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GENERAL ISSUES
- What is the purpose of the new part 60-300 regulations?
- When do the affirmative action program and mandatory listing
provisions of the part 60-300 rule become effective?
- How should I satisfy the requirement to list employment openings
before the rule becomes effective?
- 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?
- 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?
- 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?
- 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?
- What are the new job listing requirements under the Jobs
for Veterans Act?
- How may contractors subject to the part 60-300 regulations
fulfill the job listing requirement?
- What type of agency is considered part of the local employment
service delivery system?
- Is there a particular way contractors must list employment
openings with the appropriate employment delivery system?
- Where can I find a link to the state workforce agency job
banks?
- I am a Government contractor covered by the part 60-250
regulations. How can I satisfy the mandatory job listing requirement?
- I am a Government contractor covered by the part 60-250
and part 60-300 regulations. How can I satisfy the mandatory listing requirement?
- Is a contractor required to list temporary positions?
- 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?
- What kind of documentation is a contractor required to maintain
to demonstrate compliance with the mandatory listing requirement?
- 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?
- 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?
- What are my affirmative action obligations as a Federal
contractor covered by VEVRAA?
- I am a contractor covered under parts 60-250 and 60-300.
Must I develop two VEVRAA affirmative action plans (AAPs)?
- What are some examples of types of proactive recruitment
and outreach measures that I can employ to attract qualified veterans?
- What groups of veterans are covered under part 60-250?
- What groups of veterans are covered under part 60-300?
- I am a covered veteran and believe I have been discriminated
against in employment by a Federal contractor. What can I do?
- Did Congress change whether Vietnam era veterans are protected?
- Are Vietnam era veterans protected under VEVRAA if a contractor
entered into a contract of $25,000 or more before December 1, 2003?
- 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?
- How can a contractor verify that an individual is a recipient
of an Armed Forces service medal?
- Where can I find more information on the operations that
qualify a veteran for an Armed Forces service medal?
- Has the VETS-100 report been changed to reflect the new
categories of protected veterans?
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.
How should I satisfy the requirement to list employment
openings before the rule becomes effective?
OFCCP explained in a previously published FAQ that we appreciate the difficulties
transitioning to a new job listing mechanism may cause contractors posting jobs,
veterans receiving priority referrals to those jobs from state agencies, and
state agencies responsible for providing services to veterans. Accordingly,
we have stated that until the effective date of the part 60-300 rule, OFCCP,
as a matter of enforcement discretion, will not cite a contractor for non-compliance
solely because it has failed to list all of its employment openings with the
appropriate employment service delivery system or the appropriate local employment
service office, provided that it continues to make good faith efforts to recruit
and employ qualified covered veterans.
Contractors are reminded that the mandatory listing requirement is but one
piece of a contractor's good faith efforts to employ qualified covered veterans.
The agency will continue to examine a contractor's overall good faith efforts
to employ qualified protected veterans. Contractors should be prepared to demonstrate
a strong commitment to recruiting, hiring, and retaining qualified covered veterans.
OFCCP recommends that contractors take the following affirmative steps:
- Create partnership arrangements with local and national recruiting sources
for referral of qualified covered veteran applicants;
- Establish a relationship with the Local Veterans' Employment Representative
or his or her designee;
- Recruit covered student veterans at educational institutions;
- Create partnership arrangements with veterans' service organizations to
employ qualified covered veterans;
- Establish relationships with the Veterans Administration Medical Center
job placement programs;
- Advertise job openings and recruit qualified covered veterans during company
career days and/or related activities in the local community;
- Encourage subcontractors to seek qualified covered veterans for employment
opportunities; and
- Contact the Local Veterans' Employment Representative when new Federal contracts
are obtained, or when significant hiring will occur.
Contractors also are encouraged to continue listing employment openings, whenever
possible, during this interim period. Some examples of agencies that accept
job listings and provide priority of service to covered veterans include the
state workforce agency job bank and the public employment offices known as the
Employment Service. The Employment Service provides labor exchange services
as part of the One-stop 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."
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.
- The VEVRAA regulations found at 41 C.F.R. part 60-250 generally apply to Government
contracts of $25,000 or more entered into before December 1, 2003. The threshold
amount for coverage is a single contract of $25,000 or more; contracts are not
aggregated to reach the coverage threshold. If a Federal contractor received
a government contract of at least $50,000 prior to December 1, 2003, an AAP
must be developed in accordance with the 41 C.F.R. part 60-250 VEVRAA regulations.
To view the regulations go to OFCCP's web site at http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_60-250/toc.htm.
As explained below, some contracts that were entered into before December 1,
2003 will be subject to the regulations found at 41 C.F.R. part 60-300.
- The regulations found at 41 C.F.R. part 60-300 apply to Government contracts
entered into on or after December 1, 2003. The threshold amount for coverage
and AAP threshold coverage is a single contract of $100,000 or more, entered
into on or after December 1, 2003; contracts are not aggregated to reach the
coverage threshold. To view the regulations, go to OFCCP's web site at
http://www.dol.gov/esa/regs/fedreg/final/ofcfinal.htm.
- The regulations found at 41 C.F.R. part 60-300 also apply to modifications
of otherwise covered Government contracts made on or after December 1, 2003.
Consequently, a contract that was entered into before December 1, 2003, will
be subject only to the part 60-300 regulations if it is modified on or after
December 1, 2003 and meets the contract dollar threshold of $100,000 or more.
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:
- Create partnership arrangements with local and national recruiting sources
for referral of qualified covered veteran applicants;
- Establish a relationship with the Local Veterans' Employment Representative
or his or her designee;
- Recruit covered student veterans at educational institutions;
- Create partnership arrangements with veterans' service organizations to employ
qualified covered veterans;
- Establish relationships with the Veterans Administration Medical Center job
placement programs;
- Advertise job openings and recruit qualified covered veterans during company
career days and/or related activities in the local community;
- Encourage subcontractors to seek qualified covered veterans for employment
opportunities; andAdvertise job openings and recruit qualified covered veterans
during company career days and/or related activities in the local community;
- In addition to listing specific employment opportunities, contact the appropriate
employment delivery systems when new Federal contracts are obtained, or when
significant hiring will occur.
PROTECTED VETERANS
What groups of veterans are covered under part 60-250?
Special disabled veteran --
(i) A veteran who is entitled to compensation (or who but for
the receipt of military retired pay would be entitled to compensation) under
laws administered by the Department of Veterans Affairs for a disability:
(A) Rated at 30 percent or more; or
(B) Rated at 10 or 20 percent in the case
of a veteran who has been determined under 38 U.S.C. 3106 to have a serious
employment handicap; or
(ii) A person who was discharged or released from active duty
because of a service-connected disability.
Veteran of the Vietnam era -- A person who
(1) served on active duty for a period of more than 180 days,
and was discharged or released therefrom with other than a dishonorable discharge,
if any part of such active duty occurred:
(i) In the Republic of Vietnam between
February 28, 1961, and May 7, 1975; or
(ii) Between August 5, 1964, and May 7,
1975, in all other cases; or
(2) Was discharged or released from active duty for a service-connected
disability if any part of such active duty was performed:
(i) In the Republic of Vietnam between
February 28, 1961, and May 7, 1975; or
(ii) Between August 5, 1964, and May 7,
1975, in all other cases.
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 -- (1) A veteran of the U.S. military, ground, naval
or air service who is entitled to compensation (or who but for the receipt
of military retired pay would be entitled to compensation) under laws administered
by the Secretary of Veterans Affairs, or (2) A person who was discharged or
released from active duty because of a service-connected disability.
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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