Position Description
August 24, 2024

PD_DOJ_Special-Counsel-for-Immigration-Related-Unfair-Employment-Practices

Position Description

Special Counsel for Immigration-Related Unfair Employment Practices, Department of justice

Overview

Senate Committee

Judiciary

Agency Mission

To enforce the law and defend the interests of the United States according to the law, ensure public safety against foreign and domestic threats, provide federal leadership in preventing and controlling crime, seek just punishment for those guilty of unlawful behavior, and ensure fair and impartial administration of justice for all Americans.

Position Overview

The special counsel for immigration-related unfair employment practices is responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act (8 U.S.C. 1324b), which protect U.S. citizens and certain work-authorized individuals from employment discrimination based on citizenship or immigration status.

Compensation

The special counsel for immigration-related unfair employment practices is on the Senior Level (SL) pay plan.1 Plum book

Position Reports to

Deputy Assistant Attorney General of the Civil Rights Division2 https://www.justice.gov/jmd/functions-manual-civil-rights-division-org-chart

Responsibilities

Management Scope

The special counsel manages a deputy, a special policy counsel and two special litigation counsel.3 https://lo.bvdep.com/OrgChart.asp?curp=1&LDIBookId=19&LDISectio
Id=180&LDIOrgId=153516

Primary Responsibilities

® Enforces the anti-discrimination provisions of the Immigration and Nationality Act (8 U.S.C. 1324b), which protect U.S. citizens and certain work-authorized individuals from employment discrimination based on citizenship or immigration status
® Works to protect all work-authorized individuals from discrimination based on national origin, unfair documentary practices relating to the employment eligibility verification process and retaliation
® Manages and leads efforts on cases involving alleged actions of discrimination and, in some instances, may initiate independent investigations based on information developed during individual charge investigations or based on leads provided by other government agencies and the general public
® Independent investigations normally involve alleged discriminatory policies that potentially affect many employees or applications
® Investigations may result in complaints alleging a pattern or practice of discriminatory action
® Conducts an outreach and education program aimed at educating employers, potential victims of discrimination and the general public about their rights and responsibilities
® Awards grants annually to organizations across the country to conduct local public education campaigns
® Participates in public education and outreach activities
® Makes presentations on employee and employer rights and obligations at conferences, seminars and meetings held by interested groups
® Conducts a national public awareness campaign that includes wide distribution of educational materials and, sometimes, public service announcements
® Operates employer and employee hot lines to address questions and resolve problems quickly
® Develops and works to partner with the Equal Employment Opportunity Commission by participating in workshops for employers throughout the United States to increase understanding of employer sanctions and protections against discrimination4 OPM

Strategic Goals and Priorities

[Depends on the policy priorities of the administration]

Requirements and Competencies

Requirements

® Subject matter expertise
® Previous government experience (helpful)

Competencies

® Strong communication and interpersonal skills
® Ability to handle sensitive matters
® Ability to work in a matrixed environment
® Ability to work across party lines

Past Appointees

Patrick P. Shen (2007 to 2009): Policy and Planning Director, U.S. Immigration and Customs Enforcement, Department of Homeland Security; Chief Immigration Counsel, Senate Judiciary Committee; Immigration Litigator, Department of Justice5 https://www.fragomen.com/people/patrick-shen/about
William Sanchez (2004 to 2007): Senior Partner, William J. Sanchez, P.A.; Senior Partner, Sanchez and Lopez, P.A.; Staff Attorney, Haitian Refugee Center6 https://www.justice.gov/archive/opa/pr/2005/January/05_crt_004.htm
Juan Carlos Benitez (2001 to 2004): Of Counsel to Long Aldridge and Norman; Legislative Director, Office of the Governor of Puerto Rice; Representative for the Governor of Puerto Rico7 https://gop.com/leaders/executive-director-juan-benitez-gu
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