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Veterans’ Preference Is Not a Federal Hiring Flaw

federal employment federal hiring mspb appeals veoa appeals veterans’ preference
 

A FedRAMP hiring controversy has exposed a familiar problem in federal workforce debates: blaming the legal protection instead of examining how the hiring process was designed and administered.

The FedRAMP director recently criticized veterans’ preference as “brutally unfair” and complained that Tech Force could not consider “normal folks” until veterans received offers. GSA subsequently placed him on administrative leave and publicly rejected remarks it described as denigrating veterans. The language matters. Veterans are not an obstacle category separate from “normal” applicants. They are candidates whose service may entitle them to a preference Congress deliberately created.  

A Hiring Shortfall Does Not Prove Veterans Caused It

Tech Force initially aimed to hire 1,000 technologists by the end of March. By late May, officials reported 180 to 200 hires, with only 10 people onboarded at that point. OPM’s director acknowledged that he was learning how long federal hiring can take.  

That delay has broader causes. GAO found that OPM’s workforce fell 35% between December 2024 and March 2026. The agency eliminated 10 offices, and 57% of departing employees had at least 11 years of service. GAO warned that the reductions diminished institutional knowledge and operational capacity. Fewer experienced HR professionals can mean slower certificates, unclear instructions, and avoidable mistakes.  

Veterans’ Preference Applies After Qualification

Veterans’ preference is not a rule requiring agencies to hire unqualified applicants. Under category rating, agencies evaluate candidates and place qualified applicants into quality categories. Preference eligibles are then listed ahead of non-preference eligibles within the same category. An agency may seek to pass over a preference eligible, but it must follow the written procedures in 5 U.S.C. § 3318 rather than simply ignoring the preference.  

That distinction is important. A lawful process can test technical ability rigorously while still honoring veterans’ preference. The answer to poor assessment design is better assessment—not treating veterans as the cause of administrative failure.

Protect the Record and Watch the Deadline

Preference-eligible applicants should verify that their claimed preference, DD-214, disability documentation, and application responses were received and correctly reflected. Save the announcement, application package, eligibility notice, referral status, and every hiring communication.

At Southworth PC, we regularly see preference disputes turn on records that applicants assumed HR had received.

If you believe an agency violated a veterans’ preference right, VEOA generally requires you to file a complaint with the Department of Labor within 60 days of the alleged violation before pursuing an MSPB appeal.  

A mindful response begins by separating insulting rhetoric from the actionable record. You do not need to absorb someone else’s frustration as a judgment about your worth. Return to the documents, the governing rule, and the deadline. Rights are strongest when they are understood, preserved, and asserted in time.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. Every situation is unique, and legal outcomes depend on specific facts and circumstances. If you want a free consultation, you can reach us at attorneysforfederalemployees.com.

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