Q: What's the Oregon veterans' preference law about?
A: It is the policy of the State of Oregon that a public employer grant a preference in hiring and promotion to veterans and disabled veterans who qualify under the provisions of ORS 408.230 and OAR 839-006-435 to OAR 839-006-0470. Statutory changes to the Oregon veterans' preference law became effective on June 20, 2007. In 2009, the legislature further amended the Veterans Hiring Preference with the passage of HB 2510. Effective January 1, 2010, implemented a lifetime veterans hiring preference instead limiting the preference to the 15-years after discharge.
Q: Are all veterans eligible to receive preference in public employment?
A: Only those veterans who meet the criteria set forth under ORS 408.225(1)(d) are eligible to receive preference in public employment. There are four ways to qualify as an eligible veteran:
(1) A veteran must have served on active duty with the Armed Forces of the United States for a period of more than 178 consecutive days and have been discharged under honorable conditions; or
(2) A veteran must have served on active duty with the Armed Forces of the United States for 178 days or less and have been discharged under honorable conditions because of a service-connected disability (disabled veteran); or
(3) A veteran must have served on active duty with the Armed Forces of the United States for at least one day in a combat zone and have been discharged under honorable conditions; or
(4) A veteran must have received a qualifying military decoration for service in the Armed Forces of the United States.
Q: Does it matter which military branch a person served in?
A: No. A person must have served on active duty with the Armed Services of the United States, which means Army, Navy, Marine Corps, Air Force and Coast Guard. Armed Services of the United States includes all reserve components, such as the Army National Guard and the Air National Guard.
Q: Does military training or schooling qualify as “active duty”?
A: Normal schooling or training as a reserve officer or member of an organized reserve or a National Guard unit does not qualify as active duty. Only when the schooling or training is incident to an active enlistment or tour of duty will it meet the criteria for employment preference.
Q: Does a person automatically qualify for employment preference if s/he received a military decoration?
A: It depends. The military decoration must have been received for active duty service during a qualifying war, campaign or expedition. The U.S. Office of Personnel Management's VetGuide at www.opm.gov/veterans/html/vetguide.asp offers guidance on which military decorations qualify a veteran for preference in employment.
Q: How can a person prove to an employer that s/he qualifies as an eligible veteran?
A: A person may submit their Certificate of Release or Discharge from Active Duty (a federal DD form 214 or 215) with his/her application for employment. A disabled veteran may also submit a copy of his/her veteran's disability preference letter from the U.S. Department of Veterans Affairs.
Q: What if a person is unable to submit certification of qualifying service before the recruitment for the position closes?
A: If a person's record appears to show service qualifying for the preference the public employer may provisionally designate an applicant as an eligible veteran or disabled veteran. However, before the person can be hired, the person must submit proof of the qualifying service.
Q: Can an eligible veteran receive preference for any job?
A: No. The preference applies only to a “public employer's “civil service” positions.
Q: Who is considered a public employer?
A: A public employer includes state, county and city governments. In addition, public entities created by statute or ordinance, for example, public corporations and water districts, are also considered public employers for the purpose of veterans' preference.
Q: How do I know which positions are considered “civil service”?
A: A position need not be denominated as a civil service position. A civil service position is any position that requires the hiring decision to be made based on the results of a merit-based, competitive process. Generally, this process involves recruiting, selecting and promoting employees on the basis of their relative ability, knowledge, experience and skills, determined by open competition and consideration of qualified applicants. ORS 240.306. Normally, the highest ranking applicant will be selected for hire, but not in every case.
Q: How is the veterans' preference applied during the selection process?
A: At each stage of the application process a public employer will add five preference points to an eligible veteran's score and ten preference points to a disabled veteran's score. So, for example, a public employer whose application process involves a physical agility test, a written test and an interview, will add five points to the score of an eligible veteran's physical agility test and to the score of the written test and to the score of the interview.
Q: What if a public employer's method of evaluating applicants does not result in a score?
A: Then the public employer must devise and apply methods by which the public employer gives special consideration to veterans and disabled veterans. This also applies to a public employer's method of evaluation for civil service promotional opportunities.
Q: How would the veterans' preference apply to subjective factors in selecting a candidate (ability to communicate, fit in with others, team player and many other immeasurable qualities)?
A: A public employer is not required to appoint an eligible veteran or disabled veteran to a civil service position based only on the preferences discussed above. A public employer may base its decision not to appoint a veteran or disabled veteran to a civil service position on the veteran's or disabled veteran's merits or qualifications with respect to the civil service position.
Q: What if a veteran or disabled veteran disagrees with the public employer's decision not to hire the veteran or disabled veteran for a civil service position?
A: A veteran or disabled veteran may request in writing the public employer's reasons for the decision not to hire the veteran or disabled veteran to the civil service position.
Q: Is there any limit to how many times a veteran or disabled veteran can use the employment preference?
A: Until January 1, 2010, an eligible veteran can use the employment preference for any civil service position for which application is made within 15 years of discharge or release from service in the Armed Forces. There is no limitation on how many times a disabled veteran may use the employment preference.
As a result of Legislation passed in 2009 (HB 2510), the 15-year cap will be eliminated effective January 1, 2010. After January 1, 2010 there will be no limit on how long after discharge a veteran may receive the employment preference.
Q: What if an eligible veteran or disabled veteran who is already employed with a public employer applies for a different position with the same public employer?
A: A public employer must apply the employment preference each time an eligible veteran or disabled veteran applies for a civil service position even if the eligible veteran or disabled veteran is already employed with a public employer. However, there are some additional requirements that a veteran or disabled veteran must meet when applying for a promotion.
A veteran or disabled veteran who is employed by a public employer in a permanent civil service position and who applies for a promotion must have:
(1) Been granted military leave by the public employer;
(2) Returned from military leave to the civil service position;
(3) Qualified as an eligible veteran or disabled veteran under OAR 839-006-0440(5) for the purposes of the military leave;
(4) Successfully completed a test or examination for the promotional position; and
(5) Met the minimum qualifications and any special qualifications for the promotional position.
Q: Is a public employer required to hire an eligible veteran or disabled veteran?
A: No. A public employer may base a decision not to appoint the veteran or disabled veteran solely on the veteran's or disabled veteran's merits or qualifications.
Q: What if a person believes a public employer has violated the Oregon veterans' preference in public employment law?
A: Failure to comply with the requirements of the veterans' preference in public employment law is a violation under Oregon civil rights law. Retaliating against a person for opposing a violation under the veterans' preference in public employment law is also a violation under Oregon civil rights law.
A person claiming a violation with regard to the Oregon veterans' preference law may file a verified written complaint with the Civil Rights Division of the Bureau of Labor and Industries. The Civil Rights Division may be contacted at 971-673-0761. A civil rights complaint form can also be downloaded from the Bureau's website at www.oregon.gov/boli.
The Technical Assistance for Employers unit offers employer seminars, handbooks, and other materials covering a number of topics. For additional information, visit our website at www.oregon.gov/boli/ta or call our Employer Assistance line.
Technical Assistance for Employers
Bureau of Labor and Industries
800 NE Oregon Street, Suite 1045
Portland, OR 97232
(971) 673-0824
These materials were prepared as a general summary and teaching guide. The mission of the Technical Assistance for Employers Program is to promote compliance with civil rights and wage and hour laws through education. Technical Assistance does not provide legal advice. In order to determine the legality of any matter or to protect your legal rights, you should contact an attorney. Check the yellow pages of your telephone directory or contact the Oregon State Bar Lawyer Referral Service at 1-503-684-3763 OR 1-800-452-7636.
THIS INFORMATION IS AVAILABLE IN AN ALTERNATE FORMAT
(Updated August 2009)
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