Veteran Hiring in the Civil Service: Practices and Perceptions

Veteran Hiring in the Civil Service: Practices and Perceptions
Veteran Hiring in the Civil Service: Practices and Perceptions
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This report describes the laws and regulations for hiring veterans into the civil service. It explains that the laws and regulations regarding the preferences in hiring that can or must be given to veterans and certain family members are extremely complicated. It includes survey data of perceptions by employees regarding both violations of veterans' preference rights and inappropriate favoritism of veterans. Furthermore, it explains the history behind—and implementation of—a law that was designed to ensure that the hiring of recently retired service members as civilian employees of the Department of Defense is based on merit and not favoritism.

Table of Contents

Executive Summary i

Chapter One: Introduction 1

Purpose 2

Defining a Veteran 2

Methodology 3

Chapter Two: Veterans’ Preferences in Hiring for Competitive Service Positions 5

Competitive Examining 6

The Rule of Three 7

Category Rating 9

Additional Competitive Examining Provisions for Veterans 11

Veterans Applying for Competition that is Internal to the Government 13

Veterans Recruitment Appointment 15

Thirty Percent Disabled Veterans Appointment 18

Certified from a Training Program 19

Chapter Three: Veteran Hiring in the Excepted Service 21

Examples of Agency-Based Statutory Hiring Authorities 22

Examples of Position-Based Regulatory Hiring Authorities 23

Other Excepted Service Hiring Authorities 24

Chapter Four: Perceptions Regarding Veteran Hiring 25

Federal Employee Perceptions of Improprieties 25

Department of Defense Employees’ Perceptions 30

Human Resources Perceptions 33

Hiring Practices Strategies 35

Chapter Five: Restrictions on Hiring Retired Service Members into the Department of Defense 37

Delegation of the Waiver Authority 42

The National Emergency 43

Survey Data for the 180-Day Rule 44

Recommendations for the Future of the 180-Day Rule 48

Chapter Six: Findings and Recommendations 51

Summary of Veterans’ Hiring Authorities Findings and Recommendations 51

Summary of the 180-Day Hiring Prohibition Findings and Recommendations 52

Appendix A: Discussion of the Response by the Office of Personnel Management 55

Appendix B: Response by the Office of Personnel Management 57

Appendix C: Response by the Department of Defense 61

Appendix D: Department of Defense Restriction Memorandum and Law 65

Gilpatric Memorandum 65

5 U.S.C. § 3326—Appointments of Retired Members of the Armed Forces to Positions in the Department of Defense 66

Appendix E: Structuring Categories for Category Rating 67

Appendix F: Glossary 69

Definition of Veteran and Related Terms (5 U.S.C. § 69

Hiring Authorities 71

Other Terms Used in the Report 72


Federal employees, their supervisors, agency management, union personnel, especially Human Capital officers and employees across the U.S. Federal Government may be interested in this report.  Additionally, members of Congress, and Federal managers within the Office of Management and Budget, and Office of Personnel Management that is responsible for policy making authority may find this guide helpful as a reference with human resources and civil service matters.  Additionally, students pursuing research for courses within these fields, especially public administration, human resources, employment law, organizational development, and industrial-organizational psychology may find this primary source document that deals with civil service issues helpful for assignments.

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