Schedule A

Frequently Asked Questions (FAQs)

Does using Schedule A violate veterans' preference or the right to compete?

No. Although historically, this has been an area of confusion, using the Schedule A hiring authority does not violate veterans' preference or the right to compete. Veterans' preference applies only to the competitive service hiring process and offers eligible veterans additional points to their earned rating. In contrast, Schedule A is an excepted service hiring authority, so agencies may make appointments under Schedule A that are not subject to veterans' preference. Schedule A may be used even for positions that could also be filled in the competitive service. Furthermore, EEOC technical assistance states that an agency can hire a Schedule A candidate without posting a job announcement.

For appointments to the excepted service, agencies should follow veterans' preference principles "as far as administratively feasible." The U.S. Court of Appeals for the Federal Circuit and the MSPB, both of which adjudicate claims involving veterans' preference, have held that an agency may meet this requirement by considering veterans' preference as a "positive factor."

Certain veterans may not be denied the opportunity to compete for vacancies when an agency accepts applicants outside its workforce. However, agencies may use lists, such as OPM's ATP (https://agencyportal.usajobs.gov/ ), to recruit candidates outside an agency eligible for appointment under the Schedule A hiring authority without violating the right to compete.

Can an agency hire an employee under Schedule A without formally announcing the position in the competitive service?

Yes, an agency may hire an employee to a position that would ordinarily be in the competitive service by using Schedule A without formally announcing the position.

Furthermore, agencies may utilize resources like OPM's ATP to fill such positions by searching for applicants eligible under Schedule A.

Can Schedule A be applied to promote a current employee?

Yes, agencies may use Schedule A to promote a current employee. Further, such a promotion would not constitute a violation of the right to compete because an agency is not accepting applications from individuals outside its own workforce.

What constitutes a sufficient document for eligibility under Schedule A?

According to the regulations, agencies must require "appropriate documentation" for proof of disability. This documentation may be provided by a licensed medical professional, a licensed vocational rehabilitation specialist, or a Federal, State, District of Columbia, or U.S. territory agency that "issues or provides disability benefits." OPM provides sample letters (https://www.opm.gov/policy-data-oversight/disability-employment/getting-a-job/sampleschedaletters.pdf ) that an applicant may use.

Note these sample letters are not the only documentation that may constitute proof of disability.

Information provided from U.S. Equal Employment Opportunity Commission.