staff the opportunity to appeal to the MSPB or OSC. Instead, the bill instructs the OCWR Board of Directors to issue regulation in accordance with MSPB regulations implementing employee rights and protections. The bill authorizes OCWR General Counsel to enforce workplace rights and investigate allegations.
If this bill moves forward in the House, what remains unclear is the extent of covered congressional staff and if legislative branch agencies are included under the bill’s umbrella. Moreover, there is no mention of legal representation for employees, the potential for outside counsel, or professional liability insurance in the bill.
