§ 1–607.03. Veterans preference in employment.

(a) For appointment under the provisions of subchapters VIII and VIII-A of this chapter, persons who have served on active duty in the armed forces of the United States for more than 180 consecutive days, not including service under honorable conditions as provided under § 511(d) of Title 10 of the United States Code [transferred; see now 10 U.S.C. § 12103] and have separated from the armed forces under honorable conditions may receive an additional 5 points on any register established under the authority of subchapters VIII and VIII-A of this chapter.

(b) A person entitled to preference points, as provided in subsection (a) of this section, shall receive an additional 5 points if he or she has separated from the armed forces under honorable conditions, and has established the presence at the time of appointment of a service-connected disability or is receiving compensation, disability retirement benefits, or pensions because of a public law administered by the Veterans Administration or a military department.

(c) Any employee of the District government who, on January 1, 1979, was entitled to veterans preference under federal law, shall continue to be entitled to such veterans preference under this chapter.

(d) The Mayor is authorized to develop procedures for the consideration of granting veterans preference, as provided in this section, to persons who served in the armed forces but were less than honorably discharged. Such persons may be entitled to the preference afforded by this section at the time of initial appointment if they show, to the satisfaction of the Mayor, that they have been discriminated against in violation of those rights guaranteed in § 1-601.01(2) and this subchapter. No appeal shall be available to any person not afforded a veterans preference under the provisions of this subsection.

(e) Except for the appointment preferences provided in subsections (h), (i), (j), and (k) of this section, no person shall receive any appointment preference after 5 years from the date of separation from the armed forces of the United States.

(f) No person entering the armed forces of the United States after October 14, 1976, shall receive any preference unless the person served in the armed forces of the United States during time of war.

(g) No person retiring from the armed forces of the United States shall receive any preference.

(h) The surviving spouse or surviving domestic partner who has not subsequently married or entered into a domestic partnership of a veteran shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. §§ 2108(3)(D) and 3309(1).

(i) The spouse or domestic partner of a service-connected veteran with a disability shall be accorded the same preference in appointment as would be accorded to her or him in the federal service pursuant to 5 U.S.C. §§ 2108(3)(E) and 3309(1).

(j) A person classified as 30 percent or more disabled under subsection (b) of this section shall receive an appointment preference as provided in that subsection.

(k) A person who served during the Vietnam conflict, who has a discharge of other than dishonorable, shall receive an appointment preference for a period not to exceed 10 years from May 19, 1982.

(Mar. 3, 1979, D.C. Law 2-139, § 703, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(f), 27 DCR 2632; May 19, 1982, D.C. Law 4-107, §§ 2, 3, 29 DCR 1410; Apr. 24, 2007, D.C. Law 16-305, § 3(c), 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231, § 3(b), 55 DCR 6758.)

Prior Codifications

1981 Ed., § 1-607.3.

1973 Ed., § 1-337.3.

Effect of Amendments

D.C. Law 16-305, in subsec. (i), substituted “veteran with a disability” for “disabled veteran”.

D.C. Law 17-231, in subsec. (h), substituted “surviving spouse or surviving domestic partner who has not subsequently married or entered into a domestic partnership” for “unmarried widow or widower”; and, in subsec. (i), substituted “spouse or domestic partner” for “wife or husband”.

References in Text

“ Section 511(d) of Title 10 of the United States Code,” referred to in (a), was recodified as sections 3571 and 8571 of Title 10. These sections were subsequently repealed, and present similar provisions may be found at 10 U.S.C. § 741.