The petitioner, Vincent Staub, a member of the Army Reserves, was a hospital technician at Proctor Hospital for fourteen years until his dismissal in 2004, which he argues was motivated by discrimination based on his military status.  Multiple supervising officials were hostile towards Staub for his involvement in the military and although the Court of Appeals for the Seventh Circuit acknowledged that “there can be little dispute that… [Staub’s supervisor] didn’t like Staub, and that part of this animus flowed from his membership in the military,” the Court refused to recognize the animosity of nondecisionmakers, such as Staub’s supervisor, without a showing of “singular influence” over the ultimate decisionmaker, a different official who was responsible at the last stage for handing Staub his pink slip.

While singular influence could include concealing or fabricating relevant information given to the person who ultimately makes the decision to dismiss an employee, the Court stated that it would not matter if the information came from a potentially biased source as long as the decisionmaker appeared to conduct her own independent investigation.

By focusing on the ultimate decisionmaker, standards such as the one applied by the Court in Staub effectively legalize unlawful action in all phases of the decision-making process except the last stage.  The amicus brief argues that a “motivating factor” standard should be applied in cases like these, similar to what is used in other cases involving protection against discrimination, like Title VII of the Civil Rights Act of 1964.

Just as Title VII protects against discrimination on the basis of race, sex, religion, national origin, or ethnicity, the Uniformed Services Employment and Reemployment Rights Act (USERRA) at issue in this case protects against discrimination on the basis of military status.  Recognizing employer liability for adverse employment actions motivated by unlawful animus on the part of supervisors is important to prevent discrimination that may be occurring behind-the-scenes.  To fully carry out the purposes of USERRA and Title VII, the whole employment process should be free from bias.

The law firm Fried, Frank, Harris, Shriver & Jacobson LLP and the Civil Rights Appellate Clinic at Pennsylvania State University Dickinson School of Law provided pro bono assistance.

The Director of Law and Public Policy is a member of the management team of EJS and participates in the overall management and development of the organization. The Director reports to the President of EJS.

EJS is a national strategy group driven by a vision of a society where race is no longer a barrier to opportunity. Our mission is to heighten consciousness on race in the law and popular discourse. Grounded by an agenda that seeks progressive legal reform, we engage a three-pronged strategy that incorporates communications, law and policy, and fostering a “grand alliance” among our progressive allies.

Our legal strategy aims to broaden conceptions of present-day discrimination using cognitive science, structural analysis, and real-life experience. We provide attorneys with tools to challenge the flawed assumptions underlying current anti-discrimination doctrine.

The Director of Law and Public Policy is responsible for managing and directing the implementation of multiple programmatic responsibilities in pursuit of the organization’s goals and strategies. The Director will be expected to:

* Supervise and prepare legal activity, including appellate briefs, amicus curiae, and, eventually, impact litigation involving issues of critical importance to EJS’s mission;

* Direct research by EJS staff, consultants and outside academics and social scientists on various legal and social justice issues;

* Plan and prepare law related conferences that bring together legal scholars, practitioners, law students, social scientists, journalists and other concerned activists to stimulate analysis and progressive reform of key areas of the law, with a particular emphasis on civil rights and social justice;

* Direct outreach to law schools, students and faculty to engage in research, public policy initiatives and legal action and supervising legal and/or research interns.

The Director of Law and Public Policy should have at least five (5) years of academic and/or legal experience, particularly in the area of civil rights, critical race theory, and/or the use of social science and the law. The ability to engage legal scholars, practitioners and grassroots activists is essential to successful performance. The Director will supervise a full-time staff attorney and a fellow, additional legal staff as the organization grows, occasional interns and help coordinate and direct other program staff.

The position is an exempt, professional and management position. The Director is expected to be a senior, experienced manager. A demonstrated record of working in coalition with other organizations is required.

Interested candidates should send a résumé and letter of interest on or after July 1* and sent no later than July 15, 2009, to info@equaljusticesociety.org and sent via postal mail (postmarked by July 15) to:

Search Committee
Equal Justice Society
260 California Street, Suite 700
San Francisco, CA 94111

* We ask that applications be sent on or after July 1 due to our office move taking place June 26-30.