Chapter 7

Veterans Preference / Equal Employment Opportunity

Chapter 7

Overview

Veterans Preference / Equal Employment Opportunity

Preference in employment and reduction-in-force for veterans, and affirmative action policy in employment.

Chapter 7

Active Issuances

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Sexual Harassment Reports and Investigations
Effective: Dec. 31, 2019

NOTE: This issuance supersedes DPM issuance No. I-2018-8, Sexual Harassment Reports and Investigations, dated April 25, 2018. The District of Columbia government is committed to maintaining a safe ...

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Call for Hire: D.C. Government Veterans Hiring Program
Effective: Nov. 15, 2019

The District of Columbia government appreciates and recognizes the sacrifices made by our service members and their families. Despite this sacrifice, many veterans struggle to find civilian employment...

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Clarification: Veterans Preference in Appointment
Effective: Aug. 15, 2012

The purpose of this instruction is to remind pertinent staff in agencies under the personnel authority of the Mayor that, except as specified in this instruction, individuals hired in positions in the...

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Chapter 7

Provisions

Veterans Preference / Equal Employment Opportunity


700     Applicability


700.1    The provisions of these regulations apply to all DC Government agencies and career service employees.


701     Affirmative Action


701.1    All heads of agencies shall prepare an annual affirmative action plan for submission to the Mayor and City Council in accordance with the provisions of the Affirmative Action in District Government Employment Act (DC Law 1-63).

701.2    The head of each agency shall be responsible for the implementation of the affirmative action plan to assure that the hiring, training, and promotional goals have been met.

701.3    It is not to be considered an unlawful discriminatory practice to provide preferential treatment for a class or classes of employees or applicants for employment when such actions are taken in accordance with an approved affirmative action plan.


702     Provisions for Physically Handicapped and the Developmentally Disabled


702.1    The physically handicapped or developmentally disabled person may be examined to assure that his or level of skills is sufficient to meet minimal qualifications if:

  1. The qualification requirements are bona fide job-related qualifications;
  2. Such examination (including a medical examination) is to be conducted prior to entering on duty, provided that such a condition of employment would be applicable to all entering employees in a particular job, regardless of handicap or developmental disability; and
  3. Such examinations do not constitute preemployment medical examinations or preemployment inquiry of an applicant as to whether the applicant is a handicapped person or as to the nature of severity of the handicap.

702.2    All personnel decisions shall be made solely on the basis of merit and fitness without regard to the employee's physical handicap or developmental disability.


703     Veterans Preference


703.1    When used in this section, the following terms shall have the meaning ascribed:

Armed forces - The United States Army, Navy, Air Force, Marine Corps and Coast Guard.

Disabled veteran - An eligible veteran, as defined in this subsection, who has established a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public law administered by the Veterans Administration or a military department.

Disabled Vietnam veteran - A Vietnam veteran, as defined in this subsection, who has established a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public law administered by the Veterans Administration or a military department.

Discharge under honorable conditions - Either an honorable or general discharge from the armed forces. It does not apply to an honorable discharge given an enlisted person to allow commissioning as an officer without a break in service, and does not apply to an amnesty or clemency discharge.

Eligible spouse - The legal husband or wife (including by common law marriage if valid under the laws of the place where the parties lived at the time of the marriage) of a "disabled veteran," a "disabled Vietnam veteran," or a "30 percent disabled veteran," all as defined in this subsection, provided such veteran is disqualified, by reason of his or her service-connected disability, for appointment to a Federal civil service or District government position along the general lines of his or her usual occupation.

Eligible survivor - A person who was married to a veteran, as defined in this subsection, at the time of such veteran's death, and who has not subsequently remarried, unless such remarriage has been annulled, provided that such veteran's service in the armed forces was during a war, in a campaign or expedition for which a campaign badge has been authorized, or included any portion of the period from April 28, 1952 through July 1, 1955, and that such veteran either:

  1. Separated from the armed forces with an honorable or general discharge; or
  2. Died while on active duty under conditions which would not have been cause for separation with other than an honorable or general discharge.

Eligible Veteran - A veteran, as defined in this subsection, whose service in the armed forces was for more than 180 consecutive days, beginning on or before October 14, 1976, or, if in time of war, beginning on or after October 15, 1976, and who was separated with an honorable or general discharge. 

Preference eligible - A person who has been granted preference eligibility pursuant to § 703.7 below, or a person, other than one excluded by § 703.2 below, who is one of the following (all as defined in this subsection):

  1. A disabled veteran;
  2. A disabled Vietnam veteran;
  3. An eligible spouse;
  4. An eligible survivor;
  5. An eligible veteran;
  6. A 30 percent disabled veteran; or
  7. A Vietnam veteran.

Thirty percent (30 percent) disabled veteran - A disabled veteran or a disabled Vietnam veteran, both as defined in this subsection, with a classification from the Veterans Administration as being 30 percent or more disabled.

Veteran - A person who served on active duty in the armed forces of the United States, exclusive of active duty for training as a member of the Army or Air National Guard, or as a Reserve for service in the Army, Navy, Air Force, Marine, or Coast Guard Reserve.

Vietnam veteran - A veteran, as defined in this subsection, whose service in the armed forces was for more than 180 consecutive days, or included service in an area for which a campaign badge has been authorized, or included any portion of the period from August 5, 1964 through May 7, 1975, and who was separated with a discharge of other than dishonorable.

703.2    No eligible veteran or Vietnam veteran, both as defined in § 703.1 above, shall be a preference eligible if such person is retired from the armed forces.

703.3    No preference eligible shall receive any appointment preference except within the number of years as follows:

  1. An eligible veteran or disabled veteran: 5 years from date of separation;
  2. A 30% disabled veteran, eligible spouse, or eligible survivor: without time limitation; or
  3. A Vietnam veteran or disabled Vietnam veteran: 10 years form May 19, 1982.

703.4    (a) A preference eligible who becomes eligible for certification from the register by attaining a passing mark established for the examination by the Office of Personnel, shall be allowed one of the following credits:

  1. An eligible veteran or a Vietnam veteran: 5 points; or
  2. A disabled veteran, disabled Vietnam veteran, 30 percent disabled veteran, eligible spouse, or eligible survivor: 10 points.

(b)  The Office of Personnel shall place a preference eligible, who has qualified for a position by passing an entrance examination, on the register pursuant to his or her final score, including preference credits.

(c) Veterans preference credits are restricted to initial appointments with the District government, or new appointments following a break in service, except for reduction-in-force purposes as covered in § 703.8 below.

703.5    The Director of Personnel shall prescribe the means whereby persons applying for a position in the District government claim veterans preference.

703.6    The following documents shall be accepted as proof of the facts stated therein for the purpose of determining entitlement to preference eligibility:

  1. DD Form 214, Report of Transfer or Discharge;
  2. Certificates indicating Honorable Discharge or General Discharge under honorable conditions;
  3. Certificate of transfer to Fleet Naval or Marine Corps Reserve;
  4. Certificate of transfer to Enlisted Reserve Corps;
  5. Report of separation from Service Department, provided honorable separation is shown;
  6. Certificate of Satisfactory Service or release from active duty;
  7. Official statement from Service Department that honorable separation was effected; or
  8. Certification from the Veterans Administration indicating that the veteran has a service-connected disability.

703.7    In accordance with § 703(d) of DC Law 2-139 (DC Code § 1-607.3(d)), a person who would qualify as a preference eligible but for the fact of separation with other than an honorable or general discharge, may be entitled to veterans preference if he or she can show, to the satisfaction of the Mayor, that the discharge was the result of discrimination. The person claiming that the discharge was the result of discrimination shall submit such claim and supporting evidence to the Office of Human Rights, which shall investigate the matter and report to the Mayor its findings and recommendations. The decision of the Mayor shall be final.

703.8    For purposes of reduction in force, a preference eligible shall be defined in accordance with Federal law and regulations issued by the US Office of Personnel Management.

703.9    In accordance with § 703(c) of DC Law 2-139 (DC Code § 1-607.3(c)), any employee of the District of Columbia who was entitled to veterans preference under Federal law and regulations on January 1, 1979, and who has served continuously since that date without a break in service, shall be entitled to the same preference for the duration of his or her service.


704     Use and Validity of Selection Procedures


704.1    Selection procedures for applicants and employees shall be developed by the Office of Personnel and used as personnel assessment tools.

704.2    All procedures must be properly validated prior to their use.


705     Evidence of Validity of Selection Procedures


705.1    The procedures shall be job related and significantly correlated with the elements of work behavior required by the position.

705.2    The procedures when implemented shall not have an adverse impact on minority groups.


706     Selection Procedures and Discrimination


706.1    All selection procedures shall be designed on a non-discriminatory basis consistent with Title VII of the Civil Rights Act of 1964 and the Equal Employment Act of 1972.


707     Discrimination in Benefit Programs


707.1    Employees shall have full opportunity to participate in the health benefits, life insurance, and retirement programs on a non-discriminatory basis.


708     Disciplinary Action


708.1    Appropriate disciplinary action shall be taken against employees who violate the rules of this chapter.