Congressional accountability and denial: Speech or debate clause and conflict of interest challenges to unionization of congressional employees

In 1995, Congress passed the Congressional Accountability Act, which applie d federal workplace and anti-discrimination laws to Congress. Under the ter ms of the Act, Congress can prevent legislative staff from unionizing if th e presence of organized employees would raise constitutional problems or pr esent a conflict of interest. In this Article, Professor Brudney argues tha t these constitutional conflicts and issues do not pose sufficient concern to outweigh the workplace rights of congressional staff Rather he maintains that Congress, should either fulfill its obligations tinder the Act and al low legislative staff to unionize, or else enact a stature and explain the need for such an exception.