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Frequently Asked Questions |
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The U.S. Department of Labor’s (DOL) Veterans’ Employment and
Training Service (VETS) assists veterans, reservists, and National Guard
members in securing employment; promotes equal employment opportunity on behalf
of veterans who have served on active duty during a war or in a campaign or
expedition; and advises on the rights and responsibilities of reservists and
National Guard members who are called to active duty under the Uniformed Services
Employment and Reemployment Rights Act (USERRA).
The Office of Federal Contract Compliance Programs (OFCCP) has the
responsibility of assuring that employers doing business with the federal
government comply with the equal employment opportunity (EEO) and the
affirmative action provisions of their contracts. OFCCP administers and
enforces two equal employment opportunity programs that protect veterans and apply to federal
contractors and subcontractors: Section 503 of the Rehabilitation Act of 1973 (as it may apply to disabled veterans) and the affirmative action provisions of the
Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) of 1974.
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.
- Veterans Preference for Employment
Veterans and other eligible persons also have special employment rights
with the federal government. They are provided preference in initial hiring and
protection in reductions in force. Claims of violations of these rights are
investigated by the Veterans’ Employment and Training Service. Preference
applies in hiring for virtually all jobs, whether in the competitive or
excepted service.
Veterans who are disabled or who served on active duty in the Armed Forces
during certain specified time periods or in military campaigns are entitled to
preference over others in hiring for virtually all federal government jobs.
- Equal Employment Opportunity
All federal contractors and subcontractors with contracts exceeding
specific thresholds must take affirmative action to hire and promote qualified
targeted veterans. In addition, each year they are required to file a
VETS-100 report which shows the number of targeted veterans in their workforce by job
category, hiring location, and number of new hires.
BASIC INFORMATION - Reemployment Rights
- Employment Law Guide - Uniformed Service Members -
Describes the basic provisions and requirements of reemployment rights and
veterans' preference afforded persons who perform duty, voluntarily or
involuntarily, in the uniformed services, which include the Army, Navy, Marine
Corps, Air Force, Coast Guard, National Guard, and Public Health Service commissioned corps, as
well as the reserve components of each of these services.
- Veterans' Employment
and Training Service's USERRA Guide - Contains general information about
the Uniformed Services Employment and Reemployment Rights Act (USERRA).
- "Your Rights under USERRA" - Describes the required notice employers must provide to workers covered by USERRA.
- Frequently Asked Questions for Reservists being Called to Active Duty
BASIC INFORMATION - Equal Employment
Opportunities and Veterans Preference
FACT SHEETS
- VEVRAA Fact
Sheet - Provides information on the protected employment rights of Vietnam
era veterans, special disabled veterans, and veterans who served on active duty
during a war or in a campaign or expedition for which a campaign badge has been
authorized.
- Job Rights for
Veterans and Reserve Component Members - Provides information to all
veterans having claims under the Uniformed Services Employment and Reemployment
Rights Act (USERRA).
- Veterans’
Preference - Provides information to disabled veterans and those who served
on active duty in the Armed Forces during certain specified time periods or in
military campaigns. These individuals are entitled to preference over
non-veterans both in federal hiring practices and in retention during
reductions in force.
- Employment Services
for Veterans - Provides information to eligible veterans on employment and
training services.
- Federal Contractor
Program - Provides information on affirmative action designed to hire and
promote special disabled veterans, veterans of the Vietnam era, recently
separated veterans, and any other veterans who served on active duty during a
war.
E-TOOLS
POSTERS
Federal contractors are required to preserve any personnel or employment records made or kept by the contractor for two years from the date of the making of the personnel record or the personnel action, whichever occurs later. 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 with fewer than 150 employees or who do not have a government contract of at least $150,000 only need to keep records for 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.
- 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.
- 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 implementing the equal
employment opportunity laws pertaining to veterans.
- Section 503 of the
Rehabilitation Act of 1973 - Prohibits discrimination and requires
affirmative action in the employment of qualified individuals with
disabilities.
- 41 CFR Part 60-741 - Regulations concerning nondiscrimination and affirmative action obligations regarding individuals with disabilities.
- 41
CFR Part 61-250.10 - Regulations describing the reporting requirements of
contractors and subcontractors who enter into a contract in the amount of
$25,000 or more with any department or agency of the Unites States for the
procurement of personal property and non-personal services (including
construction).
- 20
CFR 1001.100 - Regulations describing the Department of Labor’s
responsibility to provide eligible veterans and eligible persons the maximum of
employment and training opportunities, with priority given to the needs of
disabled veterans and veterans of the Vietnam era.
*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.
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