Questioning the Sacrosanct: How to Reduce Discrimination and Inefficiency in Veterans' Preference Law

19 Seattle Journal for Social Justice 39 (2020)

51 Pages Posted: 20 Apr 2021 Last revised: 21 Apr 2021

See all articles by Craig Westergard

Craig Westergard

Government of the United States of America - US Forest Service

Date Written: December 31, 2019

Abstract

Veterans’ preference law grants military veterans decisive advantages when applying for government positions. While rewarding veterans and assisting their transition back to civilian life may be worthy goals, veterans’ preference has at least two major defects. First, veterans’ preference disparately affects women, LGBT persons, disabled persons, and others because of the military’s traditional exclusion of these groups. Second, veterans’ preference unnecessarily reduces the quality of the federal workforce because it prioritizes military service over merit and competition. Potential statutory and constitutional solutions have been precluded by the courts, and so these problems persist. This Note recommends that Congress modify veterans’ preference by imposing limitations on its duration and usage; in the alternative, it suggests other ways in which veterans’ preference law might be improved.

Keywords: Veterans' Preference, Law, Discrimination, Efficiency, Federal, Government, Legislation

Suggested Citation

Westergard, Craig, Questioning the Sacrosanct: How to Reduce Discrimination and Inefficiency in Veterans' Preference Law (December 31, 2019). 19 Seattle Journal for Social Justice 39 (2020), Available at SSRN: https://ssrn.com/abstract=3821911

Craig Westergard (Contact Author)

Government of the United States of America - US Forest Service ( email )

1400 Independence Ave., SW
Madison, WI 87109
United States

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