Yes. While the Americans with Disabilities Act (ADA) prohibits discrimination “against a qualified individual with a disability because of the disability of such individual,” the ADA neither prohibits nor requires affirmative action on behalf of individuals with disabilities. An employer may, but is not required to, hire a qualified individual with a disability (including a veteran with a service-connected disability) over a qualified applicant without a disability.

There are specific rules and regulations that govern the hiring of veterans by federal employers. Federal agencies are allowed to use “special hiring authorities” to hire individuals with disabilities outside the normal competitive hiring process, and sometimes are even required to giver preferential treatment to veterans, including disabled veterans, in making hiring, promotion or other employment decisions. The U.S. Office of Personnel Management has a question and answer guide covering such employment decisions.

Even where employers do not specifically recruit veterans with service-connected disabilities, they should make sure that there is nothing in a job announcement or on an application form that would discourage anyone with a disability from applying. For example, employers should not state in vacancy announcements that applicants must be in “excellent health” or describe how a function must be performed (e.g., “requires extended standing”) but, instead, should describe the actual function to be performed (e.g., “requires frequent lifting of objects that weight more than 50 pounds”). Often, reasonable accommodations are available that will allow a veteran with a service-connected disability to perform a function in a way that is different from the way it is typically done.

Source: EEOC Questions and Answer Guide: “Employer’s Guide: Veterans with Service-Connected Disabilities in the Workplace,” reported in the CCH Employment Practices Guide, New Developments ¶5268.