Trial Attorney HCFAC

Disability Rights and Special Litigation Sections
Attorney
Washington, DC 20530
United States
19-ATT-006
About the Office: 

The Civil Rights Division (Division) of the Department of Justice, 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).

Our office places a high value on diversity of experiences and perspectives and encourages applications from all qualified men and women from all ethnic and racial backgrounds, veterans, LGBT individuals, and persons with disabilities.
Job Description: 

DRS and SPL are each seeking one or more experienced attorneys for these positions.

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.

Qualifications: 

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.

Preferred Qualifications: 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

Salary: 
$99,172.00 to $166,500.00 Per Year
Travel: 
The position may require extended hours and significant travel.
Application Process: 

The complete Application Package must be submitted by 11:59 p.m. (Eastern Time Zone) on Friday, May 31, 2019.

To apply for this position, you must provide a complete Application Package, which includes:

1. Cover Letter

2. Résumé

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. Law School Transcripts

7. Sch A documentation, if applicable

To apply for this position, see page at:  https://www.usajobs.gov/GetJob/ViewDetails/533401700

Application Deadline: 
Friday, May 31, 2019
Relocation Expenses: 
Not Authorization
Number of Positions: 
Few Excepted Service Positions
Updated May 16, 2019

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Department Policies

Equal Employment Opportunity:  The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer.  Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, protected genetic information, pregnancy, status as a parent, or any other nonmerit-based factor.  The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.

Reasonable Accommodations:  This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency.  Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Outreach and Recruitment for Qualified Applicants with Disabilities:  The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements.  Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority.  Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.   

Suitability and Citizenship:  It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.  Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.

Veterans:  There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his  or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

 

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This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.