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 Special Litigation Section also enforces the Civil Rights of Institutionalized Persons Act to ensure safe and adequate treatment for people with disabilities in facilities run by state and local governments.
As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.
The attorneys selected will be dedicated to the selecting Section's work pursuant to the Health Care Fraud and Abuse Control ("HCFAC") Program, which seeks 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) engaging in Olmstead policy coordination with other federal agencies; and (5) 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, reviewing federal agencies' policies impacting Olmstead enforcement, 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.
Applicants must possess a J.D., or equivalent degree, 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.
The following demonstrated qualifications are preferred but not required: 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 complete Application Package must be submitted by 11:59 p.m. (Eastern Time Zone) on Tuesday, March 14, 2023.
To apply for this position, you must provide a complete Application Package, which includes:
1. Cover Letter
3. A complete Occupational Questionnaire
4. Writing sample of no more than ten pages (a brief or comparable analytic legal exposition that is your work product)
5. Veterans' Preference Documentation, if applicable
6. Sch A documentation, if applicable
To apply for this position, see page at https://www.usajobs.gov/job/706386500
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.