United States Federal Circuit

In consolidated suits by a preference-eligible veteran who was passed over for hiring as an attorney at the Social Security Administration and the Department of Justice, the Merit Systems Protection Board's denial of the veteran's request for corrective action under the Veterans Employment Opportunities Act of 1998 is affirmed, as it is was not administratively feasible to apply the veterans’ "passover provisions" of 5 USC section 3318 to attorney hiring in the excepted service, and thus the Board did not err in concluding that the agencies were exempt from the provisions of 5 USC section 3318 and were not required to file written reasons with the Office of Personnel Management and seek its permission before selecting candidates other than the plaintiff.

Appellate Information

• Decided 01/13/2012
• Published 01/13/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Tara K. Hogan