Today 39 states, including Oklahoma, have laws allowing private employers to voluntarily give preference to veterans in hiring, promotion, and retention decisions. Private employers have myriad reasons for choosing to give preference to veterans in employment decisions, including a commitment to honoring the service and sacrifice of service members, state and federal tax incentives, federal contractor affirmative action requirements, or valuing military skills and experience and their applicability to the private workplace. So, if your organization is interested in considering such a preference, here’s how:
First, you will have to decide how broadly to apply such a preference. Will it apply solely to hiring or to other employment decisions such as promotions or retention (such as during a RIF)? Companies have flexibility in how broadly or narrowly to implement the preference.
Second, will you require veterans to submit a Form DD 214 in order to be eligible for the preference? Oklahoma’s statute does not mandate that employers confirm veteran status through the DD 214 (or any other record), but the DD 214 is a method regularly used by employee to verify such status.
Third, you will need to reduce your approach to writing – at least in Oklahoma. 40 O.S. section 801 mandates that private employers implementing veterans’ preferences must put the policy in writing.
Finally, you will have to decide how you are going to communicate your preference policy. Will you mention it on your website, include it in job advertisements, implement outreach to veterans’ organizations or take other steps? These options and others will allow your organization to take full advantage of your new policy.
Note: the statutes permitting employers to implement veterans’ preferences vary from state to state. Non-Oklahoma and multi-state employers should confirm specific state requirements when implementing such a policy. If you have questions, please contact Michael Bowling or another member of the firm’s Labor & Employment Practice Group.