5 USC 3504 - Preference eligibles; retention; physical qualifications; waiver

U.S Code last checked for updates: Jun 13, 2026

§ 3504.

Preference eligibles; retention; physical qualifications; waiver

(a)

In determining qualifications of a preference eligible for retention in a position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—

(1)

requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and

(2)

physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.

(b)

If an examining agency determines that, on the basis of evidence before it, a preference eligible described in

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 95–454, title III, § 307(g), title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1149, 1224.)

cite as: 5 USC 3504