(CN) – A partially disabled veteran was improperly passed over for an auditor’s job at the Department of Defense, the Federal Circuit ruled.
Stephen Gingery is a veteran with a 30 percent disability. He ranked in the highest category of potential employees that the federal government could hire for the Federal Career Intern Program. Instead, two auditor positions went to non-preferred employees.
The Office of Personnel Management (OPM) is only allowed to pass over a preferred worker for a reason, and it must inform the worker in writing of its actions and reasoning.”
Judge Moore overturned the Merit Systems Protection Board’s decision that Gingery’s rights were not violated.
“We conclude that OPM’s passover regulation is invalid … because it provides 30 percent or more disabled veterans with less protection than Congress guaranteed them,” Moore wrote. “Mr. Gingery’s veterans’ presence rights were violated.”