Quick Hits
- Effective January 1, 2027, private employers in Alabama may voluntarily adopt written hiring and promotion preference policies for veterans, spouses of veterans, and spouses of active-duty service members.
- Employers that implement such policies must notify the Alabama Department of Workforce.
- The Alabama law’s definitions of veterans and active-duty service members may be narrower than those under USERRA.
HB 307
On April 16, 2026, Alabama Governor Kay Ivey signed into law House Bill (HB) 307, Act No 2026-574, titled, “Expanding Employment Opportunities for Military Families in Alabama,” along with a broader package of legislation intended to assist military families. HB 307 replaces former Alabama Code Section 36-226-15 and takes effect on January 1, 2027.
While the new law primarily applies to access to state employment for uniformed service personnel, Section 3 of the law permits private employers to adopt voluntary hiring preference policies for veterans, spouses of veterans, and spouses of active-duty service members.
Any such voluntary policy must be in writing and uniformly applied to the hiring and promotion decisions of the employer. HB 307 also provides that any such policy will apply to veterans who can provide proof of service and honorable discharge via DD 214 (Certificate of Release or Discharge from Active Duty) forms, spouses of veterans who can provide relevant DD 214s and proof of marriage to eligible veterans, and spouses of active-duty service members who can provide proof of the active-duty status and proof of marriage to the active-duty service members. Any preference afforded to the spouse of an active-duty service member is “limited to the time during which the service member remains on active duty and up to 180 days after the service member’s discharge or separation from service.” The statute provides no details on how the hiring preferences in these voluntary programs should be structured.
Any private employer that voluntarily implements such a policy must notify the Alabama Department of Workforce (ADOW), which is directed to use that information to create a registry of employers that have voluntary veterans’ preference employment policies. ADOW is required by HB 307 to make this registry publicly available on its website, and to establish and maintain a page on its website through which employers may provide this information. Any such voluntary veterans’ preference policy shall not be considered a violation of “any state or local law.” Title VII of the Civil Rights Act of 1964 provides a carveout for veterans’ hiring preferences, so implementing such a policy is unlikely to constitute a violation of Title VII, 42 U.S.C. § 2000e-11 (1982).
HB 307 and USERRA
Interestingly, HB 307’s application to veterans and active-duty service members may be more limited than as defined by the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). HB 307 defines an “active-duty service member” as “[a]n individual who is on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States.” Likewise, HB 307 defines an “eligible veteran” as “[a]n individual who has ever served in the National Guard or a reserve or active component of the Armed Forces of the United States and been honorably discharged.” By contrast, USERRA broadly defines “service in the uniformed services” to encompass HB 307’s definitions, as well as service in State active duty, the National Urban Search and Rescue Response System, and the Federal Emergency Management Agency under certain circumstances.
Staying Informed
Ogletree Deakins’ Military Workforce Practice Group will continue to monitor developments and will provide updates on the Alabama and Employment Law blogs as additional information becomes available.
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