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Maryland Expands Veterans Eligible for Employment Preferences

Summary At a Glance

  • Beginning October 1, 2026, Maryland expands the veterans who may qualify for an employer’s hiring or promotion preference by allowing eligibility for veterans with a discharge status other than dishonorable.
  • Maryland law permits, but does not require, employers to establish a veterans’ preference program and does not establish an employee-count threshold for the preference provision.
  • Employers that provide a preference should review their eligibility criteria and apply the preference consistently to otherwise qualified individuals.
  • Policies, applications, internal forms, and hiring procedures that define veteran eligibility should be updated before the effective date.

Beginning October 1, 2026, Maryland will expand the definition of an “eligible veteran” for purposes of employer hiring and promotion preferences. Under the amended law, an eligible veteran includes a veteran who received a discharge status other than dishonorable or a certificate of satisfactory completion of service. Previously, the law required an honorable discharge or certificate of satisfactory completion of service. The definition also includes specified reserve component service and service in the Commissioned Corps of the Public Health Service and the Commissioned Corps of the National Oceanic and Atmospheric Administration.

Maryland law permits employers to provide a hiring or promotion preference to:

  • An eligible veteran;
  • The spouse of an eligible veteran who has a service-connected disability;
  • The spouse of an active service member; or
  • The surviving spouse of a deceased eligible veteran.

The law does not require employers to establish a veterans’ preference program. Employers that already provide, or plan to implement, a preference should ensure their eligibility criteria are consistent with the amended definition of an eligible veteran.

Employers should continue to evaluate applicants and employees using objective, job-related qualifications and apply any veterans’ preference consistently among individuals who otherwise qualify for the position. Employers should also ensure that the preference is not used as a basis for assumptions or employment decisions involving sex, race, disability, age, or another protected characteristic.

Maryland law expressly provides that granting a hiring or promotion preference authorized under the statute does not violate state or local equal employment opportunity law.

Employment decisions must continue to comply with other applicable federal, state, and local equal employment opportunity requirements.

  • Review Veterans’ Preference Policies. Employers that provide hiring or promotion preferences should review their policies and update the definition of an eligible veteran to reflect the expanded discharge standard before October 1, 2026.
  • Review Applications and Hiring Materials. Update employment applications, recruiting materials, or internal forms that define which veterans are eligible for a preference.
  • Train Hiring Personnel. Ensure recruiters, hiring managers, and human resources personnel understand the expanded definition of an eligible veteran and the categories of individuals who may receive a preference.
  • Apply the Preference Consistently. Maintain a consistent process for determining eligibility and applying the preference during hiring and promotion decisions.

For additional information, employers may review Maryland Chapter 490 (HB 721), Uniformed Services Spouses Act.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.