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OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS Alternative Dispute Resolution Process effective June 19, 2019 Claim must be led within 180 days of violation. Preliminary Hearing Ocer issues report within 30 days; an extension of no more than 30 days is allowed. - Voluntary, condential. - Both parties must request. - May be requested at several points during the process. - Length of stage: 30 days, unless extended for additional 30 days. Must request a hearing at the OCWR no later than 10 days after Preliminary Hearing Ocer's Report. Hearing generally will be held within 90 days. Decision by Merits Hearing Ocer issued within 90 days of end of hearing. A claimant who has not requested a hearing at OCWR or whose claim does not proceed past the preliminary review stage may le a civil complaint in U.S. District Court. Appeal must be led no later than 30 days after Merits Hearing Ocer's decision. Appeal must be led no later than 90 days after Board of Directors' decision. U.S. COURT OF APPEALS INITIAL PROCESSING PRELIMINARY REPORT MEDIATION CIVIL ACTION OR ADMINISTRATIVE PROCEEDING BEFORE MERITS HEARING OFFICER REVIEW BY OCWR BOARD OF DIRECTORS There is another chart available that reects the process applicable to employees who are claiming that a Member of Congress personally engaged in certain types of misconduct. For more information, please visit: OCWR.GOV. FOR MOST EMPLOYEES IN THE LEGISLATIVE BRANCH
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Page 1: OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS ...Alternative Dispute Resolution Process under Congressional Accountability Act (CAA) Reform Act Library of Congress Regulation (LCR) 11-360

OFFICE OF CONGRESSIONAL WORKPLACE RIGHTSAlternative Dispute Resolution Process effective June 19, 2019

Claim must be filed within 180 days of violation.

Preliminary Hearing O�cer issues report within 30 days;an extension of no more than

30 days is allowed.

- Voluntary, confidential.- Both parties must request.

- May be requested atseveral points during the

process.- Length of stage: 30 days,

unless extended foradditional 30 days.

Must request a hearing at the OCWR no later than10 days after Preliminary Hearing O�cer's Report.

Hearing generally will be held within 90 days.Decision by Merits Hearing O�cer issued within

90 days of end of hearing.

A claimant who has not requested ahearing at OCWR or whose claim does

not proceed past the preliminary reviewstage may file a civil complaint in U.S.

District Court.

Appeal must be filed no later than 30 days after Merits Hearing O�cer's decision.

Appeal must be filed no later than 90 days after Board of Directors' decision.

U.S. COURT OF APPEALS

INITIALPROCESSING

PRELIMINARYREPORT

MEDIATION

CIVIL ACTION

OR

ADMINISTRATIVE PROCEEDING BEFOREMERITS HEARING OFFICER

REVIEW BY OCWR BOARD OF DIRECTORS

There is another chart available that reflects the process applicable to employees who are claimingthat a Member of Congress personally engaged incertain types of misconduct.For more information, please visit: OCWR.GOV.

FOR MOST EMPLOYEES IN THE LEGISLATIVE BRANCH

Page 2: OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS ...Alternative Dispute Resolution Process under Congressional Accountability Act (CAA) Reform Act Library of Congress Regulation (LCR) 11-360

OFFICE OF CONGRESSIONAL WORKPLACE RIGHTSAlternative Dispute Resolution Process effective June 19, 2019

Claim must be filed within 180 days of violation.

Special notification requirements to Members of

Congress if there is an allegationof harassment, intimidation,reprisal, or discrimination.

Preliminary HearingO�cer issues report

within 30 days; an extensionof no more than 30 days is

allowed.

Notice to appropriate EthicsCommittees.*

- Must request a hearing at the OCWR no laterthan 10 days after Preliminary HearingO�cer's Report. - Hearing generally will be held within 90days. Decision by Merits Hearing O�cer issued within 90 days of end of hearing.

A claimant who has not requested a hearingat OCWR or whose claim does not proceed

past the preliminary review stage may file a civil complaint in U.S. District Court.

Appeal must be filed no later than 30 days after Merits Hearing O�cer's decision.

Appeal must be filed no later than 90 days after Board of Directors' decision.

There is another chart available thatreflects the process applicable to most legislative branch employees.For more information, please visit:OCWR.GOV.

* The OCWR Executive Director will refer to anappropriate Ethics Committee any “final disposition” (i.e., a mediated settlement or a final decision within OCWR) of a claim that alleges a Member of Congress ora Member’s senior sta� member personally engaged in harassment, intimidation, reprisal, or discrimination.

U.S. COURT OF APPEALS

INITIAL PROCESSING PRELIMINARY REPORT

FOR EMPLOYEES WHO MAKE A PERSONAL CLAIM AGAINST A MEMBER OF CONGRESS

CIVIL ACTION

OR

ADMINISTRATIVE PROCEEDING BEFOREMERITS HEARING OFFICER

REVIEW BY OCWRBOARD OF DIRECTORS

- Voluntary, confidential.- Both parties must request.

- May be requested atseveral points during the

process.- Length of stage: 30 days,

unless extended foradditional 30 days.

MEDIATION

Page 3: OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS ...Alternative Dispute Resolution Process under Congressional Accountability Act (CAA) Reform Act Library of Congress Regulation (LCR) 11-360

Alternative Dispute Resolution Process under Congressional Accountability Act (CAA) Reform Act

Library of CongressRegulation (LCR) 11-360(or relevant collectivebargaining agreement)

LCR 11-310 §6

LCR 11-310 §9

LCR 11-310 §10

LCR 11-370

LCR 11-310 §12

Preliminary Hearing O�cer issues report within 30 days,

unless an extension of 30 daysis granted.

Claim must be filed within 180 days of violation.

Hearing generally will be heldwithin 90 days. Merits Hearing

O�cer issues decision within 90 days of end of hearing.

Must request a hearing at OCWR nolater than 10 days after Preliminary

Hearing O�cer's Report.

Appeal must be filed no later than 30 days after Merits Hearing O�cer's decision.

Appeal must be filed no later than 90 days after the Board of Directors' decision.

May transfer toOCWR May transfer to LOC

May transfer to LOC

May transfer

to OCWR

May transfer

to OCWR

May tra

nsfer t

o

OCWR

* There is another flow chart for legislative branch employees who do not work for the Library of Congress.

U.S. COURT OF APPEALS FOR FEDERAL CIRCUIT -§1407 of CAA

INITIAL PROCESSING

PRELIMINARY REPORT

REQUEST FOR HEARING

ADR/ INFORMALCOUNSELING

FORMAL COMPLAINT

LIBRARY OFCONGRESS (LOC)

OFFICE OFCONGRESSIONAL

WORKPLACE RIGHTS(OCWR)

OR

INVESTIGATION

DECISION BY EQUALEMPLOYMENT

OPPORTUNITY ANDDIVERSITY PROGRAM

CHIEF

REQUEST FORHEARING

HEARING

FINAL AGENCYDECISION

U.S. DISTRICTCOURT FOR D.C.

UNDER DIRECT ACT

U.S. DISTRICT COURTOF APPEALS

FOR LIBRARY OF CONGRESS EMPLOYEES*

HEARING BEFORE MERITSHEARING OFFICER AND

DECISION -§1405 OF CAA

APPEAL TO OCWR BOARDOF DIRECTORS -

§1406 OF CAAU.S. DISTRICT COURT -

§1408 OF CAA

Voluntary, confidential.

Both parties must request.

May be requested at severalpoints during the process.

Length of stage: 30 days,unless extended foradditional 30 days.

Employees may use theLibrary's ADR process to

resolve issues informally atany stage in the process.

EMPLOYEE CHOOSES WHERE TO INITIATE CLAIM:

MEDIATION

ALTERNATE DISPUTERESOLUTION (ADR)


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