Public Sector Veterans Preference
Nebraska Law requires that a preference shall be given to preference eligibles seeking employment with the State of Nebraska or its governmental subdivisions. Such preference includes initial employment, reassignment, a transfer to a new position, and a return to employment with the State of Nebraska or its governmental subdivisions if termination of previous employment was for other than disciplinary reasons.
Preference eligibles with passing scores on all parts of an examination or numerical scoring shall have five (5%) percent added to their passing score if a claim for such preference is made on the application. An additional five (5%) percent shall be added to the passing score or numerical scoring of any disabled veteran. Such preference must also be given to the spouse of a service member during the time in which the service member serves on active duty and up to one hundred eighty days after the service member’s discharge or separation from service; to the spouse of a veteran with a one-hundred percent (100%) permanent disability as determined by the United States Department of Veterans Affairs; and to the spouse of a veteran who was killed in the line of duty or died due to his or her military service.
When no examination or numerical scoring is used, the preference shall be given to the preference eligible if two or more equally qualified candidates are being considered for the position. If two or more preference eligibles are being considered for the position, the veterans preference shall be applied equally to all such preference eligibles.
All notices of positions of employment available for Veteran’s Preference and all applications for such positions shall state that the position is subject to a Veteran’s Preference. Veterans that applied and are not hired shall be notified by phone, mail or e-mail that they have not been hired and shall be advised of any administrative appeal available.
Private Sector Voluntary Veterans Preference
The Nebraska Legislature passed LB 272 in 2015, creating the Voluntary Veterans Preference Act. The Act provides private sector employers having a veteran’s preference policy the opportunity to be listed on the Nebraska Dept. of Labor’s Voluntary Veterans Preference Registry. Employers listed on the registry may implement veteran’s preference policies without having to be concerned that hiring decisions may violate a state or local equal employment opportunity law.
Neb. Rev. Stat. §48-238 (5) states that, “A voluntary veterans preference employment policy shall not be considered a violation of any state or local equal employment opportunity law including the Nebraska Fair Employment Practice Act.”
Any private employer with a Voluntary Veterans Preference policy may register with the Nebraska Department of Labor by clicking on the link above. A registry of the employers and policies is available for review online.
Veterans Preference Fact Sheet
Register for Voluntary Veterans Preference