Certification of Peace Corps Response Volunteers for Noncompetitive Eligibility for Federal Employment Under Executive Order 11103

OLCJanuary 9, 2013

Case Details

Status: Published
Procedural Posture: Office of Legal Counsel (OLC) advisory opinion

Related Laws

No specific laws identified for this ruling.

Outcome

Legal opinion determining that the Peace Corps Director cannot certify PCRVs serving 3-12 months for noncompetitive federal employment eligibility under Executive Order 11103, which defines full service as approximately two years.

Excerpt

Under Executive Order 11103, which describes a "full term of service" as "approximately two years" for purposes of noncompetitive eligibility for federal employment, the Director of the Peace Corps may not issue certificates of satisfactory service to volunteers in the Peace Corps Response program ("PCRVs") who serve between three and twelve months. The Director may not issue certificates of satisfactory service to PCRVs under the exception in Executive Order 11103 for those who do not complete a full term "due to circumstances beyond their control."

What This Ruling Means

**What Happened** This case involved a legal question about whether Peace Corps Response Volunteers (PCRVs) who serve shorter assignments could receive special job benefits when applying for federal government positions. PCRVs typically serve between 3-12 months, which is much shorter than regular Peace Corps volunteers who serve about two years. The issue was whether these shorter-term volunteers could get certificates that would help them get hired for federal jobs without going through the normal competitive application process. **What the Court Decided** The legal opinion determined that the Peace Corps Director cannot issue certificates of satisfactory service to PCRVs who serve only 3-12 months. Under Executive Order 11103, volunteers must complete "approximately two years" of service to qualify for noncompetitive eligibility when applying for federal jobs. Since PCRVs serve much shorter terms, they don't meet this requirement. **Why This Matters for Workers** This decision clarifies an important employment benefit for Peace Corps volunteers. Workers considering Peace Corps service should understand that only traditional two-year volunteers will receive the special hiring advantage for federal jobs afterward. PCRVs, despite their valuable service, won't get this same competitive edge when seeking federal employment.

This summary was generated to explain the ruling in plain English and is not legal advice.

OLCJan 2010

The Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, who was acting in an administrative capacity under the Court's employment dispute resolution plan when he issued an order to the Office of Personnel Management, lacked the authority to direct OPM in its administration of the Federal Employees Health Benefits Program. Accordingly, OPM is not legally required to comply with the directives in the order.

Defendant Win

Read Full Opinion More Peace Corps Rulings All Rulings

Browse Related

Other government employers

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

Check Your Rights Learn the Basics

This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.