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 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.

The DVAAP: Structure and Compliance Requirements

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.

How the DVAAP program should function within a typical federal agency is very clearly spelled out by the Bonneville Power Administration, a federally operated project in the Northwest that uses the Columbia River as a power source. By regulation, agency DVAAP plans "must include the following" (with reference to Title 5): a statement acknowledging that disabled veterans will be given due consideration; the name and title of the official assigned overall responsibility for the development and implementation of the plan; an assessment of the current status of veteran employment within the agency (with special emphasis on those with 30% or more disabilities); a description of how recruitment will be carried out to identify disabled veterans; a plan for the advancement of disabled veterans within the department; and a detailed description of how the program is progressing.

In fulfilling their responsibilities under Title 5, Bonneville also provides current hiring and staffing breakdowns. Of their 3,176 employees, 125 (4%) were disabled veterans and 38 (1%) were disabled veterans with a 30%-or-more disability. To ensure workforce advancement for existing disabled veterans in accordance with federal guidelines, the Bonneville action program plan offers classes and training in resume writing and interview preparation. Each employee, including disabled veterans, is encouraged to complete an individual development plan with their manager and to utilize career counselors within their department.

Conclusion: Fairness, Justice, and the Limits of Preference

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.