A recent federal court decision addressed the balance between two special hiring authorities, veterans’ preference and the Pathways Program, finding in favor of an applicant who had the former status but who was rejected for the latter on grounds that he didn’t meet its qualifications.
The U.S. Court of Appeals for the Federal Circuit was considering a case in which an applicant filed a complaint under the Veterans Employment Opportunities Act, following his rejection for an appointment under the Pathways Program’s recent graduates authority. The agency determined that he was not considered for the position because he had not graduated within the timeframe established under the program.
The court upheld the MSPB in rejecting the argument that the recent graduates program is invalid to the extent it excludes certain veterans who are not recent graduates from applying to positions within the program.
It said the program, which allows excepted service appointments in to positions that otherwise would be in the competitive service, was within OPM’s discretion to make exceptions to competitive hiring rules—in this case to overcome barriers facing those with little practical work experience.
