The Civil Rights Division (Division) of the Department of Justice (Department or DOJ), created by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division is primarily responsible for enforcing federal statutes and executive orders that prohibit, among other things, unlawful discrimination in education, employment, housing, police service, public accommodations and facilities, voting, and federally funded and conducted programs. The Division also has jurisdiction to enforce constitutional prohibitions on certain conduct by law enforcement agencies and public residential institutions, such as health care and correctional facilities.
The Disability Rights Section (DRS) and the Special Litigation Section (SPL) are two Sections within the Civil Rights Division that enforce compliance with the integration mandate of the Americans with Disabilities Act (ADA), as interpreted by the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999).
The attorneys selected will be dedicated to the selecting Section's work pursuant to the Health Care Fraud and Abuse Control ("HCFAC") Program, with an emphasis on the Section's matters that seek to enforce compliance with the ADA's integration mandate by preventing unnecessary segregation of persons with disabilities in institutions such as mental health facilities, nursing facilities, and other congregate settings. Applicants who wish to be considered by only one of the Sections should identify that Section in the applicant's cover letter.
The incumbent will be responsible for duties such as, but not limited to: (1) personally handling sensitive and/or complex investigations, litigation, and negotiations; (2) contributing to the development of strategies and priorities for HCFAC and Olmstead enforcement; (3) coordinating with other federal agencies to develop strategies for effective and efficient information sharing and case referrals; and (4) conducting outreach. The incumbent will be responsible for screening and developing new matters, conducting comprehensive investigations involving in-person visits, interviewing witnesses, working with experts, analyzing data, drafting written recommendations including legal analyses, litigating Olmstead claims and negotiating, monitoring, and enforcing settlement agreements. Litigation associated with these investigations is typically complex, involving extensive discovery, pretrial motions practice, preliminary injunction hearings, trials, and post judgment enforcement. This position requires travel and may require extended hours.
- Required Qualifications:
Applicants must possess a J.D. from an American Bar Association accredited law school, be an active member of the bar in good standing (any jurisdiction), and possess the minimum years of post-professional law degree experience commensurate to the grade level of eligibility, as shown below. Applicants also must have strong, demonstrated qualifications in the following areas: academic achievement; written and oral communication skills; the ability to analyze complex issues; skill and experience working collaboratively and productively with others; organizational skills; professional judgment; initiative; and the ability to excel in a fast-paced, demanding environment. In addition, applicants must have outstanding professional references.
Given the nature and volume of this work, the Sections generally seeks candidates with significant experience in complex litigation. Applicants with one or more of the following qualifications are preferred: (1) extensive civil trial experience; (2) extensive federal civil litigation experience; (3) experience with complex investigations and negotiations; (4) substantive knowledge of Olmstead, Medicaid, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and other applicable law; and (5) experience conducting outreach to a broad array of stakeholders. Judicial clerkships (especially in federal court), law review, moot court, clinical experience, and skill and experience working cooperatively and productively with a range of people, such as charging parties, witnesses, respondents, disadvantaged or disenfranchised groups, opposing counsel, judicial or administrative officials, advocacy groups, law enforcement personnel, and the staff of other federal or state governmental agencies are also preferred.
Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level.
- GS-13 - minimum 1.5 years post-JD legal experience
- GS-14 - minimum 2.5 years post-JD legal experience
- GS-15 - minimum 4 years post-JD legal experience
The following documents are required for your application to be complete. Our office cannot be responsible for incompatible software, illegible fax transmissions, delays in mail service, your system failure or downtime, etc. Encrypted and digitally signed documents will not be accepted. Failure to submit required, legible documents may result in loss of consideration.
- Cover Letter (highlighting relevant experience).
- Resume - Applicants are encouraged to ensure work experiences clearly show the possession of knowledge of the subject matter pertinent to the position and the technical skills to successfully perform the duties of the position.
- Law School Transcripts
- Writing Sample - A brief or comparable analytic legal exposition that is your work product. (No more than 10 pages)
- Assessment Questionnaire (you will be prompted to complete this when you apply online).
- Schedule A Applicants - Schedule A letter from a physician, local, state or federal rehabilitation office citing your eligibility under 5 CFR 213.3102 (u).
- Current or Former Political Appointees (if applicable) - please note on your resume and attach an SF-50. The Office of Personnel Management (OPM) must authorize employment offers made to current or former political appointees. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C or Non-Career SES employee in the Executive Branch, you must disclose this information to the HR Office.
- Veterans Preference Documentation (if applicable):
- If you are a discharged, non-disabled veteran, you must submit a copy of your DD-214 showing character discharge (Member 4 copy), or other Documentation of Service and Separation under Honorable Conditions. If you don't have your DD-214, you may request it after discharge from the National Archives at www.archives.gov/veterans.
- If you are a veteran within 120 days of discharge, you must submit signed documentation from the Armed Forces certifying: 1) your expected release/retirement from active duty, 2) under honorable conditions, 3) your pay grade/rank/rate at time of discharge, 4) dates of active duty service, 5) any campaign or expeditionary medals received, and 6) dated within 120 days of your separation.
- If you are a disabled veteran, Purple Heart recipient, or mother or spouse of a disabled or deceased veteran, you must submit a completed SF-15 http://www.opm.gov/forms/pdf_fill/SF15.pdf and all additional proof required by the SF-15, as applicable. If you don't have your Department of Veterans Affairs letter establishing proof of disability, you may request it at http://www.ebenefits.va.gov/ or call 1-800-827-1000.
To apply for this position, see page at: https://www.usajobs.gov/GetJob/ViewDetails/557145700.
Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.