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| May 9, 2008 DOL Home > ESA > OFCCP Home > JVA Frequently Asked Questions |  |
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Jobs for Veterans Act Frequently Asked Questions Below you will find answers to frequently asked questions regarding the new part 60-300 regulations. The FAQs are arranged by "Subject and/or Program Area." If you have a question not answered here, you can email OFCCP at OFCCP-public@dol.gov. GENERAL ISSUES
JURISDICTION
JOB LISTING REQUIREMENTS
AFFIRMATIVE ACTION OBLIGATIONS
PROTECTED VETERANS
REPORTING REQUIREMENTS GENERAL ISSUES What is the purpose of the new part 60-300 regulations? The new rule implements changes to the nondiscrimination and affirmative action requirements of Federal contractors and subcontractors that are required by the Jobs for Veterans Act (JVA). The JVA amended the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) by raising the threshold dollar amount of covered Government contracts, changing the categories of veterans protected by the law, and changing the manner in which the mandatory job listing requirement is to be implemented. The final rule is the product of a lengthy deliberative process, including consideration of public input. When do the affirmative action program and mandatory listing provisions of the part 60-300 rule become effective? The mandatory listing and affirmative action program provisions of the final rule becomes effective September 7, 2007, thirty days after the date of publication in the Federal Register. Covered contractors must comply with the requirements of the new rule on that date. For example, contractors subject to the part 60-300 rule must list all employment openings occurring on or after September 7, 2007 using the requirements of the new regulations. The rule does not apply retroactively. When should Federal contractors covered by the Jobs for Veterans' Act (JVA) regulations begin inviting applicants to self-identify using the new categories of protected veterans? Contractors covered by the part 60-300 rule should begin using the new categories of protected veterans in their invitation to self-identify as soon as possible. OFCCP understands that many contractors have begun to take significant steps to develop and implement new data systems for extending to all applicants an invitation to self-identify as a veteran who may be covered under the JVA. Some contractors have delayed implementation due to the pending release of a DOL Veterans’ Employment and Training Service (VETS) final rule implementing the JVA amendments to the reporting requirements under VEVRAA. VETS has proposed to adopt a separate form for reporting information about the hiring and employment of veterans who belong to the categories protected under the JVA amendments and call it the Federal Contractor Veterans’ Employment Report VETS-100A (VETS-100A Report). A copy of the VETS proposed rule is available at http://www.dol.gov/vets/regs/fedreg/proposed/2006006759.pdf Accordingly, until the effective date of a final rule implementing the JVA amendments to the reporting requirements under VEVRAA, as a matter of enforcement discretion, OFCCP will not cite a contractor for non-compliance solely because it has not began inviting applicants to identify as a protected veteran using the new categories of protected veterans found in part 60-300. All contractors, regardless of whether they are covered by the part 60-250 or the part 60-300 regulations, should at a minimum continue to comply with the existing requirement to provide an invitation to self-identify found at 41 CFR 60-250.42. Furthermore, contractors subject to the new part 60-300 regulations are free to begin inviting applicants to self-identify using the new categories of protected veterans in part 60-300 before the effective date of the VETS rule if they wish. OFCCP commends efforts by contractors to collect and use the data from protected veterans covered under the new JVA requirements. Regardless of whether a contractor is inviting applicants to self-identify using the categories of protected veterans under part 60-300, OFCCP expects that contractors subject to part 60-300 will continue to fulfill their non-discrimination and affirmative action obligations with respect to all protected veterans. OFCCP will continue to examine a contractor’s overall good faith efforts with respect to protected veterans, as well as its compliance with recordkeeping, nondiscrimination or affirmative action requirements. JURISDICTION How do I determine if my company is a government contractor covered by the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA) regulations? There are currently two different coverage thresholds under VEVRAA.
I am a contractor with a Government contract of less than $100,000 that was entered into prior to December 1, 2003. However, the contract was modified on December 5, 2003 and is for $200,000 of work. What VEVRAA regulations must I follow? You must follow the regulations in 41 C.F.R. 60-300. The term "Government contract" is defined in the regulations at 60-250.2(i) and § 60-300.2(i) as "any agreement or modification thereof between any contracting agency and any person for the purchase, sale, or use of personal property or nonpersonal services (including construction)." The regulations provide that a "modification" is any alteration in the terms and conditions of a contract, including supplemental agreements, amendments, and extensions. Thus, under the VEVRAA regulations, a contract modification is a "Government contract." Government contracts of $100,000 or more that are modified on or after December 1, 2003 are subject to the VEVRAA regulations at 41 C.F.R. part 60-300 exclusively. Existing covered Government contracts that have not been modified on or after December 1, 2003, or modified contracts that do not meet the $100,000 coverage threshold, remain subject to the VEVRAA regulations at 41 C.F.R. part 60-250. I am a contractor with a contract of $25,000 or more entered into prior to December 1, 2003 that has not been modified, and a contract of $100,000 or more entered into after December 1, 2003. What VEVRAA regulations must I follow? Contractors with covered Government contracts entered into both before, and on or after December 1, 2003, are subject to the VEVRAA regulations at 41 C.F.R. parts 60-250 and 60-300. I am a contractor with a contract of less than $100,000 entered into on December 5, 2003. I have no other government contracts. What VEVRAA regulations must I follow? None. A contract of less than $100,000 entered into on or after December 1, 2003 does not meet the threshold coverage amount required by the recent amendments to VEVRAA. Therefore, the contractor is not required to comply with either set of VEVRAA regulations. JOB LISTING REQUIREMENTS What are the new job listing requirements under the Jobs for Veterans Act? The Jobs for Veterans Act (JVA) and the regulation implementing the JVA at 41 CFR 60-300.5 require that contractors list job openings with the appropriate employment service delivery system. Employment openings subject to the mandatory job listing requirement include all positions except (1) executive and top management positions, (2) positions that will be filled from within the contractor's organization, and (3) positions lasting three days or less. Listing with the appropriate employment service delivery system must be done concurrently with a contractor's use of any other recruitment source or effort. How may contractors subject to the part 60-300 regulations fulfill the job listing requirement? Contractors are to fulfill their job listing requirement by listing job openings with the appropriate employment service delivery system. Contractors may satisfy this requirement by listing job openings with the state workforce agency job bank in the state where the job opening occurs. Contractors also may satisfy the job listing requirement by listing job openings with the appropriate local employment service delivery system where the opening occurs. What type of agency is considered part of the local employment service delivery system? The employment service delivery system means the public employment offices established under the Wagner-Peyser Act, and known as the Employment Service, that provide a variety of labor exchange services including, but not limited to, job search assistance, job referral, placement assistance, re-employment services and recruitment services. The Employment Service provides these services as part of the One-Stop service delivery system established by the Workforce Investment Act. The names of the agencies providing these services vary and may include the words "Employment Services," "State Workforce Agency," "Employment Security Commission," "Job Service," "Career Center," "Workforce Center," "One-Stop," "Job Center," or "Workforce Development Center." Is there a particular way contractors must list employment openings with the appropriate employment delivery system? A contractor may satisfy the mandatory job listing requirement by submitting job listings to the appropriate employment delivery system in a variety of ways, including via mail, facsimile (FAX), electronic mail, or other electronic postings. The vast majority of the state workforce agency job banks accept job listings via the Internet. Contractors may use third parties, such as private or non-profit sector job banks, Internet gateway and portal sites, and recruiting services and directories, to assist them with the transmission of job listings to the appropriate employment service delivery system. Where can I find a link to the state workforce agency job banks? A link to the state workforce agency job banks is available at http://careeronestop.org/ajbprsjbl/. This link will allow contractors to identify those state workforce agency job banks that accept electronically-transmitted job listings. I am a Government contractor covered by the part 60-250 regulations. How can I satisfy the mandatory job listing requirement? Contractors covered by the part 60-250 regulations are to satisfy the mandatory job listing requirement by listing employment openings at an appropriate local employment service office where the opening occurs. The name of the appropriate office will vary and may have in its name the words "Employment Services," "State Workforce Agency," "Employment Security Commission," "Job Service," "Career Center," "Workforce Center," "One-Stop," "Job Center," or "Workforce Development Center." Listing with the state workforce agency job bank in the state where the job opening occurs also will satisfy the listing requirement under the part 60-250 regulations. I am a Government contractor covered by the part 60-250 and part 60-300 regulations. How can I satisfy the mandatory listing requirement? A contractor covered by both the part 60-250 and the part 60-300 regulations will satisfy the listing requirement by listing job openings with the appropriate employment service delivery system. Listing with the state workforce agency job bank in the state where the job opening occurs will satisfy the listing requirement for contractors covered by the part 60-250 and part 60-300 regulations. Contractors subject to both sets of regulations also may satisfy the listing requirement by listing openings with an appropriate local employment service delivery system. Is a contractor required to list temporary positions? Employment openings subject to the mandatory job listing requirement include all positions except (1) executive and top management positions, (2) positions that will be filled from within the contractor's organization, and (3) positions lasting three days or less. All other employment openings, including those for full-time employment, temporary employment of more than three days' duration, and part-time employment, are subject to the mandatory listing requirement. Can a contractor satisfy the job listing requirement by sending to the appropriate employment delivery system a link to a specific job opening posted on the contractor's website? A contractor may satisfy its mandatory job listing obligations under VEVRAA by sending an email message to the local employment service office or the appropriate employment service delivery system that includes a link to a specific job opening on the contractor's website. OFCCP has interpreted the mandatory job listing obligation to require that the contractor provide information about an employment opening that is sufficient to allow the appropriate employment service delivery system to carry out its responsibilities under VEVRAA to give protected veterans priority in referrals to Federal contractor employment openings. While a contractor has some latitude with respect to the information that is provided about a job opening, at a minimum, the email message should link to a specific job posting on the contractor's website that includes information about the type of position being filled, the qualifications for the position, the location of the position, the manner in which applications are being accepted, and the application timeframe. What kind of documentation is a contractor required to maintain to demonstrate compliance with the mandatory listing requirement? Contractors must maintain documentation of their efforts to comply with the mandatory job listing requirement. Such records may include, but are not limited to, copies of emails, other electronic transmissions, facsimiles, or letters to the appropriate employment service delivery system. What should a contractor do if it attempts to send job listings to an appropriate employment service delivery system electronically but the listings are returned as undeliverable? In that circumstance, the contractor should send its job listings to the employment service delivery system using another means, such as by facsimile or regular mail. The contractor also might consider contacting the appropriate employment service delivery system to have the problem corrected. The contractor should retain documentation of all good faith efforts to comply with the mandatory listing requirement. If a contractor arranges to have a third party list its job openings with the appropriate employment service delivery system, what kind of documentation will OFCCP expect the contractor to provide during a compliance evaluation? A contractor remains responsible for ensuring that its job listings are received by the appropriate employment service delivery system, whether the contractor submits job listings directly to the appropriate employment service delivery system, or uses a third party to deliver the job listings on its behalf. When using a third party, the contractor must provide documentation that it submitted its job listings to the "for fee" agency or private entity, and that this agency forwarded the job listings to the appropriate employment service delivery system. Documentation regarding the latter effort may include, but is not limited to, the following: an e-mail, fax, or regular mail transmission receipt from the "for fee" agency showing that the job listing had been forwarded to the employment service delivery system, or telephone records documenting communications between the "for fee" agency and the appropriate employment service delivery system. During a compliance evaluation, a compliance officer will request documentation from the employment service delivery system to confirm that a contractor is in compliance with the mandatory job listing requirement. Usually, this documentation is a printout of all job listings for the contractor under review received by the employment service delivery system. AFFIRMATIVE ACTION OBLIGATIONS What are my affirmative action obligations as a Federal contractor covered by VEVRAA? The Equal Employment Opportunity Clause in a Federal contract requires that you practice nondiscrimination and take affirmative action in employment with respect to covered veterans. Affirmative actions are the actions, policies, and procedures designed to achieve equal employment opportunity. The affirmative action obligation requires (1) thorough, systematic efforts to prevent discrimination from occurring or to detect it and eliminate it as promptly as possible; and (2) proactive recruitment and outreach measures. You also may be required to develop a written affirmative action program for each of your establishments if you have 50 or more employees and (1) a contract of $50,000 or more entered into before December 1, 2003 or (2) a contract of $100,000 or more entered into or modified on or after December 1, 2003. I am a contractor covered under parts 60-250 and 60-300. Must I develop two VEVRAA affirmative action plans (AAPs)? A contractor that must comply with both sets of VEVRAA regulations need not develop two AAPs. The JVA amendments did not affect the required contents of the written AAP under VEVRAA. Since the contents of the written AAP required under § 60-300.44 and § 60-250.44 are the same, contractors may develop a single AAP that satisfies the requirements of both regulations. The affirmative action efforts of a contractor covered by both sets of regulations must include all veterans protected by law. What are some examples of types of proactive recruitment and outreach measures that I can employ to attract qualified veterans? Contractors are required to make good faith efforts to employ qualified covered veterans. OFCCP recommends that contractors take the following steps:
PROTECTED VETERANS What groups of veterans are covered under part 60-250? Special disabled veteran
Veteran of the Vietnam era — A person who
Other protected veteran — a person who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized, under laws administered by the Department of Defense. Recently separated veteran — any veteran during the one-year period beginning on the date of such veteran's discharge or release from active duty. What groups of veterans are covered under part 60-300? Disabled Veteran
Recently separated veteran — any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval or air service. Armed Forces service medal veteran — any veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985. Other protected veteran — a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense. I am a covered veteran and believe I have been discriminated against in employment by a Federal contractor. What can I do? You may file a complaint with OFCCP if you believe you have been discriminated against by a Federal contractor or subcontractor because of your protected veteran status. Complaints generally must be filed within 300 days of the alleged discrimination. For more information on how to file a complaint, go to OFCCP's site at http://www.dol.gov/esa/regs/compliance/ofccp/pdf/pdfstart.htm. The Uniformed Service Employment and Reemployment Rights Act (USERRA), which is administered by the Veterans' Employment Training Service (VETS), Department of Labor, also protects veterans from employment discrimination based on their military service or affiliation. For instructions on filing a complaint with VETS, go to http://www.dol.gov/elaws/vets/userra/1010.asp. Did Congress change whether Vietnam era veterans are protected? By statute, Vietnam era veterans are no longer separately covered under the JVA. However, many Vietnam era veterans will be covered under other categories of protected veterans. For more information regarding the categories of protected veteran, see the question above. Are Vietnam era veterans protected under VEVRAA if a contractor entered into a contract of $25,000 or more before December 1, 2003? Yes, unless the contract was modified on or after December 1, 2003 and was for at least $100,000. However, as stated previously, in many instances Vietnam era Veterans will be protected under VEVRAA because they also belong to one of the categories covered under the JVA and the regulations in part 60-300. Where can I find additional information on the wars, campaign or expeditions for which a campaign badge has been authorized, under the laws administered by the Department of Defense? You may find additional information on the wars, campaign or expeditions for which a campaign badge has been authorized from the following web sites:
How can a contractor verify that an individual is a recipient of an Armed Forces service medal? The form used to document a veteran's separation from active duty military service, called the DD Form 214, Certificate of Release or Discharge from Active Duty, indicates whether a veteran is a recipient of the Armed Forces service medal. Veterans who self-identify as an "Armed Forces Service Medal Veteran" may be asked to provide a copy of this form. Where can I find more information on the operations that qualify a veteran for an Armed Forces service medal? You may find additional information about the Armed forces service medal from the following web sites:
REPORTING REQUIREMENTS Has the VETS-100 report been changed to reflect the new categories of protected veterans? The VETS-100 report is administered by the Veterans' Employment and Training Service (VETS). VETS recently published a proposed rule to update the VETS-100 report to comply with new Jobs for Veterans Act (JVA) requirements. Contractors may visit the VETS home page for more information — http://www.dol.gov/vets/. |
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