How To File a Complaint of Sexual Harassment: Correcting the Record With the OOC
(Editor's Note: The information below is from the Office of Compliance — please do not consider that title an inappropriate joke — from its government site.)
How to File a Claim
In recent weeks there have been many media reports about the process for employees in the legislative branch to file claims with the Congressional Office of Compliance (OOC) under the Congressional Accountability Act of 1995 (CAA). Several of those reports contain incorrect information about that process. The questions and answers below address the most common misconceptions about the OOC; more detailed information is available here.
Q: I read that the CAA requires an employee alleging sexual harassment to seek "counseling" with the OOC. What does that mean?
A: "Counseling" is the name given to the OOC’s intake process. To file a claim of harassment (or any other violation of workplace rights under the 13 statutes incorporated by the CAA), you must request counseling within 180 days of the date of the alleged violation. Although the OOC counselor does not provide you with advice about the strength or merits of your case, upon receipt of the counseling request, she considers the information that you provide and gives you information on your workplace rights and the administrative procedures under the CAA.
Q: I read that I have to sign a nondisclosure agreement in order to initiate a claim with the OOC. Is that true?
A: No. The confidentiality aspect of counseling means that the OOC will not notify your employing office or anybody else that you have contacted the OOC. If you wish, you may permit the OOC to contact your employing office to seek an immediate solution to your concerns, but this is strictly up to you.
Q: I heard that I can't even tell my family or friends that I have filed a claim with the OOC. Is this true?
A: No. The decision whether to tell someone that you have contacted the OOC is yours alone, and there is no restriction on whom you can tell.
Q: Do I have to attend intake counseling in person?
A: No. Neither the CAA nor the OOC’s procedural rules require your in-person attendance at counseling. You may participate in the counseling process over the telephone, or by similar means, and you may have someone else represent you in your absence. Your designated representative can be, but is not required to be, a lawyer.
Q: I heard that the intake counseling process takes 30 days. Is this true?
A: Not necessarily. The CAA provides that "[t]he period for counseling shall be 30 days unless the employee and the [OOC] agree to reduce the period." Therefore, you can request to shorten the intake counseling period.
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