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These 95 requests for counseling alleged violations under the following sections of the Congressional Accountability Act:2

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Workplace issues raised by the 95 employees requesting counseling fell into the

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Counseling

Results of the Proceedings

Of the ninety-five (95) counseling requests received between Jan. 23 and Dec. 31, 1996,

twenty-six (26) cases closed during or after counseling with no request for
mediation

twenty-nine (29) cases were pending at various stages in the counseling process at the end of 1996

forty (40) requests for mediation were filed

Mediation

Of the forty (40) mediation requests received between Jan. 23 and Dec. 31, 1996,

fourteen (14) cases closed during or after mediation:

--eight (8) cases were formally settled

--in six cases (6), no further action was taken by the covered employee after mediation ended

five (5) cases were in mediation on December 31, 1996

eight (8) cases had completed mediation and were in the time period when a complaint could be filed

thirteen (13) complaints were filed after mediation

Complaints and Hearings

If the dispute remains unresolved after counseling and mediation, an employee may elect to file a civil action in the district courts of the United States or to file a complaint with the Office. If a complaint is filed with the Office, a Hearing Officer is appointed to hear the case and issue a decision.

Of the thirteen (13) complaints filed after mediation (between Jan. 23 and Dec. 31, 1996),

five (5) hearings were scheduled for twelve (12) cases (8 cases being
consolidated for one hearing)

one (1) complaint was pending

Of the five (5) hearings,

four (4) hearings were completed, covering eleven (11) cases, and Hearing
Officer decisions were issued in those four (4) hearings

one (1) hearing was scheduled but not completed as of December 31, 1996

Basis of Complaints

The thirteen (13) complaints filed involved the following issues:

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Worker Adjustment and Retraining Notification Act: eleven (11) complaints

Alleged sexual harassment, reprisal, and hostile work environment: one (1)
complaint

Alleged denial of promotion because of color and religion and discrimination based on gender: one (1) complaint

Action Taken on Complaints

Any party aggrieved by a Hearing Officer's decision may file a petition for review of the decision by the Board of Directors of the Office.

As of December 31, 1996, of the four (4) Hearing Officer decisions issued,

$two(2) petitions for review had been filed with the Board

the appeal period for the other two(2) decisions was still open

No Board decisions were issued in 1996; to our knowledge, no civil actions were filed in Federal Court in 1996 by covered employees.

OFFICE OF COMPLIANCE

OFFICE OF COMPLIANCE

SECTION 301(H) REPORT TO CONGRESS

JANUARY 1, 1997 - DECEMBER 31, 1997

JANUARY 1998

ROOM LA 200, JOHN ADAMS BUILDING 110 SECOND STREET S.E. + WASHINGTON, D.C. 20540-1999 RECORDED INFORMATION LINE: 202-724-9280 + TELEPHONE: 203-724-9250 » Fax: 208-426-1913 ● TDD: 202-426-1912

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