The Merit Systems Protection Board has issued a report spelling out various employment preferences for veterans in the federal government, a document that is presented in part as a warning to agency managers.
Says the report: “It is crucial that agencies promptly give veterans, preference eligibles, and service members all of their entitlements. Not only is it the right thing to do, but, if an agency fails to do this, it will be required to reconstruct what would have occurred if the laws had been followed properly. Such reconstructions can be expensive for agencies and harmful to innocent bystanders who may need to be removed from positions through no fault of their own.”
The report details various rights under laws including the Veterans Employment Opportunities Act of 1998, which provides a remedy if a federal agency has improperly denied a right to preference or consideration for a vacancy; and the Uniformed Services Employment and Reemployment Rights Act of 1994, which provides a remedy when an agency has discriminated on the basis of military service or refused to allow an individual to return to his or her position following that service.
In addition to descriptions of who qualifies for what type of protection and the standards of proof in various situations, the report describes precedent that MSPB uses to decide such disputes—which in some cases can be appealed through other channels, as well.
The report is here: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=1103655&version=1108073&application=ACROBAT
