VEVRAA prohibits employment discrimination on the basis of one’s status as a protected veteran. The regulations specify the specific protected categories of veterans: disabled veterans, recently separated veterans, active duty wartime or campaign badge veterans, and Armed Forces service medal veterans. In reviewing a complaint filed under VEVRAA and in discussing it with the complainant, the CO should clearly distinguish whether the complainant believes the alleged discrimination was based on his or her status as a disabled veteran, or based on one of the other specific categories of protected veterans. If the allegation is based on the complainant’s status as a disabled veteran, the CO should follow the procedures for a disability complaint.334 The complaint may contain allegations of individual disparate treatment (e.g., a claim that an individual was unlawfully terminated, demoted, not hired, not promoted or harassed) or systemic discrimination based on the complainant’s status as a protected veteran. Complainants filing under VEVRAA may also allege any violation of the law or its implementing regulations unrelated to discrimination. For instance, under VEVRAA, contractors must list employment openings with the appropriate ESDS where the openings occur.335 Contractors must list all employment openings except for executive and senior management positions, positions that will be filled internally, and jobs lasting three days or less. Typically, the location of a job opening, or the location to which the employee must report for work is where the opening “occurs.” However, when a vacancy announcement indicates that the opening is for a remote job to be performed entirely by telework, there is no fixed place where the job “occurs.” The contractor may, therefore, satisfy the job listing requirement for a remote job by listing the opening with an ESDS in any area where qualified candidates might be found. Where the vacancy announcement indicates that the job may be performed either from a specified duty station or remotely, the contractor must list the job with the ESDS where the duty station is located, but may also list the opening with any other ESDS it determines is appropriate. A complainant may allege that the contractor is not complying with this mandatory job listing requirement.
Complaints alleging discrimination on the basis of status as a protected veteran may also include veteran-related issues that OFCCP is unable to address. When perfecting the complaint, the regional office will refer these allegations to the appropriate enforcement office. If the complainant raises these allegations at a later point in the process, the CO may refer the complaint allegations to the appropriate office or work in coordination with the other enforcement office, as appropriate.336 For example, a complainant may indicate that he or she has a re-employment issue that falls under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which is administered by the DOL’s VETS.
334. See FCCM 6E06 – Allegations Specific to Disability Complaints.
335. 41 CFR 60-300.5.
336. See “Memorandum of Understanding: Office of Federal Contract Compliance Programs and the Veterans’ Employment and Training Service,” dated May 20, 1997, that addresses the agencies’ coordinated efforts in serving veterans.