Closing Date: 30th March, 2023
The primary purpose of this position is the incumbent manages a docket of matters assigned with no preliminary instructions and serves as a principal senior trial attorney on all Military Equal Opportunity (EO) and civilian Equal Employment Opportunity matters to NGB, Office of Diversity, Equity & Inclusion.
- Manages a docket of matters assigned with no preliminary instructions and serves as a principal senior attorney in charge of the processing, review, preparation and presentation of DoD, Department of the Army (DA), Department of the Air Force (DAF), and National Guard Bureau (NGB) positions in multiple Federal administrative hearings and civil court proceedings
- Provides legal review and advice on appropriate Federal and state statutes and regulations, policy statements, court cases, and actions falling within the Administrative Law area in order to provide well-reasoned and legally sufficient advice to the client and more specifically NGB-DEI; AND Provides information and instruction to NGB-DEI, Army and Air National Guard state EO personnel and attorneys on matters involving allegations of discrimination and the National Guard military and civilian discrimination complaint processes
- Is the resident expert and attorney adviser to the NGB-DEI and the 54 NGs on the conduct of formal MEO hearings involving Title VI of the Civil Rights Act of 1964, and DoD Directive 5500.11, Nondiscrimination in Federally Assisted Programs
- A principle of nondiscrimination programs is to resolve matters, if possible, through settlement, and to that end the incumbent facilities the settlement of complaints during and prior to the administrative hearing process
- Recognizing that many military EO complaints are filed in multiple and overlapping forums, the incumbent also serves as a subject matter expert in Federal labor and employment law, and the FTCA and the National Guard Claims Act (NGCA), and has significant experience in several practice areas such as: employment law, civil rights law, labor law, administrative law, and regulatory law; litigation practice; and other state-federal constitutional issues
Conditions of Employment:
- U.S. Citizenship is required
- Males must be registered for Selective Service, see www.sss.gov.
- Centrally Funded PCS: Travel and relocation expenses will be paid in accordance with the JTR AND AFMAN 36-606
- Employee must be a graduate of a law school accredited by the American Bar Association, and be currently licensed as an attorney, in active (or equivalent) status and in good standing, with the bar of a U.S. state, territory, or commonwealth
- Employee must adhere to the Air Force Rules of Professional Conduct
- Must be able to obtain and maintain a Secret Security Clearance
- Employee may be required to work overtime
- Employee may be required to travel for temporary duty away from home station
- Employee may be required to file an Office of Government Ethics (OGE) Form 450, Confidential Financial Disclosure Report, upon appointment and annually thereafter
- Attorney appointments are subject to serve a one-year probationary period
- Candidates are not required to have active duty service or veterans preference to be referred and considered. All qualified candidates who meet the recruitment assessment criteria will be referred to the selecting official
- Superior Qualifications is considered for this position
- Prior work or active duty experience to determine leave accrual is considered for this position
- You MUST have successfully completed a full course of study in a school of law accredited by the American Bar Association (ABA) and have the first professional law degree (LLB or JD). Note: You must submit a copy of your transcripts.
- In addition, at the time of application, you must provide proof, dated within four months of application, of "active" status and in good standing with a bar of the highest court of a State, U.S. commonwealth, U.S. territory, or the District of Columbia. On-line information is allowed as long as it shows that you are in "active" status.
- In addition to meeting the Basic Requirement, applicants must meet the Specialized Experience requirements:
- SPECIALIZED EXPERIENCE : Applicant must possess professional legal experience in excess of three (3) years that is commensurate with the duties and responsibilities of the position, such as: Comprehensive knowledge of laws, regulations, policies, procedures, and administrative and judicial precedents pertaining to the EEOC administrative law practice as it relates to the National Guard, including federal civilian employment law, military technician employment law. military personnel law. the MEO program, the AGR program, and Title VI and Title VII of the Civil Rights Act of 1964.
KNOWLEDGE, SKILLS AND ABILITIES (KSAs): Your qualifications will be evaluated on the basis of your level of knowledge, skills, abilities and/or competencies in the following areas:
- Knowledge of applicable law pertaining to the specialized area of equal opportunity law, in order to provide legal advice and counsel to command and management and represent NG interests, comprehensive knowledge of laws, regulations, policies, procedures, and administrative and judicial precedents pertaining to the equal opportunity and labor law practice as it relates to the National Guard, including military personnel law, the EEO and MEO programs, the AGR program, federal civilian employment law, military technician employment law, Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act, the Americans With Disabilities Act, and the Equal Pay Act as they apply to National Guard military technicians and Title 5 federal civilian employees
- Knowledge of applicable law pertaining to the specialized area of administrative law, in order to provide legal advice and counsel to command and management and represent NG interests, comprehensive knowledge of laws, regulations, policies, procedures, and administrative and judicial precedents pertaining to the civilian and military administrative law practice as it relates to the National Guard, including accessions, promotions, discharges, release from active duty, sanctuary, retirement, disability processing, medical hold, and full-time support personnel; military pay and allowances, incapacitation pay, separation pay, retired pay, bonuses, loan repayment, and travel and transportation allowances; military benefits, entitlements, privileges, and protections such as medical care, FTCA and other claims statutes, the Service members Civil relief Act (SCRA), and the Uniformed Services Employment and Reemployment Relief Act (USERRA); military programs such as physical fitness testing, weight control, alcohol and drug abuse prevention, homosexual policy, Lautenberg Amendment, HIV, Anthrax Vaccination and Immunization Program, fraternization/improper relationships, leave, pass, domestic operations law, state agency and any federally applicable laws as well as permissive TDY policy
- Skill in recognizing, analyzing, and reviewing proposed agency settlement policies and procedures to improve those policies and procedures, ultimately reducing government liability for discrimination and improving state compliance with nondiscrimination in the workplace
- Ability to research legal issues, analyze complex factual situations in light of general legal principles and the results of research, and prepare legal opinions
- Ability to communicate effectively with a diverse group of individuals, in and outside the legal profession, both orally and in writing, in both formal and informal settings
- Ability to develop, implement, and actively participate in training for EO professionals, and National Guard attorneys in the field practicing employment law.
- At the time of application, you must provide proof, dated within four months of application, of "active" status and in good standing with a bar of the highest court of a State, US commonwealth, US territory, or the District of Columbia. On-line information is allowed as long as it shows that you are in "active" status and dated within four months of application.
PART-TIME OR UNPAID EXPERIENCE: Credit will be given for appropriate unpaid and or part-time work. You must clearly identify the duties and responsibilities in each position held and the total number of hours per week.
VOLUNTEER WORK EXPERIENCE: Refers to paid and unpaid experience, including volunteer work done through National Service Programs (i.e., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community; student and social). Volunteer work helps build critical competencies, knowledge and skills that can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience.
Must be a graduate of a law school accredited by the American Bar Association, and be currently licensed as an attorney, in active (or equivalent) status and in good standing, with the bar of a U.S. state, territory, or commonwealth. The attorney must maintain such bar membership in at least one jurisdiction during the entire course of employment with the Air Force.
Employed Annuitants (Reemployed Annuitants): Applicants in receipt of an annuity based on civilian employment in the Federal Service are subject to the DoD Policy on The Employment of Annuitants. Click here for more information.
Writing Example: Prior to receiving an offer, you will be asked to provide a writing sample demonstrating your legal analytical skills.
120-Day Register: This announcement may result in a 120-day register that may be used to fill like vacancies for 120 days after the closing date. Applicants may be referred for consideration as vacancies occur.
Direct Deposit: All federal employees are required to have direct deposit.
Incentives: Recruitment and/or retention incentives may or may not be used.
If you are unable to apply online, view the following link for information regarding Alternate Application. The Vacancy ID is 11890067
To ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation, the Federal Government will take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Therefore, to the extent a Federal job announcement includes the requirement that applicants must be fully vaccinated against COVID-19 pursuant to Executive Order 14043, that requirement does not currently apply. Federal agencies may request information regarding the vaccination status of selected applicants for the purposes of implementing other workplace safety protocols, such as protocols related to masking, physical distancing, testing, travel, and restriction from the workplace.
If you have questions regarding this announcement and have hearing or speech difficulties click here.
Tax Law Impact for PCS: On 22-Dec-2017, Public Law 115-97 - the "Tax Cuts and Jobs Act of 2017" suspended qualified moving expense deductions along with the exclusion for employer reimbursements and payments of moving expenses effective 01-Jan-2018 for tax years 2018 through 2025. When you perform a Civilian Permanent Change of Station (PCS) with the government, the Internal Revenue Service (IRS) considers the majority of your entitlements to be taxable. Visit GSA Bulletin FTR 20-04 here for additional information.
How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Your application package (resume, supporting documents, and responses to the questionnaire) will be used to determine your eligibility, qualifications, and quality ranking for this position. Please follow all instructions carefully. Errors or omissions may affect your rating or consideration for employment.
The resume/documents you submit must support your responses to the online questionnaire. If your application contradicts or does not support your questionnaire responses, you will receive a rating of "not qualified" or "insufficient information" and you will not receive further consideration for this job.
Applications who disqualify themselves will not be evaluated further.
The following documents are required and must be provided with your application. Applicants who do not submit required documentation to determine eligibility and qualifications will be eliminated from consideration. Other documents may be required based on the eligibility/eligibilities you are claiming. Click here to view the AF Civilian Employment Eligibility Guide and the required documents you must submit to substantiate the eligibilities you are claiming.
Online Application: Questionnaire
- Resume: For qualification determinations your resume must contain hours worked per week (if part-time) and dates of employment (i.e., month/year to month/year or month/year to present). If your resume does not contain this information, your application may be marked as insufficient and you will not receive consideration for this position. If you are a current Federal employee or previous Federal employee, provide your pay plan, series and grade, i.e. GS-0301-09. Current Federal Civilian Employees should list any relevant performance related rating (given within the last three years) and/or incentive awards in your resume. Do NOT include photographs (or links to social media such as LinkedIn), inappropriate material, inappropriate content, nor personal information such as age, gender, religion, social security number, etc., on your resume.
- License: At the time of application, you must provide proof, dated within four months of application, of "active" status with a bar of the highest court of a State, U.S. commonwealth, U.S. territory, or the District of Columbia. On-line information is allowed as long as it shows that you are in "active" status.
- ACTIVE DUTY SERVICE MEMBERS: The VOW Act requires federal agencies to treat an eligible active duty service member as a veteran, disabled veteran, and preference eligible (as applicable) when applying for civil service positions before the effective release or discharge date. Appointment of military members before the release or discharge date is permissible if the member is on terminal leave. At the time the active duty member applies for a civil position, he or she must submit a "certification" memo in lieu of a DD-Form 214, Certificate of Release or Discharge from Active Duty. The certification memo must originate from the member's military service branch on official letterhead and contain the following:
- Name/Rank/Grade of Service Member
- Branch of Armed Forces
- Dates of Active Service (Start and End Date(s)
- Expected Date of Discharge/Release from Active Duty
- Terminal leave start date (if applicable)
- Expected character of service/discharge (honorable/general) and type of separation (i.e. separation or retirement)
- Must be certified within 120 days of anticipated discharge
- Signature by, or by direction of the adjutant, personnel office, unit commander, or higher headquarters commander
- NOTE: The VOW Act provides tentative preference. If appointed, a DD Form-214 must be submitted upon receipt.
NOTICE OF VETERANS' PREFERENCE:
There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Defense considers veterans' preference eligibility a positive factor for attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation to their submissions.
Although the point-preference system is not used, applicants eligible to claim Veterans Preference must submit VOW certification memo or copy of the official DD Form 214, which must include the character of service, and a Standard Form (SF) 15, "Application for 10-Point Veteran Preference," and supporting documentation required for the specific type of preference claimed. (SF 15, which lists the types of 10-point preference and the required supporting documents, is available from the Office of Personnel Management Website at www.opm.gov.)
NOTE: Applicants for attorney appointments do not require veterans' preference in order to be eligible for consideration.
If you are relying on your education to meet qualification requirements:
- Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
How to Apply:
The complete Application Package must be submitted by 11:59 PM (ET) on 03/30/2023
To preview the Application Questionnaire, please click the following link: https://apply.usastaffing.gov/ViewQuestionnaire/11890067
To begin the process, click the Apply Online button to create an account or log in to your existing USAJOBS account. Follow the prompts to complete the application questionnaire. Please ensure you click the Submit My Application button at the end of the process.
To apply for this position, you must provide a complete Application Package which includes:
1. Your Resume (your latest resume will be used to determine your qualifications). If you submit more than one copy of your resume, only the most recent (latest) version will be reviewed. The latest timestamp will be used to determine which version of your resume is "most recent."
It is your responsibility to check the status and timestamp of all documents you submit as part of your application.
- If your resume includes a photograph or other inappropriate material or content, you will not be considered for this vacancy.
- For qualification determinations your resume must contain hours worked per week (if part-time) and dates of employment (i.e., hours per week and month/year to month/year or month/year to present). If your resume does not contain this information, your application may be marked as insufficient and you will not receive consideration for this position.
- Ensure your resume contains your full name.
- 2. A complete Application Questionnaire
3. Additional Required Documents (see Required Documents section). Ensure all submitted documents contain your full name.
4. Optional Documents: Performance Appraisals for Current Federal Civilian Employees - Most recent performance appraisals (dated within last 3 years) showing the official rating of record, signed by a supervisor, or statement why the performance appraisal is unavailable.
PLEASE NOTE: It is the applicant's responsibility to verify that information entered and/or uploaded, (i.e., resume) is received, accurate, and submitted by the closing date. You may verify your documents have been processed with your application package successfully. You can access your USAJOBS account to do so by clicking here. Uploaded documents may take up to one hour to clear the virus scan.
Human Resources WILL NOT modify or change any answers submitted by an applicant.
Kindly refer to the following link for a detailed description of the job - https://www.usajobs.gov/job/713419000