Hiring Issues

Hiring Veterans


Frequently Asked Questions

OVERVIEW

The U.S. Department of Labor (DOL) Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) promotes equal employment opportunity on behalf of specified categories of veterans protected by the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. The law also prohibits employers from discriminating against past and present members of the uniformed service and applicants to the uniformed service. The DOL's Veterans' Employment and Training Service (VETS) administers USERRA and also assists veterans, reservists, and National Guard members in securing employment.

In addition, the Office of Personnel Management (OPM) administers entitlement to veterans preference in federal employment and retention decisions on behalf of veterans who are disabled or who serve on active duty in the Armed Forces during certain specified time periods or in military campaigns.

Additional information on hiring veterans is available from the U.S. Department of Veterans Affairs (VA).

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

FACT SHEETS

E-TOOLS

POSTERS

RECORDKEEPING

Federal contractors are required to preserve any personnel or employment records made or kept by the contractor. 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 must keep these records for two years from the date of the making of the personnel record or the personnel action, whichever occurs later. Contractors with fewer than 150 employees or a contract of less than $150,000 have to keep records for only 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

  • 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 regarding the affirmative action obligations of contractors and subcontractors for qualified special disabled veterans and veterans of the Vietnam era.

  • 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.

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.