A federal appeals court has ruled that an agency did not violate veterans’ preference by canceling a job vacancy announcement for which a veteran had applied and had been interviewed.
According to a summary of the case by the MSPB, which initially heard the complaint, the selecting official determined that none of the candidates possessed the required qualifications for the position, and the agency cancelled the vacancy. An MSPB hearing officer and then the full board ruled that an agency is not required to hire a preference-eligible veteran if it does not believe that the candidate is qualified or possesses the requisite skills, and that the agency in this case “had conducted a thorough, structured interview process, and determined none of the interviewees, including the appellant, possessed the requisite skills and knowledge for the position.”
The Court of Appeals for the Federal Circuit agreed, finding that the agency did not deny the applicant the opportunity to compete for the position because it considered his application and interviewed him.
It further found “no evidence that the cancellation of the vacancy violated a statute or regulation relating to veterans’ preference. Instead, the record contained substantial evidence that the agency cancelled the vacancy due to a lack of qualified candidates,” according to the summary.
