Student Post: Drug Enforcement Administration, Office of Chief Counsel

By Dustin Robinson

I spent this past summer as an intern with the Drug Enforcement Administration’s Office of Chief Counsel. Surprisingly enough, I did very little, if any, work with drug issues: I was their civil litigation intern. In effect, my section functioned as the DEA’s lawyer in suits filed by both outside parties and DEA employees against the agency. For the most part, this resulted in Federal Tort Claims Act cases and employment discrimination cases (heavier on the latter, really). It was interesting to engage in what I and likely other law students infrequently consider: defense of a government agency.

The summer was essentially a crash course in employment law. As one who knew next to nothing about the area beforehand, I appreciated the willingness of the other attorneys to offer support and guidance. The employment context presented a particular conundrum of sorts: I wondered, as an EJF recipient, how it was that I was advancing social justice. I’d bet good money that a lot more EJF funding around the country goes to students working on behalf of plaintiffs in employment discrimination cases than to those who were in my position. The conclusion I reached, however, was that the integrity of employment law, the vitality of Title VII, and the legitimacy of the EEOC all turn on an effective balancing of the interests. Employment discrimination suits? Not always legitimate. The governmental workplace, in particular, makes it so incredibly easy for an employee to engage in EEO action that it becomes almost a matter of course anytime the slightest disciplinary action is taken against an employee (let alone the near impossibility of actually firing, or, in governmental parlance, “removing” someone). The inherent frivolity of a number of these suits would weaken public and institutional support for the viability of a legitimate discrimination suit.

All that being said, I was pleased to learn how vigilant governmental attorneys working for an agency’s defense are. There was no hesitation to settle a claim that seemed legitimate, there was a constant probing of the facts, there was a true loyalty to the DEA but also to the law. Having the opportunity to review documents with practicing attorneys, attend depositions with them, compose motions for summary judgment with them, was truly fulfilling. It’s often said, but never understood till experienced: you don’t appreciate your first year of law school until you actually take it into practice the following summer.

And, not to be left out, there were perks: a trip to the Supreme Court on a day that decisions were handed down, multiple field trips to the DEA training facilities at Quantico, and numerous workshops geared toward the interns. All in all, a worthwhile experience and glimpse into the inner legal workings of the federal government.

Equal Employment Opportunity Commission

Becca Richardson is spending her summer working for the Equal Employment Opportunity Commission:

Maybe I was just over-inundated during training, but it’s hard for me to explain my place in the EEOC without explaining a bit about the structure of the EEO process. As a caveat, I work in the Office of Federal Operations, which means I deal only with discrimination alleged against the federal government. The EEOC also deals with discrimination claims made against private entities, but I’m assuming that process works differently.

There are several statutes that prohibit employment discrimination: Title VII, which prohibits discrimination on the basis of race, sex, national origin, color, religion or pregnancy; the Equal Pay Act, which prohibits pay discrimination on the basis of sex; the Americans with Disabilities Act (or the Rehab Act when charging the Federal Government with discrimination) which prohibits discrimination on the basis of disability; and the Age Discrimination in Employment Act, which, you guessed it, prohibits discrimination on the basis of age (as long as the discriminated person is 40 or over). If a person thinks she has been discriminated against, she may contact an EEO Counselor. The Counselor takes a report and may suggest some form of ADR, and then advises the individual of her right to file an official complaint. If she files a complaint, the complaint is investigated. If either the agency or the individual requests a hearing, the case may go before an EEOC Administrative Judge. The judge makes a finding and issues a decision. The agency then issues a final decision either implementing or appealing the judge’s decision. The individual who alleged discrimination can then appeal the agency’s final decision.

As a member of the Office of Federal Operation’s Appellate Review Program, I handle appeals from both agencies and individuals. Our office gets roughly a bajillion appeals every year*, and so our superiors put us to work right away on writing appeals. I was a little overwhelmed by my responsibility to begin with. However, we each work very closely with an experienced mentor attorney, and they are always there to step in when we confuse the applicable standard of review, or misapply a statute, or make other rookie mistakes. They are also excellent sounding boards, and my mentor attorney has been very helpful in helping me through every step of a more difficult decision I was assigned.

Overall, I have really enjoyed my summer with the EEOC. Everyone is very helpful and kind. The attorneys here are infinite sources of knowledge, and are very friendly - the entire office took my fellow interns and me out to a happy hour our first week here. I’ve had the opportunity to complete substantive work and have received a lot of feedback, which is (hopefully) enabling me to become a better writer and lawyer in general.


* I am clearly making this number up but just be informed that the number of appeals we receive is overwhelming. If that doesn’t satisfy you, I’m sure the EEOC website has some sort of information for you.

National Women's Law Center

EJF Vice-President Anya Prince discusses her summer at the National Women's Law Center:

Currently, women make 77 cents to every man's dollar. Public interest law students make, on average, 0 cents to every law firm summer associate dollar. Thanks to the stipend provided by Georgetown's Equal Justice Foundation, this summer I am able to work towards pay equality for women while actually being paid for my summer, public interest work.



This summer I am working at the National Women's Law Center in the Employment and Education team. This opportunity has provided my with many chances to work for women's equality both in the workplace and in schools. For example, this week I was able to attend an exciting rally to raise awareness of the need to pass equal pay legislation in the Senate. At the rally I was fortunate to hear great women leaders of our time, Senator Barbara Mikulski, Speaker Nancy Pelosi, Senator Hillary Rodham Clinton, and Lily Ledbetter, speak about women's pay equity and their fight to get equal pay legislation through Congress.

Throughout the summer I have also been able to work on a variety of projects ranging from doing research on an appeal of a Title IX, athletic discrimination case to working towards ensuring that pregnant students are not discriminated against in their high school and college educations to writing posts for the NWLC Women'stake blog. I have really enjoyed working in the Washington realm of the mixture between law and policy. I have learned a great deal about how legal advocacy can be paired with policy work to affect meaningful change. Additionally, I have been able to participate in a few coalition meetings which have taught me the importance of working together with many public interest, civil rights organizations to champion broad, effective change.

My internship at NWLC has given me the opportunity to research and write about federal Title VII and Title IX cases, as well as dabble a bit in some of the state laws protecting women's rights. I have also been able to participate in the legislative process and help to research findings for proposed bills and work with Senator's offices to draft language for the bills. This breadth of knowledge I am gaining is invaluable. After this summer's work I look forward to a lifelong commitment of working in civil rights and employment rights.

I am thankful everyday that I go to work that I am able to participate in such an amazing organization with empowered and passionate women and men. As a rising 3L, it was intimidating to accept a public interest job instead of a firm job. However, the Equal Justice Foundation and its donors made this decision easier and I am so glad that I am able to have such a fulfilling summer.

Government Accountability Project

Bryan Boroughs writes from DC

This summer I'm working at a non-profit whistleblower-protection firm called the Government Accountability Project (GAP). GAP represents clients who have “blown the whistle” on illegal government activity. Usually, these clients were government employees who saw a hidden and illegal danger to the public (faulty aircraft maintenance, poorly constructed levies, etc.). Whistleblowers regularly face harsh retaliation, ranging from termination to decades-long harassment, after bringing a danger to light. GAP helps these clients by helping them with the disclosure process, representing them during litigation, and lobbying for better whistleblower protection laws.



My work as a legal intern is split between litigation and legislative efforts. On the litigation side, I help with intake interviews and legal research. One of my assignments is to work with a client who blew the whistle on unsafe maintenance protocol at a nuclear site. Our client is a terrifically qualified nuclear mechanic who reported his employer for violating maintenance standards at a nuclear reactor. As you can imagine, violating nuclear maintenance standards could have caused catastrophic problems. Unfortunately, rather than being commended for making the plant safer, our client has been fired and blacklisted. He has over 25 years of outstanding work experience and glowing recommendations, but now he cannot find a job in the nuclear industry. So, GAP is helping him with legal action to stop the blacklisting.

On the legislative side, I’ve been helping with GAP’s efforts to get new whistle blower protection laws passed. There are several exciting bills right now in congress. One provides protection for federal employees, and others provide protection for certain industry employees (like food and drug safety or child product safety employees). At different points during the process, congressional staffers come to GAP with questions about the current needs for whistleblowers or the impact certain provisions would have. Helping respond to those questions has been one of my favorite parts of the internship.

Merit Systems Protection Board

Shayla Key Parker writes from DC:

A lot of disabled lawyers end up working for the government, blind
lawyers in particular. I think it's partly that federal agencies are
generally scrupulous, if slow, in meeting ADA requirements. I know a
handful of blind lawyers, and they all work for the government and
they all have the technological support they need to do their jobs.

So working for the Merit Systems Protection Board this summer is an
experiment on a lot of levels. I want to know what I feel about
practicing employment law, sure, and I want to know if my interest in
regulatory affairs extends beyond the classroom. But I'm also thinking
about my career path from a broader perspective, considering public
service from every angle, making sure I'm going to end up doing what I
want to do, not just something that's convenient.

I don't really know if mooting federal employment cases will answer
that, or going down to the D.C. Circuit to hear arguments, or any of
the other things I'm doing this summer. I am having a good time – it's
a small, busy, fun office, full of thoughtful people. I definitely
don't feel trapped in what a blind lawyer friend of mine called the
"government ghetto." I feel like I'm doing interesting work in a
lively field.

Right now I'm assessing the legality of a particular hiring practice
and writing a legal memo analyzing its use in various arenas. And I'm
getting ready to write my first informal brief in an upcoming case.
It's the sort of experiential learning that will hopefully teach me as
much about where I want to be in five years as legal research and
writing.