Veterans


Frequently Asked Questions

OVERVIEW

The U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS) assists veterans, reservists, and National Guard members in securing employment; promotes equal employment opportunity on behalf of veterans who have served on active duty during a war or in a campaign or expedition; and advises on the rights and responsibilities of reservists and National Guard members who are called to active duty under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The Office of Federal Contract Compliance Programs (OFCCP) has the responsibility of assuring that employers doing business with the federal government comply with the equal employment opportunity (EEO) and the affirmative action provisions of their contracts. OFCCP administers and enforces two equal employment opportunity programs that protect veterans and apply to federal contractors and subcontractors: Section 503 of the Rehabilitation Act of 1973 (as it may apply to disabled veterans) and the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) of 1974.

  • Reemployment Rights

Certain persons who serve in the armed forces have a right to reemployment with the employer they were with when they entered service. This includes those called up from the reserves or National Guard.

  • Veterans Preference for Employment

Veterans and other eligible persons also have special employment rights with the federal government. They are provided preference in initial hiring and protection in reductions in force. Claims of violations of these rights are investigated by the Veterans’ Employment and Training Service. Preference applies in hiring for virtually all jobs, whether in the competitive or excepted service.

Veterans who are disabled or who served on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over others in hiring for virtually all federal government jobs.

  • Equal Employment Opportunity

All federal contractors and subcontractors with contracts exceeding specific thresholds must take affirmative action to hire and promote qualified targeted veterans. In addition, each year they are required to file a VETS-100 report which shows the number of targeted veterans in their workforce by job category, hiring location, and number of new hires.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION - Reemployment Rights

BASIC INFORMATION - Equal Employment Opportunities and Veterans Preference

FACT SHEETS

  • VEVRAA Fact Sheet - Provides information on the protected employment rights of Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

  • Job Rights for Veterans and Reserve Component Members - Provides information to all veterans having claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

  • Veterans’ Preference - Provides information to disabled veterans and those who served on active duty in the Armed Forces during certain specified time periods or in military campaigns. These individuals are entitled to preference over non-veterans both in federal hiring practices and in retention during reductions in force.

  • Employment Services for Veterans - Provides information to eligible veterans on employment and training services.

  • Federal Contractor Program - Provides information on affirmative action designed to hire and promote special disabled veterans, veterans of the Vietnam era, recently separated veterans, and any other veterans who served on active duty during a war.

E-TOOLS

POSTERS

RECORDKEEPING

Federal contractors are required to preserve any personnel or employment records made or kept by the contractor for two years from the date of the making of the personnel record or the personnel action, whichever occurs later. Examples of records that must be maintained include but are not limited to: job descriptions; job postings and advertisements; records of job offers; applications and resumes; interview notes; tests and test results; written employment policies and procedures; and personnel files. Contractors with fewer than 150 employees or who do not have a government contract of at least $150,000 only need to keep records for one year.

  • VETS-100 - Federal contractors and subcontractors with a federal contract of $25,000 or more, entered into before December 1, 2003, are required to complete an annual report showing the numbers of qualified special disabled veterans, veterans of the Vietnam era, and any other protected veterans hired or employed during the reporting period. Note that the Job for Veterans Act (JVA) has amended VEVRAA, changing the VETS-100 reporting requirements for contracts entered into on or after December 1, 2003. These changes (1) raise the reporting threshold from $25,000 to $100,000, and (2) modify the categories of covered veterans in the report. Any contractor or subcontractor whose only federal contract is a contract of $100,000 or more entered into on or after December 1, 2003, is not required to file a VETS-100 report until new regulations are published by DOL's Veterans' Employment and Training Service (VETS) implementing these changes.

APPLICABLE LAWS AND REGULATIONS

  • Uniformed Services Employment and Reemployment Rights Act (USERRA) - Mandates that certain persons who serve in the armed forces have a right to reemployment with the employer they were with when they entered service. This includes those called up from the reserves or National Guard.

  • 20 CFR Part 1002 - Final regulations issued December 19, 2005 that implement the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA). This rule, which explains the employment and reemployment rights and benefits of service members who are returning to civilian life, is effective on January 18, 2006.

  • 20 CFR Part 1002 - Final regulations issued December 19, 2005 that implement the notice requirements of the Veterans Benefits Improvement Act of 2004 (VBIA). This rule is effective on January 18, 2006 and replaces the interim final rule of March 10, 2005.

  • Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (VEVRAA) - Requires that contractors and subcontractors with a federal contract or subcontract in the amount of $100,000 or more, entered into on or after December 1, 2003, for the purchase, sale, or use of personal property or non-personal services (including construction), take affirmative action to employ and advance in employment qualified covered veterans. Disabled veterans, recently separated veterans (veterans within 3 years of their discharge or release from active duty), veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized (referred to as “other protected veterans”), and Armed Forces service medal veterans are covered veterans under VEVRAA.

    Prior to amendments made by the Jobs for Veterans Act (JVA), VEVRAA applied to contracts in the amount of $25,000 or more, and covered other categories of veterans. The JVA amendments apply only to contracts entered into on after December 1, 2003. For contracts or subcontracts of $25,000 or more, entered into before December 1, 2003, VEVRAA requires contractors to employ and advance in employment qualified disabled veterans, veterans of the Vietnam era, recently separated veterans (veterans within 1 year of their discharge or release from active duty), and other protected veterans.

  • 41 CFR Part 60-250 - Regulations implementing the equal employment opportunity laws pertaining to veterans.

  • Section 503 of the Rehabilitation Act of 1973 - Prohibits discrimination and requires affirmative action in the employment of qualified individuals with disabilities.

  • 41 CFR Part 60-741 - Regulations concerning nondiscrimination and affirmative action obligations regarding individuals with disabilities.

  • 41 CFR Part 61-250.10 - Regulations describing the reporting requirements of contractors and subcontractors who enter into a contract in the amount of $25,000 or more with any department or agency of the Unites States for the procurement of personal property and non-personal services (including construction).

  • 20 CFR 1001.100 - Regulations describing the Department of Labor’s responsibility to provide eligible veterans and eligible persons the maximum of employment and training opportunities, with priority given to the needs of disabled veterans and veterans of the Vietnam era.

RELATED TOPICS AND LINKS

DOL CONTACTS*

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.