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Office of Federal Contract Compliance Programs (OFCCP)

 

Regulations Implementing
the Vietnam Era Veterans’ Readjustment Assistance Act

On September 24, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published a Final Rule in the Federal Register revising the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (VEVRAA) at 41 CFR Part 60–300. The regulations became effective on March 24, 2014.

VEVRAA prohibits federal contractors and subcontractors from discriminating in employment against protected veterans, and requires these employers to take affirmative action to recruit, hire, promote, and retain these veterans. As revised, the regulations strengthen the affirmative action provisions of the regulations to aid contractors in their efforts to recruit and hire protected veterans and improve job opportunities for protected veterans.

 

Highlights of the Regulations

  • Rescission of 41 CFR Part 60–250: The regulations rescind the obsolete regulations at 41 CFR Part 60–250. However, veterans that were formerly protected only under Part 60–250 are still protected from discrimination under the regulations at 41 CFR Part 60–300.

  • Hiring benchmarks: The regulations require that contractors establish annual hiring benchmarks for protected veterans. Contractors must use one of two methods to establish their benchmarks. Contractors may choose to establish a benchmark equal to the national percentage of veterans in the civilian labor force, which is published in the Benchmark Database, below, and will be updated annually by OFCCP. Alternatively, contractors may establish their own benchmarks using certain data from the Bureau of Labor Statistics (BLS) and Veterans’ Employment and Training Service/Employment and Training Administration (VETS/ETA) that is also published by OFCCP, as well other factors that reflect the contractor’s unique hiring circumstances. The data is posted in the Benchmark Database, below.

  • Data collection: The regulations require that contractors document and update annually several quantitative comparisons for the number of veterans who apply for jobs and the number of veterans they hire. Having this data assists contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends.

  • Invitation to Self–Identify: The regulations require that contractors invite applicants to self–identify as protected veterans at both the pre–offer and post–offer phases of the application process. The regulations include sample invitations to self–identify that contractors may use.

  • Incorporation of the EO Clause: The regulations require that specific language be used when incorporating the equal opportunity clause into a subcontract by reference. The mandated language, though brief, alerts subcontractors to their responsibilities as federal contractors.

  • Job Listings: The regulations clarify that when listing their job openings, contractors must provide that information in a manner and format permitted by the appropriate State or local job service, so that it can access and use the information to make the job listings available to job seekers.

  • Records Access: The regulations clarify that contractors must allow OFCCP to review documents related to a compliance check or focused review, either on–site or off–site, at OFCCP’s option. In addition, the regulations require contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.

 

Read the VEVRAA regulations

 

Technical Assistance

 

Hiring Benchmark