Veterans' Preference Act - Veterans' Preference Act of 1944

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.