§1416 Confidentiality

Summary

Keeps mediation talks and most hearings, Board meetings, and their records private. The Executive Director must tell everyone who takes part about the privacy rule and the penalties for breaking it. The privacy rule does not apply when records must be public for court review under section 1407. When a claim says a Member of the House (including a Delegate or Resident Commissioner), a Senator, or a senior staff person personally did the kind of violation in section 1415(d)(1)(C), then after the claim reaches a final outcome the Executive Director must send the claim and records to the House or Senate ethics committee and give them access to reviews, hearings, decisions, and any settlement or award information. For settlements involving a Senator, the Senate committee must review the settlement within 90 days, decide if an investigation is needed, and if it finds a violation after investigating, ask the Executive Director for reimbursement and include the settlement in the report required by section 1381(l). Committee reports must not directly reveal the identity or job of the person who filed the claim. A committee may redact information to avoid revealing the claimant if the chair and vice chair agree, must note each redaction, and must keep an unredacted copy. "Final disposition" means an order or agreement to pay (including mediation settlements), a final hearing officer decision no longer subject to review, a final Board decision no longer appealable under section 1407, or a final court decision no longer appealable. A final decision under sections 1405(g) or 1406(e) must be made public if it favors the complaining covered employee or the charging party under section 1331, or if it reverses a hearing officer decision that had favored them. The Board may make other decisions public. A covered employee or an employing office may still state the factual allegations of their claim or defense during proceedings under this subchapter.