Summary This vacancy is for an Equal Employment Specialist (Adjudicator) in the Office of the Secretary within the Department of Commerce. Responsibilities As an Equal Employment Specialist (Adjudicator), you will perform the following duties: Reviews filed formal EEO complaints to determine whether the Department is required by law to investigate the basis(es) and claim(s) raised in formal EEO complaints. Ensures basis(es) and claim(s), as outlined in complaint, are clearly and correctly stated in notices of acceptance, notices of partial acceptance, or procedural Final Agency Decisions. Decisions regarding acceptance are based upon a clear analysis of all pertinent evidence and are factually correct and legally defensible. Arranges for and conducts interviews with complainants, Department officials, and other public and private sector witnesses. Obtains sworn or affirmed testimony in the form of affidavits, answers to interrogatories, or oral testimony needed by a court reporter. Identifies appropriate Department records and obtains documentary evidence. Develops and reports evidence in Reports of Investigation, which will be used by the Department as the record upon which Final Agency Decisions and appellate decisions of the Equal Employment Opportunity Commission, Merit Systems Protection Board, and Federal courts will be based. Investigations routinely require analysis and interpretation of personnel and administrative policies Conducts legal research and analysis on particularly complex cases or on novel legal issues, using both traditional and electronic research methods. Research may include administrative law and non-EEO areas of law. Decisions require determining relevant information pertaining to the case; determining the applicable law and regulations; comparing the facts to the general principles and theories of discrimination and regulations; summarizing information; and determining the agency position. Drafts and/or assists with drafting legally sustainable, comprehensive merit Final Agency Decisions that are written in a manner that clearly and succinctly addresses all bases, claims, and findings. Decisions require determining relevant information pertaining to the case; determining the applicable law and regulations; comparing the facts to the general principles and theories of discrimination and regulations; summarizing information; and determining the agency position. This Job Opportunity Announcement may be used to fill other Equal Employment Specialist (Adjudicator) GS-0260-13, FPL 13 positions within the Department of Commerce in the same geographical location or local commuting area with the same qualifications and specialized experience. This position is also advertised under OS-OCR-ST-26-13043687, which is open to Merit Promotion eligible applicants. You must apply to both announcements if you want to be considered for both. Requirements Conditions of Employment You must be a U.S. citizen to apply for this position. You must successfully pass a background investigation. This may include a credit check, a review of financial issues, as well as certain criminal offenses and illegal use or possession of drugs. A probationary period may be required. Selective Service: Males born after 12/31/59 must be registered or exempt from Selective Service (see https://www.sss.gov/). If you receive a conditional offer of employment for this position, you will be required to complete an Optional Form 306, Declaration for Federal Employment, and to sign and certify the accuracy of all information in your application. All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing. Bargaining Unit Position: NO Confidential Financial Disclosure Report (OGE form 450): NO Permanent Change of Duty Station (PCS) Expense: WILL NOT be paid License required: NO incumbent is required to operate a motor vehicle and must possess a current active state issued Driver's license. Qualifications Qualification requirements in the vacancy announcements are based on the U.S. Office of Personnel Management (OPM) Qualification Standards Handbook, which contains federal qualification standards. This handbook is available on the Office of Personnel Management's website located at: https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/#url=Occupational-Series Applicants must possess one year of specialized experience equivalent in difficulty and responsibility to the next lower grade level in the Federal Service. Specialized experience is experience that has equipped the applicant with the particular competencies/knowledge, skills and abilities to successfully perform the duties of the position. This experience need not have been in the federal government. Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations e.g., professional; philanthropic, religious; spiritual; community, student, social). Volunteer work helps build critical competencies; knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience. To qualify at the GS-13 level: SPECIALIZED EXPERIENCE: You must possess one full year (52 weeks) of specialized experience equivalent to the GS-12 level in the Federal service. Specialized experience is defined as: Independently reviewing, analyzing, and documenting determinations in formal EEO complaints, applying expert knowledge of Federal EEO statutes, regulations, EEOC Management Directive 110 (MD-110), and EEOC case precedent to determine whether allegations should be accepted or dismissed in whole or in part; resolving complex procedural and jurisdictional issues; identifying relevant facts, issues, and evidence; and determining the applicable legal and regulatory requirements governing the processing of the complaint. Independently conducting legal research and analysis of complex EEO cases and novel legal issues, using traditional and electronic research methods; evaluating investigative records and evidentiary material; interpreting and applying applicable statutes, regulations, MD-110, and EEOC precedent; weighing the evidence; comparing the facts to established legal principles and theories of employment discrimination; and determining whether discrimination has been established and the Agency's appropriate legal and factual position on the merits. Independently drafting comprehensive and legally sufficient procedural and merit Final Agency Decisions, clearly addressing all accepted bases and claims, accurately applying applicable legal standards, and providing well-supported findings of fact, conclusions, and rationale based on the evidentiary record. Education There is no positive education requirement for this position. Additional Information The following links provide information on various hiring authorities that do not fall under competitive examining procedures; however, they may enable you to apply through merit assignment procedures, or be eligible for a non-competitive appointment. Career Transition Assistance Plan (CTAP) Interagency Career Transition Assistance Plan (ICTAP) Military Spouse Non-Competitive Hiring Authority ICTAP and CTAP Eligibles: CTAP and ICTAP candidates will be eligible if it is determined that they have exceeded the minimum qualifications for the position by attaining at least a rating of 85 out of 100. Information about ICTAP eligibility is on the Office of Personnel Management's Career Transition Resources website at: Employee Guide to Career Transition Military Spouse The spouse of a member of the armed forces seeking eligibility under the non-competitive hiring authority of certain military spouse MUST submit various required documentation by the closing date of the announcement in accordance with one of the three below eligibilities: 1.) Spouse of a member of the armed forces serving on active duty, 2.) Spouse of service member who incurred a 100% disability, or 3.) Un-remarried widow or widower of a service member killed while performing active duty. Please review the "Required Documents" Section for specific documents pertaining to each of the above eligibilities that MUST be included with your application, if you are applying as a Military Spouse. Current or Former Political Appointees: The Office of Personnel Management (OPM) must authorize employment offers made to current or former political appointees. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C, Non-career SES, or Presidential Appointee employee in the Executive Branch, you must disclose this information to the Human Resources Office. Reasonable Accommodations (RA) Requests: If you believe you have a disability (i.e., physical or mental), covered by the Rehabilitation Act of 1973 as amended that would interfere with completing the USA Hire Competency Based Assessments, you will be granted the opportunity to request a RA in your online application. Requests for RA for the USA Hire Competency Based Assessments and appropriate supporting documentation for RA must be received prior to starting the USA Hire Competency Based Assessments. Decisions on requests for RA are made on a case-by-case basis. If you meet the minimum qualifications of the position, after notification of the adjudication of your request, you will receive an email invitation to complete the USA Hire Competency Based Assessments. You must complete all assessments within 48 hours of receiving the URL to access the USA Hire Competency Based Assessments, if you received the link after the close of the announcement. To determine if you need a RA, please review the Procedures for Requesting a Reasonable Accommodation for Online Assessments.
