News Release

Court of Appeals Upholds Scoring System Established by the U.S. Office of Personnel Management Protecting Veterans' Preference

Washington, D.C. - The Court of Appeals for the Federal Circuit has upheld OPM's scoring system for its Administrative Law Judge competitive examination. In doing so, the court upheld OPM's application of veterans' preference.

OPM argued that the system meets all of the requirements of the merit system and respects the preference that Congress gives those who have served our nation in the armed forces.

"This decision preserves OPM's ability to give federal agencies the flexibilities they need to hire the best qualified applicants quickly and efficiently," said OPM Director Kay Coles James. "In particular, it allows OPM to ensure that the competitive hiring system protects veterans' preference, thus maintaining the spirit, as well as the letter, of the law."

The scoring system awards a passing grade to all applicants who are minimally qualified for Administrative Law Judge positions by virtue of bar membership, and seven years of relevant legal experience. In addition, applicants receive additional points based on their performance in an interview, a written demonstration, a statement of supplemental qualifications, and personal references. OPM then adds additional points to the scores of applicants who are veterans to reward them for their service and sacrifice.

The decision by the court also holds that OPM's system is consistent with the spirit of regulations governing the merit system, promotes the efficiency of the government, and preserves the integrity of the competitive civil service.

*The case cited is Meeker v. Merit Systems Protection Board.

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OPM oversees the federal work force and provides the American public with up-to-date employment information. OPM also supports U.S. agencies with personnel services and policy leadership including staffing tools, guidance on labor-management relations and programs to improve work force performance.

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