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Trial Attorney (Special Litigation Counsel)

Department of Justice
Offices, Boards and Divisions
Civil Rights Division, Disability Rights Section
This job announcement has closed

Summary

Are you interested in a rewarding and challenging opportunity? Join the U.S. Department of Justice!

The Disability Rights Section is seeking an experienced attorney for the position of Trial Attorney (Special Litigation Counsel).

Overview

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Reviewing applications
Open & closing dates
03/11/2024 to 04/01/2024
Salary
$163,964 to - $191,900 per year
Pay scale & grade
GS 15
Location
1 vacancy in the following location:
Washington, DC
Remote job
No
Telework eligible
Yes—as determined by the agency policy.
Travel Required
25% or less - You may be expected to travel for this position.
Relocation expenses reimbursed
No
Appointment type
Permanent
Work schedule
Full-time
Service
Excepted
Promotion potential
None
Job family (Series)
Supervisory status
No
Security clearance
Other
Drug test
Yes
Position sensitivity and risk
High Risk (HR)
Trust determination process
Announcement number
24-CMS-DRS-007 (ATT)
Control number
780772000

Duties

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The Special Litigation Counsel (SLC), under the Supervision of the Chief, will assist the Section's management team and be responsible for reviewing all aspects of the Section's enforcement, regulatory, and coordination work under the Americans with Disabilities Act, Section 504, and other statutes designated to the Section, as it relates to the Section's work pursuant to the Health Care Fraud and Abuse Control ("HCFAC") Program. Specifically, the SLC will provide advice and assistance 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.

The SLC will provide advice and assistance to the Section's managers and attorneys, including, but not limited to, Deputy Chiefs, Trial Attorneys, and Attorney Advisors. The SLC will work directly, as needed, with attorneys to provide appropriate guidance and review in all facets of their work, including but not limited to, investigations, legal analysis, writing, litigation, negotiations, and necessary legal strategy. The SLC will participate in the Section's enforcement and regulatory strategy decisions related to the HCFAC program, including developing guidance and policies, and reviewing and developing legislation, policy, and testimony, as needed. The SLC will also serve as the Section's primary liaison with the Division's Appellate Section with respect to matters that implicate or involve the HCFAC Program, consulting on briefs and memoranda handled by that Section and the Solicitor General's Office. The SLC will review relevant Section work product, including, but not limited to, legal memoranda, complaints, briefs, Statements of Interest, guidance, and technical assistance materials, to ensure compliance with the relevant laws, Division, and Department standards and to ensure that the Section's HCFAC Program takes consistent and well-supported legal positions in all aspects of its enforcement, regulatory, and coordination work. The incumbent may also serve as the lead attorney or reviewer assigned to certain significant cases. The SLC will monitor developments in the areas of disability law and other relevant federal law and procedural issues related to the work of the Section's HCFAC program, and keep the Section informed of significant issues and developments.

The SLC will also engage in outreach to relevant stakeholders (including representing the Section in meetings with other federal agencies and at disability-related conferences and convenings.) The SLC will be expected to handle other special assignments to be made by the Chief to assist in the operation of the Section.

Requirements

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Conditions of employment

  • Must be a U.S. Citizen or National
  • All male applicants born after 12/31/1959 must have registered for the selective service. If selected, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law.
  • You may be required to complete a one- or two-year probationary period.
  • You may be required to complete a pre-employment security screening to initiate your background investigation, which includes a drug screening. Continued employment is contingent upon successful completion and adjudication of your investigation.
  • You must have a J.D. degree from a law school accredited by the American Bar Association and be a member in good standing of the bar of a state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
  • DOJ uses E-Verify, an internet-based system, to confirm the eligibility of all newly hired employees to work in the United States. Learn more about E-Verify, including your rights and responsibilities, by visiting www.e-verify.gov/.
  • You must meet all qualification requirements by the closing date of this announcement.

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 a minimum of seven (7) years of post-professional law degree experience. Applicants also must have strong, demonstrated qualifications in the following areas: academic achievement; substantive knowledge and expertise in the laws, rules, and regulations applicable to the work of the section or substantially similar laws, rules, and regulations; 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. Extensive knowledge of the Americans with Disabilities Act, the ADA Amendments Act of 2008, Section 504 of the Rehabilitation Act of 1973, the Genetic Information Nondiscrimination Act, the ADA Standards for Accessible Design, and the Administrative Procedure Act is also expected. In addition, applicants must have the ability to motivate and engage employees; the skill to build relationships that create trust, open dialogue, and full transparency; the assertiveness to drive outcomes and overcome adversity; the capacity to create a culture of clear accountability; and the integrity to make decisions based solely on merit applicants must have outstanding professional references; a demonstrated ability to effectively supervise all aspects of difficult cases and materials; the ability to delegate responsibility to staff; a demonstrated ability to handle several difficult or complex cases or matters at the same time; a demonstrated ability to manage a significant docket and ensure that applicable deadlines are met; demonstrated mentoring skills; and outstanding legal strategy and negotiation skills.

Preferred Qualifications:

Given the nature and volume of this work, the Section generally seeks candidates with significant experience in disability rights legal work and a demonstrated commitment to public service. The Section also seeks candidates who possess skills that will allow them to coordinate effectively with other components in the Division, throughout the federal government, and to other stakeholders. Judicial clerkships (especially in federal court), moot court, clinical experience, and skill and experience working cooperatively and productively with a range of people, including individuals from disadvantaged or disenfranchised groups, judicial or administrative officials, opposing counsel, advocacy groups, law enforcement personnel, and the staff of other federal or state governmental agencies, are also preferred.

Education

You must possess a J.D.

Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html.

All documentation must be in English or include an English translation.

Additional information

Equal Employment Opportunity: The DOJ is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination because of race, color, religion, national origin, sex - including gender identity, sexual orientation, or pregnancy status - or because of age (over 40), physical or mental disability, protected genetic information, parental status, marital status, political affiliation, or any other non-merit 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.

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.

The Division's telework policy requires employees to be in the office at least four (4) days per pay period, or as required by the Division's policy.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

You will be evaluated for this job based on how well you meet the qualifications above.

Applicants will be evaluated based on interview performance, the qualifications set forth above, and other job-related skills, experience and qualifications consistent with merit system principles applicable to hiring for career positions with the Department of Justice.

Evaluation Method: Once your complete application package is received, it will be reviewed by a Human Resources Specialist to ensure you meet all job requirements. A hiring committee will review all qualified applicants and make recommendations for invitation to interview. You will be notified if selected for an interview.

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 their retirement was due to a permanent service-connected disability or that they were 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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