A new law makes it more important than ever for federal managers to follow veterans preference rules. Those who don't could end up in the unemployment line.
Under the Veteran's Employment Opportunities Act, which President Clinton signed into law this fall, violating veterans preference rules became a prohibited personnel practice. Managers can be fined, suspended, reduced in grade or terminated for prohibited personnel practices.
Espiridion "Al" Borrego, head of the Labor Department's Veterans Employment and Training Service (VETS), said managers need to understand the new rules.
"If managers are given the opportunity, most will do the right thing," Borrego said. "The other side of the coin is that with a prohibited personnel practice, the penalty falls on the manager."
When agencies seek to fill a position, personnel departments compile a list of the most highly qualified candidates. Qualified veterans are given extra points in the hiring process, meaning that they can rank higher on a candidate list than an equally qualified non-veteran. Hiring managers select a candidate from the list-unless they are unsatisfied with the list, in which case they can request a revised list from the personnel department.
Sometimes, managers try to skirt the process because they have a preferred candidate for the position that does not top the applicant list.
"There are times that, because people aren't aware that it's illegal, you will hear someone make a statement like, 'I can't hire the person I want because there are a lot of veterans blocking the person,'" Borrego said. "On the face of it, we would have to do an investigation [of that], because it sure does sound discriminatory."
In addition to making violations of veterans preference a prohibited personnel practice, the new law revises the process veterans must go through when they believe their preference rights have been violated.
Veterans who suspect an agency of violating preference rules now have a three-step redress system.
First, the veteran must file a complaint with VETS within 60 days of the alleged violation. If an investigation finds a violation did occur, VETS must ensure that the violating agency addresses the grievance.
If VETS fails to complete an investigation within 60 days of the complaint's filing, the veteran can file a complaint with the Merit Systems Protection Board.
If MSPB doesn't complete a review within 120 days, the veteran can take his case to a U.S. district court.
Borrego said VETS expects its caseload of 40 to 50 veterans preference complaints a year to increase with the new redress system.
The new law also allows veterans to apply for "merit promotion" positions, which have traditionally been limited to federal civilian applicants. Veterans do not get preference points for those positions, however, because veterans preference applies only to hiring and layoff actions.
The law requires the Federal Aviation Administration to give veterans preference during reductions-in-force (RIFs). The FAA, which operates its personnel system under a special authority, already gives veterans preference during hiring. Veterans preference must also be given for certain White House, legislative and judicial branch positions.
Veterans' groups say the new rules will help protect veterans from discriminatory managers.
"Veterans preference in the federal sector had no teeth. Now we're starting to grow some molars," said Phil Budahn, spokesman for the American Legion. "A fundamental problem has been the lack of any sort of sanction on anyone who does not hire veterans, on people who play games with hiring lists. There are some supervisors who just don't feel comfortable working with veterans."
Some managers, however, questioned the need for the legislation. The Professional Managers Association, for example, opposed the law because of the "excessive burden it would impose on agencies and managers in filling vacancies."
Though veterans preference rules apply only to hiring and layoff procedures, veterans are protected against discrimination in all other areas of employment under the 1994 Uniformed Services Employment and Reemployment Rights Act (USERRA).
In fiscal 1998, 155 veterans filed complaints against federal agencies under USERRA. In 27 percent of the cases, the veterans' claims were granted or settled.
The percentage of veterans in the federal workforce is twice that in the private sector. While one in four federal civilian employees is a veteran, 11.6 percent of private sector workers are veterans.
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