The Veterans' Preference Act is a United States federal law passed in 1944. It required the federal government to favor returning war veterans when hiring new employees in an attempt to recognize their service, sacrifice, and skills.
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Veterans' Preference Act of 1944
Veterans' preference, as it exists today, derives from the Veterans' Preference Act of 1944. This act, to a large extent, resulted from the veterans organizations' desire to elevate the existing Executive and regulatory orders governing preference to the level of National policy. With a victorious end to World War II clearly in sight, both Congress and the Administration were sympathetic to the veterans organizations' objective. In his endorsement of the legislation, President Roosevelt wrote, "I believe that the Federal Government, functioning in its capacity as an employer, should take the lead in assuring those who are in the armed forces that when they return special consideration will be given to them in their efforts to obtain employment. It is absolutely impossible to take millions of our young men out of their normal pursuits for the purpose of fighting to preserve the Nation, and then expect them to resume their normal activities without having any special consideration shown them."
The act, in essence, was a consolidation of the various preference provision already in effect by the various Executive Orders and CSC regulations. It went a step further by broadening and strengthening existing veterans' preference rules by giving them legislative sanction. Thus, the Executive Branch could no longer change the provisions of veterans' preference. Any changes must now be sought through legislation. In addition, the act made clear that preference was to be a reward for patriotic duties by a grateful country willing to recognize the sacrifices of its servicemen when peace comes. The Act would help ensure that veterans obtain or regain an economic position they otherwise would have attained had they not served in the armed forces. The Veterans preference Act of 1944 defined to whom and under what circumstances preference would be granted. It provided that Preference be given in competitive examinations, in appointments to positions in the Federal service, in reinstatement to positions, in reemployment, and in retention during reductions in force. Preference would apply to civilian positions — permanent or temporary ;— in all departments, agencies, bureaus, administrations, establishments, and projects of the Federal Government, and in the civil service of the District of Columbia. Further, the law provided that preference apply to positions in the classified civil service (now the competitive service), the unclassified civil service (positions excepted from the competitive service), and in any temporary or emergency establishment, agency, bureau, administration, project and department created by acts of Congress or Presidential Executive order. The legislative and judicial branches of the Government, as well as positions in the executive branch, which are required to be confirmed by the United States Senate, except Postmaster-ships, in the first-, second-, and third-class post offices were exempt from the Act.
The Act originally granted preference to non-disabled veterans, disabled veterans, wives of disabled veterans, and the widows of disabled veterans. These were substantially the same groups granted preference under previous laws and regulations with two exceptions. Non-disabled veterans whose only service was performed during peacetime and the wives of non-service-connected disabled veterans over 55 years of age were no longer eligible for preference.
Veterans' Preference since 1944
In 1948, the Veterans Preference Act of 1944 was amended to include the mothers of veterans. Mother preference was granted to certain widowed, divorced, or legally separated mothers of veterans (men and women) who
(a) died under honorable conditions while on active duty in any branch of the armed forces of the United States in wartime or in peacetime campaigns or expeditions for which campaign badges or service medals have been authorized; or
(b) have permanent and total service-connected disabilities which disqualify them for civil service appointment to positions along the general line of their usual occupations.
In the case of such widowed mothers, preference was granted provided they were widowed at the time of death or disability of the veteran and had not remarried. The divorced or legally separated mothers were granted preference only if the veteran was the mother's only child. This provision was later amended in 1950 to allow preference to mothers who are living with their husbands but whose husbands are totally and permanently disabled.
In 1952, a bill was passed granting preference benefits to those honorably separated veterans who served on active duty in any branch of the armed forces of the United States during the period beginning April 28, 1952 and ending July 1, 1955 (the period after the termination of the state of war between the United States and the Government of Japan during which persons could be inducted under existing law for training and service in the armed forces). The bill also extended preference to the widows and mothers of such veterans.
The Vietnam War in the 1960s resulted in several modifications of the VP law of 1944. In 1966, legislation was passed which granted peace-time preference for Vietnam-era vets who served on active duty for more than 180 consecutive days between January 31, 1955 and October 10, 1976; National guard and reserve service was excluded from this legislation.
In 1967 legislation was passed which expanded preference to all veterans who served on active duty for more than 180 days (no requirement to serve during war, campaign, or conflict) between January 31, 1955 and October 10, 1976. As with the previous year's law, National guard and reserve service was not included in this expansion.
The end of the Vietnam War brought with it yet another law, passed in 1976. This law put added restrictions on veterans whose service begins after October 14, 1976. For post-Vietnam era veterans, preference was granted only if theses veterans became disabled, or served in a declared war, a campaign, or expedition. This legislation was the result of the conclusion of the Vietnam War and its draft and the United States Department of Defense's desire to build a career military service.
The Civil Service reform act of 1978 created new benefits for veterans with a 30 percent or more disability. It also gave veterans extra protection in hiring and retention. Under this act, preference was no longer granted to nondisabled veterans who retired at the rank of major or above.
In 1988, a law was passed that required the Department of Labor to report agencies' violations of veterans' preference and failure to list vacancies with State employment services to the Office of Personnel Management for enforcement.
The last major legislation affecting veterans' preference occurred in the form of the Defense Appropriations act of 1997. Under this legislation, preference was accorded to anyone who served on active duty during the Gulf War period (August 2, 1990 through January 2, 1992). This law also granted preference to certain service members who earned campaign medals for service in Bosnia and Herzegovina in support of Operation Joint Endeavor (November 20, 1995 through December 20, 1996) or Operation Joint Guard (December 20, 1996 through a date designated by the Secretary of Defense).
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