Through the process of writing decisions, attorney gain a deep understanding of various issues under the federal employment discrimination laws as well as the applicable EEOC policy. Attorneys have autonomy in their work while simultaneously receiving support and guidance from supervisors. There are also opportunities to be involved in special research and training projects. Honor attorneys have the option of writing scholarly legal research articles to be published in the EEOC Digest on complex issues at the forefront of federal sector employment discrimination law.
As the chief legal advisor to the Chair and Commission, OLC implements the Commission's responsibilities for coordination with other federal civil rights and equal employment opportunity programs. OLC also represents the Commission in litigation in which the Commission is a defendant and provides advice on internal administrative and operational legal issues. AELD provides legal guidance to the Commission on a variety of matters and represents the Commission in lawsuits filed against the agency by parties outside the agency.
The litigation component consists most commonly of lawsuits filed by former charging parties, whose discrimination charges were dismissed by one of the agency's field offices. Cases also arises when individuals who have sought information under FOIA are dissatisfied with the agency's responses.
The "advice" component of AELD includes a variety of things. For example, ethical questions are directed to AELD. AELD is also responsible for approving outside employment requests and travel reimbursements, and for reviewing financial disclosure forms to ensure that there no conflicts of interest exist.
Attorneys travel to the various field offices to do ethics training as mandated by the Office of Government Ethics. Finally, attorneys review updated Commission rules and regulations and work on the publication of various regulations.
For example, when the Supreme Court issues a decision on one of the above named statutes, one of the teams publishes "talking points" to explain how the Commission interprets the decision. Attorneys also review appeals from the Office of Federal Operations for legal sufficiency. The Office of General Counsel OGC is responsible for affirmative litigation in federal and state courts under four federal employment discrimination statutes. These actions typically arise in three different situations.
When an employee requests a hearing before an administrative judge, ILD attorneys become involved. The second situation arises when an EEOC employee files an appeal with the Merit Systems Protection Board MSPB or Board based on matters that are within the Board's jurisdiction, such as suspensions for 15 days or more and removals from federal service. These appeals are heard by MSPB administrative judges. The third situation occurs when unions file grievances on behalf of their bargaining unit members.
If the grievance is not solved at any one of three steps in the grievance process and the union elects to take the grievance to arbitration, attorneys defend the Agency's position in front of arbitrators who are selected from a pool associated with the Federal Mediation and Conciliation Service FMCS. Attorneys working in ILD are responsible for preparing all aspects of their cases in any of the above forums by drafting a variety of pleadings including motions to dismiss, motions for summary judgment, witness lists and expected testimony and interrogatories.
Attorneys are also expected to compile documents to be used as exhibits at hearing, prepare witnesses, participate in settlement negotiations and pre-hearing conferences, interview witnesses, conduct depositions, and manage all other aspects of the day to day flow of the case load. Attorneys spend a significant amount of time on the phone and conversing face to face with the people associated with the case.
Travel is often involved. As an attorney in the appellate section of OGC, an attorney's primary duties are evaluating cases for appeal or for participation as an amicus curiae; drafting appellate briefs; and arguing cases in the federal circuits. If the Commission chooses to appeal, the attorney is responsible for writing the brief and, if there is an oral argument, arguing the matter in court.
Approximately half of the work done in appellate is amicus work, therefore attorneys also evaluate district court cases for possible amicus participation. Attorneys also assist with the preparation of an annual update on recent developments in employment law and review Department of Justice briefs to determine whether the agency's positions taken on appeal conflict with the view of the EEOC.
EEOC's trial court litigation, almost all of which is in federal district courts, is conducted by trial attorneys assigned to field offices throughout the United States. In addition to filing and litigating employment discrimination suits, trial attorneys provide advice and other assistance to agency staff responsible for investigating and resolving administrative claims of employment discrimination filed by members of the public. Soon after a charge is filed, a charge may be identified as one that the agency may have an interest in litigating.
In such a case, a trial attorney is assigned to the charge and works with the investigator to ensure that Legal has all the information needed for litigation. For example, after investigating a charge, an investigator may think that Legal has an interest in litigation.
The trial attorney will evaluate the charge and prepare a memorandum outlining the reasons that Legal may or may not have an interest in litigating the charge. Enforcement refers some charges that have been identified as cause charges and failed conciliation to Legal for litigation preparation. A trial attorney will then write a memorandum that will go to Headquarters recommending litigation. After Headquarters approves litigation, a charge is assigned to a trial attorney who reviews the file, talks to the Charging Party, and may talk to witnesses.
The trial attorney will then write a memo to Headquarters that includes the nature of the claims EEOC intends to bring, the relevant facts, a legal analysis of the claims, and a discussion of potential defenses. Most of an attorney's time is spent on cases that are in litigation. Trial attorneys focus much of their time on discovery. The attorney's duties in this respect include: obtaining additional information from the defendant through interrogatories and document requests, identifying and interviewing class members in class cases, identifying and interviewing witnesses, and taking depositions.
Most of a trial attorney's time is spent on formal and informal discovery. Trial attorneys also argue motions and appear for status hearings. Although only a few charges that come into the office are formally assigned to a trial attorney, trial attorneys also advise investigators regarding other charges.
Investigators may want an attorney's advice about the merits of a particular charge, the language of a Letter of Determination, or conciliation. Administrative judges AJs provide the first opportunity for federal sector complainants to have their cases adjudicated by the Commission. AJs in the Washington Field Office, for example, handle dockets of approximately 75 cases and oversee all aspects of the adjudication process.
The process is comprised of several stages, and the AJ performs different functions at each stage. These include, at the outset, ruling on a variety of motions, including motions to compel discovery and motions to amend complaints. After discovery has been completed, the AJ may conclude that no material facts are in genuine dispute and issue a decision granting summary judgment.
The Honors Program gives attorneys a unique opportunity to help interpret and enforce a broad range of labor and employment laws while working in one of the largest legal offices in the federal government. The Department currently plans to hire a number of attorneys to begin the Honors Program in the Fall of The Department of Labor's mission is to promote the welfare of wage earners, job seekers, and retirees; improve working conditions; advance opportunities for profitable employment, and ensure work-related benefits and rights.
Office of the Solicitor FAQ. News Brief Bank Ethics Resources. Honors Program. Previous Next. Learn more about who we are. The Work of Honors Attorneys The Honors Program gives attorneys a unique opportunity to help interpret and enforce a broad range of labor and employment laws while working in one of the largest legal offices in the federal government.
Learn more about the program. Recruiting in Fall The Department currently plans to hire a number of attorneys to begin the Honors Program in the Fall of
0コメント