About the Agency
You will have the responsibility for participating on a civil rights compliance and enforcement team that supports the mission of the Department of Education and the Office for Civil Rights' (OCR) Strategic Plan. This position is located in a regional civil rights office. OCR operates under the jurisdiction of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title II of the Americans with Disabilities Act of 1990, and their implementing regulations.
As a General Attorney, you will participate in all aspects of complaint investigations including on-site investigations, including analyzing factual issues, collecting data, interviewing all witnesses and others who may have bearing on a case. Serves as a legal and policy advisor to team members on complex factual and legal issues related to the investigation, negotiation, resolution of complaints and compliance reviews and the acceptance and monitoring of corrective action agreements. Assists in the conduct of enforcement actions through judicial or administrative litigation. Conducts legal research and analysis of state statutes and state agency regulations, policies and guidelines where conflicts may exist between State and Federal law. Develops and recommends alternative approaches, amendatory language or new provisions for the implementation of state statues, state agency regulations, policies and guidelines to resolve potential or actual conflicts with laws and regulations which OCR enforces. Represents the Department and OCR in negotiating cases. Prepares or assists in the preparation of legal determinations of OCR's jurisdictions over cases. In reviewing cases prior to findings of noncompliance and in recommending cases for enforcement action, works with applicable statutes, regulations and case law; makes initial assessment of the legal sufficiency of a case; determines the validity of any alleged violations; and ensures consistency with established legal standards, policies, and procedures. Develops investigative reports, complaint resolution letters and negotiated settlements. Analyzes strengths and weaknesses of proposed findings based on the evidence gathered, legal research, applicable legal statutes, regulations and guidelines to determine whether the compliance determination is legally supportable. Where compliance is sought through a referral to the Department of Justice for the initiation of court litigation, participates in the development of the Agency's legal position, formulates supporting legal theories, prepares evidentiary materials and witnesses. Studies and reviews the regulations, policies and procedures of the Equal Employment Opportunity Commission and other Federal civil rights enforcement agencies to gain the necessary background knowledge. Assists the attorney in charge with the development of technical assistance materials and reviews such materials to ensure conformity with established legal and policy standards. Conducts legal research and advises on complex issues arising from request for information under the Freedom of Information Act and the Privacy Act.