How to treat veteran applicants

Schools under Arkansas law must give veterans a preference when hiring, but they don’t have to hire an unqualified one. Sounds fair, right?

Most Americans would want to give military veterans more than an equal opportunity to land a job for which they are well qualified, but they also want to hire the best available applicant regardless of their military or civilian background.

How can school districts meet both objectives? Fortunately, the law is on their side.

Thanks to legislation passed by Arkansas lawmakers in 2013, K-12 school districts have joined other government entities that must give veterans a preference when hiring, though not for promotion or retention. Preferences go to veterans who are Arkansas citizens and have substantially similar qualifications as other applicants, and also to surviving but not remarried spouses of deceased veterans.

A “veteran,” by the way, is not just anyone who has worn the uniform. Instead, they must be honorably discharged from active duty or after spending at least six years in the Reserves or National Guard.

by Jay Bequette ASBA General Counsel

As stated earlier, schools are not required to hire a veteran over a substantially more qualified candidate. The law will not force any school district to hire an unqualified veteran, no matter how decorated, or move someone from the bottom of the candidate list to the top. Instead, they should create a rubric with points added for being a veteran. Veteran status should be one of several items that generate a numerical score. The rubric should disqualify all applicants who don’t meet the job criteria, including veterans. School districts can tailor their rubric to their own needs, and the rubric can be different for different positions. School districts should require proof that applicants actually are veterans, apply their rubric, and interview only the high scoring candidates.

The law is silent on how to do all this, and there are no state sanctions or private causes of actions available for veterans who don’t benefit from a preference. In other words, a veteran cannot sue you if you didn’t give them preferential treatment.

On the other hand, a school district that fails to hire a well-qualified veteran could create terrible public relations for itself and invite a potentially unpleasant legislative and political response (and a lot of negative comments on Facebook and Twitter). One way school boards can protect themselves is to follow administration recommendations in all hires, but especially when one of the candidates is a veteran.

I am not a veteran, but my son served as a U.S. Army Ranger in Iraq. He would tell you the same thing that many veterans would tell you: They didn’t fight for a handout – for themselves or for anyone else.

They did, however, fight to ensure a fair shake for everyone. Considering all that veterans have done for the rest of us, giving a well-qualified one some extra points for a job opportunity seems plenty fair.

The law not only allows it but requires it, and frankly, it’s an easy order to obey.