Disabled Veterans and Affirmative Action in Federal Hiring

Introduction: Should Disabled Veterans Receive Preferential Treatment?

Should disabled veterans receive preferential treatment over better-qualified candidates who are not disabled veterans? The answer should be a qualified "yes," though it is not quite that cut and dried. Federal law requires federal — not private — employers to establish a plan of action in order to implement the requirements and specifics with regard to hiring disabled veterans.

The United States Office of Personnel Management reported to Congress (Springer, 2005) that, as a general principle, the U.S. has "an obligation to assist veterans of the Armed Forces in readjusting to civilian life... [and] therefore the policy of the United States and the purpose of these sections... [is to] promote the maximum of employment and job advancement opportunities within the Federal Government for qualified covered veterans who are qualified for such employment and advancement."

Federal Eligibility Rules for Disabled Veterans

Among those "qualified covered veterans" eligible for employment are "disabled veterans" — those with a disability that reduces their functioning by 30% or more. This threshold matters: if a veteran is disabled by only 28%, he or she would not be given preferential treatment under an objective reading of the law. The definitions of veterans who are disabled are not restricted as to gender or ethnicity; a disabled veteran is a disabled veteran, whether male, female, Black, Latino, Asian, or Caucasian.

The Office of Personnel Management describes "30% disabled" as "disabled veterans who were retired from active military service... [and] rated by the Department of Veterans Affairs (within the preceding year) as having a compensable service-connected disability of 30% or more."

The OPM annual report for fiscal year 2005 shows that of all veterans on the federal government payroll, approximately 20.3% (92,642) were classified as "disabled veterans," reflecting growth within the federal government in terms of hiring this population. No statistics were offered regarding how many disabled veterans were turned down because they were only 20 to 29% disabled.

The DVAAP: Structure and Compliance Requirements

The federal government's framework for disabled veterans' employment opportunities is spelled out in Title 5 of the Code of Federal Regulations, Part 720, Subpart C — the Disabled Veterans Affirmative Action Program (DVAAP). It is important to establish from the outset that hiring decisions are made on a case-by-case basis in most government and private-industry situations. The fact that a man or woman presents at a federal work site with a 35% disability rating does not automatically guarantee that person a job over another candidate. It may be, for instance, that the disabled veteran has no background in technology or computers, yet the position requires competency in those areas and no training is available.

There are, therefore, complications and diverse circumstances that prevent any blanket statement to the effect that a veteran who is 30% or more disabled can automatically outcompete a non-disabled, better-qualified applicant. What if the disabling condition — the very condition that might otherwise make the person eligible under federal law — physically prevents that person from performing the required tasks? For example, what if the veteran has lost a hand in combat and the job requires the use of both hands? These are issues that must be taken into consideration on a case-by-case basis.

Conclusion: Fairness, Justice, and the Limits of Preference

In her book In Defense of Affirmative Action, Barbara Bergmann observes that "people of color and women have, of course, been subordinated for a long time... and the purpose of Affirmative Action is to reduce segregation by race and sex in the workplace." It is, at its core, as simple as that. When one also factors in the extensive federal regulations regarding disabled veterans and job availability, however, it still comes down to the fundamental principles of fairness and justice — principles that no single hiring rule can fully capture on its own.

Works Cited

Bergmann, Barbara. (1996). In Defense of Affirmative Action. New York: Basic Books, 42–47.

Bonneville Power Administration. (2004). Disabled Veteran's Affirmative Action Program Plan. Retrieved 12 Dec. 2006 at

U.S. Department of Agriculture. (2001). Disabled Veterans Affirmative Action Plan. Retrieved 12 Dec. 2006 at

U.S. Department of Labor. (2002). Employment Standards Administration / Office of Federal Contract Compliance Programs. Retrieved 13 Dec. 2006 at

United States Office of Personnel Management. (2006). Report to Congress: The Employment of Veterans in the Federal Government in FY 2005. Retrieved 12 Dec. 2006 at http://www.opm.gov.