Veterans in the Federal Workforce Gain Stronger Job Competition Rights

Veterans who continue serving our country as federal employees should not lose their rights to compete for career opportunities.

A recent decision from the U.S. Court of Appeals for the Federal Circuit clarified that eligible veterans do not lose certain rights under the Veterans Employment Opportunities Act (VEOA) simply because they already work for the federal government.

This could be especially important for NAGE members applying for promotions, transfers, or other federal career opportunities.

What Happened?

The case, Brimer v. Department of the Navy, involved a preference eligible veteran who was already a federal employee and applied for another federal position through a merit promotion announcement.

He was excluded from consideration.

The case raised an important question: Do veterans still have these job competition rights once they become federal employees?

The Federal Circuit said yes.

The court determined that eligible veterans do not lose their rights under VEOA simply because they have already entered federal service. This broader interpretation means current federal employment, by itself, should not prevent an eligible veteran from exercising VEOA rights when competing for certain positions.

What Does This Mean for NAGE Members?

NAGE represents federal employees across the country, including many veterans who have continued their public service in civilian careers.

For those members, the decision provides an important clarification.

When an agency fills certain positions under merit promotion procedures and accepts applications from outside its own workforce, eligible veterans may have a right under VEOA to compete even if they already hold a federal position.

This can be especially important for employees looking to advance their careers, move into new positions, or pursue opportunities at another federal agency.

What the Ruling Does Not Mean

The decision does not guarantee a promotion, transfer, or selection.

Employees must still meet the qualifications and applicable eligibility requirements for the position. The ruling protects the opportunity to compete when VEOA applies, not the outcome of that competition.

That distinction matters.

Know Your Rights

Federal hiring and promotion rules can be complicated, and employees may not always understand why they were excluded from consideration or found ineligible for a position.

If you are a veteran and believe you were improperly excluded from consideration for a federal position, save the vacancy announcement, application materials, eligibility notices, referral status, and any communications you receive from the agency.

Then contact your NAGE representative to discuss your rights and what options may be available.

For NAGE, keeping members informed about decisions like this is part of making sure federal employees understand the protections available to them as they build their careers in public service.

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