H.R. 8126 — Congressional Accountability Act Enhancement Act

This section revises reimbursement requirements under the Congressional Accountability Act of 1995 (CAA), which applies federal workplace protections, including anti-discrimination laws such as Title VII of the Civil Rights Act and the Americans with Disabilities Act, to congressional employees. (1) requires Members of Congress to reimburse the Treasury for settlements and awards paid for violations of employment discrimination protections under CAA section 201(a) (fair employment practices) or 206(a) (political appointees), with a conforming amendment to the notification requirement upon filing of such claims (amending 2 U.S.C. 1415(d)(1)(C) and 1402(b)(2)(B)); and (2) requires non-Member employing offices to reimburse the Treasury for settlements and awards paid in cases of retaliation (i.e., intimidation, reprisal, or discrimination under CAA section 207) against covered employees for filing a claim alleging a section 201(a) or 206(a) violation (amending 2 U.S.C. 1415(e)). The amendments apply to claims filed on or after the date of enactment.

This section permits an individual filing a claim under the Congressional Accountability Act of 1995 (CAA)—which applies federal labor, employment, and workplace protection laws to legislative branch covered employees—to file an amended claim within 10 days if a hearing officer's preliminary review determines that the original claim fails to state a claim for which relief may be granted. The amended claim is subject to a new preliminary review; if no timely amendment is filed or the amended claim also fails, the individual cannot obtain a formal hearing but receives notice of the right to file a civil action. The amendments apply to claims filed on or after the date of enactment.

This section permits the Office of Employee Advocacy to provide assistance to covered House of Representatives employees with respect to investigations or proceedings under the Congressional Accountability Act of 1995 at any time, including after the employee files a civil action alleging a violation of the act (notwithstanding prior restrictions under section 724(c) of House Resolution 724, 115th Congress). (As background, the Office of Employee Advocacy advises and represents employees alleging workplace violations under the act, which applies specified labor and employment laws to Congress.)