51 Pa.C.S. Ch. 72

51 Pa.C.S. § 7201 Scope of chapter.

This chapter relates to private employer's veterans' preference policies.

51 Pa.C.S. § 7202 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "DD214." A United States Department of Defense Report of Separation Form 214 or a similarly effective form issued by the Department of Defense relating to separation from military service. "DD215." A United States Department of Defense Incomplete Awards, Decorations and Discharges Form 215 or a similarly effective form issued by the Department of Defense to correct errors or make additions to a DD214 in order to ensure that the veteran has accurate discharge documentation. "Discharge papers or separation documents." A DD214, DD215 or NGB-22. "NGB-22." A National Guard Bureau Report of Separation and Record of Service Form 22 or a similarly effective form issued by the National Guard Bureau relating to separation from military service, specifically in the National Guard. "Private employer." A sole proprietor, corporation, partnership, limited liability company or any other legal entity, including nonprofits, with more than one employee. "Soldier." (Deleted by amendment). "Spouse of a disabled veteran." The spouse of a veteran who has been classified by the United States Department of Veterans Affairs' Veterans Benefits Administration as having a permanent total disability and is a United States citizen. "Surviving spouse." An unmarried spouse of a deceased veteran or of a service member who died on active duty in the United States Armed Forces, including a reserve component or National Guard. "Under conditions other than dishonorable." A condition in which a recipient of a discharge from service is any of the following: (1) A recipient of an honorable discharge. (2) A recipient of a general, under honorable conditions, discharge. (3) A recipient of a discharge under other than dishonorable conditions for which the recipient has been determined to be eligible for benefits afforded by the United States Department of Veterans Affairs. "Veteran." The term includes: (1) An individual who served, as evidenced by the veteran's discharge papers or separation documents, or hereafter serves in any of the following: (i) in the armed forces of the United States, including a reserve component or National Guard, has completed their initial contractual military service obligation and their last discharge or release was under conditions other than dishonorable; (ii) in the armed forces of the United States, including a reserve component or National Guard, has served during a period of war or armed conflict as determined by the United States Department of Defense, has completed a tour of active duty for purposes other than training, was released from that period of active duty under conditions other than dishonorable and continues to serve; (iii) in the armed forces of the United States, including a reserve component or National Guard, has completed an initial contractual military service obligation and continues to serve; or (iv) in the armed forces of the United States, including a reserve component or National Guard, whose last discharge was due to a disability and under conditions other than dishonorable. (2) An active duty member of the armed forces of the United States who is completing a tour of active duty that is three years or more and is within 90 days of an approved discharge or release, as evidenced by documentation of the projected discharge or release from active duty under conditions other than dishonorable. "Veterans' preference employment policy." A voluntary policy adopted by a private employer for hiring, promoting or retaining a veteran, a spouse of a disabled veteran or a surviving spouse over another qualified applicant or employee. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days; July 7, 2022, P.L.474, No.44, eff. 60 days) 2022 Amendment. Act 44 amended the defs. of "surviving spouse" and "veteran" and added the def. of "under conditions other than dishonorable."

51 Pa.C.S. § 7203 Veterans' preference private employment policy.

(a) Authority.--A private employer may adopt and apply a veterans' preference employment policy. (b) Policy.--A veterans' preference employment policy shall: (1) be in writing; (2) require the inclusion of a statement in any job posting that indicates that the employer has and applies a veterans' preference employment policy; (3) be provided to the applicant at time of hiring and provided to all employees on an annual basis; and (4) be applied uniformly to employment decisions regarding: (i) the hiring of new applicants; (ii) the promotion of current employees; and (iii) the retention of employees during a reduction in the work force.

51 Pa.C.S. § 7204 Eligibility for preference.

A veteran, spouse of a disabled veteran or surviving spouse shall submit the discharge papers or separation documents of the veteran to a private employer with a veterans' preference employment policy for consideration by the employer. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)

51 Pa.C.S. § 7205 Nonviolation of equal opportunity laws.

A voluntary veterans' preference employment policy adopted and applied in accordance with this chapter shall not be considered a violation of any State or local equal employment opportunity law.