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MSPB Protects Veterans’ Employment Rights

MSPB Protects Veterans’ Employment Rights

September 11, 2007 – Albany, NY –The Merit Systems Protection Board recently issued a decision which forced the Department of State to reconstruct their hiring selection process and waive the maximum entry age requirement for the position of Special Agent in its elite Bureau of Diplomatic Security (DS). DS is the leading agency in the United States for cases of international terrorism. This decision marks further advancement in the government’s treatment and acknowledgment of veterans’ rights within recent weeks.

In Isabella v. Department of State, Robert P. Isabella applied for the position of Special Agent, for which the description specified a maximum age of 37 for a successful applicant. When Isabella applied for the position, he was 36. However, after he turned 37, the agency stopped processing his application. The Board found that under the Veterans Employment Opportunities Act of 1998 (VEOA), the Department of State had violated Isabella’s rights related to veterans’ preference.

“This is just another egregious example of the Department of State discriminating against veterans. In my opinion, with the exception of the United States Department of Justice, no other federal agency treats veterans as poorly as the Department of State does. I fault the Secretary of State with creating and fostering this anti-military environment within her agency,” said Mathew B. Tully, the attorney for Isabella and founding partner of Capital Region law firm Tully Rinckey, PLLC.

With both of the firm’s partners as veterans, Tully Rinckey, PLLC has a unique vision and understanding of veteran’s rights. The firm is one of the few in the country dedicated to preserving the rights afforded to those through their military service. Most recently, the firm won two landmark federal cases in the United States Court of Appeals which will impact up to 300,000 military reservists.


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