Navigating the Divide Between Public Sector and Civil Rights Careers

For the many people who go to law school to effect change and do good in the world, two distinct paths often arise: public sector and civil rights.  I previously posted about the types of civil rights jobs that exist and how to choose the civil rights job for you.

As I mentioned in the posts, public sector jobs are not necessarily the same as civil rights jobs.  In fact, as a civil rights attorney, a large percentage of my practice entails bringing claims against the government, making my opposing counsel public sector attorneys.

Of course, there is some overlap between the two.  And don’t forget, those in the public sector are there because they chose to serve the public in lieu of a more lucrative career, just like private-side and non-profit civil rights attorneys.  Yet, if you walked into a room full of civil rights attorneys and said you were also applying to the AG’s office, you might be met by some strong skepticism.

I personally applied to both public sector and more traditional civil rights jobs.  And I felt more than comfortable openly doing so.   Here are some tips on how to navigate that divide in your own career search.

First and foremost, it’s easy to navigate the gap between civil rights and public sector work when it comes to private applications.  I simply had two versions of my resume, and I always personalized my cover letter to whatever job I was applying for.  The big difference between my resumes was that my public sector one included my short stint at a hedge fund and removed some of my more activist-heavy entries.  The civil rights resume did not bring up my hedge fund days so that I could devote more space to my activism.

(Don’t worry, I openly discussed my time at the hedge fund in my interviews.  It’s just that it was taboo to have a resume that extended past one page, and I wanted to use my limited space to speak to my passion for civil justice.)

What is more difficult, however, is whether you admit that you’re pursuing both types of careers when asked in an interview or when networking.  Simple answer: if you don’t believe in the work enough to be open about your interest in it, then it’s time to rescind your application, take a deep look inwards, and reevaluate how you wish to pursue your legal career.

Apply for Jobs You Believe In

I personally had no problem admitting that I was looking for work in both the public sector and private civil rights firms.  The reason for that is simple:  I refused to apply to any job in the public sector (or civil rights for that matter) that did not align with my values.

For example, I would not entertain the thought of applying to the employment division at the AG’s office.  Do you know what their job consists of?  Defending the state against employment discrimination claims from its thousands of employees, among other things.  As a person committed to plaintiff-side employment law practice, I could not take on that role.

So, where did I apply?  For starters, I applied to the New York AG’s labor law enforcement division, which investigates alleged violations of the state’s labor laws and brings enforcement actions against violators.

I also applied to the National Labor Relations Board in the General Counsel’s division, which is similarly entrusted to investigate and enforce labor laws, though the federal ones.

And I applied to the Department of Labor seeking to enforce the Fair Labor Standards Act, the Equal Pay Act, and countless executive orders against employers exploiting workers around the country.

When asked during interviews about my job application process, I had no qualms discussing these job prospects.  And guess what, one of my coworkers is a former EEOC litigator.  She spent 7+ years enforcing Title VII, the ADA, and the ADEA on behalf of the government, and she was our co-counsel on a large sexual harassment case during that time.

In my opinion, each of these positions I applied for – and the EEOC position my coworker previously held – are public sector jobs in the field of civil rights.  If someone wants to argue otherwise simply because I would have worked for the government, that is on them.  But as long as you believe in the work you’re doing and are committed to helping those in need, I would take any criticisms with a large grain of salt.

Stand Your Ground When Networking

A big question I am often asked is how to respond to someone who scoffs at your dual interest in public sector and civil rights work if it comes up when networking.  I say, if you believe in the work you are pursuing, stand your ground.

I still remember being out at a networking event in my first few months at my current job.  I  knew very few of the players in the civil rights community, and I was definitely an awkward networker, to say the least.  I went to the event with our intern, who was actually fairly older than me as he had gone back to law school as a second career.

While we were having a beer,  a conversation began between us and a prominent criminal defense attorney.   The criminal defense attorney asked our intern where he planned to go the following summer, and our intern admitted that he was considering applying to the AG’s office.

I don’t believe that a question was ever asked about what division – let alone what sparking his interest in the AG’s office – before he was on the receiving end of a disdainful, judgmental response.  I was completely taken aback.  I couldn’t believe that a person – let alone a stranger making small talk – would ever talk to someone – let alone a law student – that way.  Luckily for me, our intern was older – and thus more confident than I was – to respond with a firm (albeit polite) response.

I walked away from that conversation with a lot of respect for our intern and very little for the prominent criminal defense attorney.

If you ever encounter someone who treats you with disdain based solely on the name of your potential future employer, that is on them, not you.  So long as you remain true to yourself as you develop your career,  you should never feel you have anything to apologize for.

Don’t Fret Over “Unintended Consequences” or Doors Left Unopened

Another big question I often encounter are what might be the unintended consequences of pursuing a career in the public sector over a more traditional civil rights path.  And that one is hard to answer.  While we would all like the ability to see way off into the future, we can’t.

You can probably guess my answer: be true to yourself, and things will work out.  Who knows where I would be in my career had I taken the Department of Labor position I was offered back in January 2015.  At the time, I had desperately wanted that job, but I had already accepted a position with the NLRB.

We all know how that turned out, but at the time I didn’t know the NLRB would be losing its hiring authority.  And while I had wanted the DOL job more, at the time I believed the right thing to do was to stick to my commitment.  (I would not give that advice today, by the way.)

But I also assumed that the Democrats would win the 2016 election.  The job with DOL was slated to begin in the fall of 2015, just one year before Donald Trump would be elected our 45th President.  As you can imagine, the work you are able to accomplish  within the government will change based on the administration in office.

But perhaps I would have transitioned to a career at a civil rights firm or in the non-profit sector upon the election and loved my job.  Maybe I would have left to start campaigning for the upcoming midterms.  Who knows?

There are countless doors that we never open in our lives.  Far more opportunities than we can ever imagine.  The notion that each choice we make has potentially unforeseen, catastrophic consequences by leaving another door unopened is a tragic, fabled tale we have spread.

You never know where your path will lead.  Much of it will depend upon the connections you forge throughout your career.  And at the end of the day, what matters most is being genuine, since that will offer you the most opportunities true to your values.

If you believe in the work you will be doing, then go and pursue that path.  Trust me, many more doors will open along the way than if you take a job you do not believe in.

Being genuine and committed is what creates opportunities.  And making irrevocable decisions has been shown to lead to a happier life.  So never look back and wonder “what if.”  As long as you stay true to yourself, the right opportunities will come your way.