Primer on Veterans’ and Service Members’ Federal Employment Rights

The US Department of Labor (DOL) oversees a variety programs and services that focus on preparing veterans and members of the military for meaningful civilian careers, maximizing their employment opportunities, and protecting their employment rights. The following describes some employment protections available to service members and veterans.

Hiring Preference

Under federal law, veterans who are disabled or who served on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over non-veterans in hiring for virtually all federal government jobs. When agencies use a numerical rating and ranking system to determine the best qualified applicants for a position, an additional 5 or 10 points is added to the numerical score of qualified preference-eligible veterans.

Affirmative Action and Non-discrimination

Federal government contractors and subcontractors have certain affirmative action and non-discrimination obligations for veterans. For example, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) requires federal contractors to take steps to recruit, hire, train and promote protected veterans. It also makes it illegal for such organizations to discriminate against protected veterans when making employment decisions.

Service Leave and Return from Duty

Virtually all employers, regardless of size, must comply with the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). Under the law, military reservists and veterans have the right to return to the same job and benefits after a period military service lasting up to five years.

Visit the National Resource Directory at https://www.ebenefits.va.gov/ebenefits/nrd for more information.