(a) Special disabled veterans. The contractor shall invite
applicants to inform the contractor whether the applicant believes that
he or she is a special disabled veteran who may be covered by the Act
and wishes to benefit under the affirmative action program. Such
invitation shall be extended after making an offer of employment to a
job applicant and before the applicant begins his or her employment
duties, except that the contractor may invite special disabled veterans
to self-identify prior to making a job offer when:
(1) The invitation is made when the contractor actually is
undertaking affirmative action for special disabled veterans at the pre-
offer stage; or
(2) The invitation is made pursuant to a Federal, State or local law
requiring affirmative action for special disabled veterans.
(b) Veterans of the Vietnam era, recently separated veterans and
other protected veterans. The contractor shall invite applicants to
inform the contractor whether the applicant believes that he or she is a
veteran of the Vietnam era, recently separated veteran or other
protected veteran who may be covered by the Act and wishes to benefit
under the affirmative action program. Such invitation may be made at any
time before the applicant begins his or her employment duties.
(c) The invitations referenced in paragraphs (a) and (b) of this
section shall state that a request to benefit under the affirmative
action program may be made immediately and/or at any time in the future.
The invitations also shall summarize the relevant portions of the Act
and the contractor's affirmative action program. Furthermore, the
invitations shall state that the information is being requested on a
voluntary basis, that it will be kept confidential, that refusal to
provide it will not subject the applicant to any adverse treatment, and
that it will not be used in a manner inconsistent with the Act. (An
acceptable form for such an invitation is set forth in Appendix B of
this part. Because a contractor usually may not seek advice from a
special disabled veteran regarding placement and accommodation until
after a job offer has been extended, the invitation set forth in
Appendix B of this part contains instructions regarding modifications to
be made if it is used at the pre-offer stage.)
(d) If an applicant so identifies himself or herself as a special
disabled veteran, the contractor should also seek the advice of the
applicant regarding proper placement and appropriate accommodation,
after a job offer has been extended. The contractor also may make such
inquiries to the extent they are consistent with the Americans with
Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, (e.g., in the context
of asking applicants to describe or demonstrate how they would perform
the job). The contractor shall maintain a separate file in accordance
with Sec. 60-250.23(d) on persons who have self-identified as special
disabled veterans.
(e) The contractor shall keep all information on self identification
confidential. The contractor shall provide the information to OFCCP upon
request. This information may be used only in accordance with this part.
(f) Nothing in this section shall relieve the contractor of its
obligation to take affirmative action with respect to those applicants
or employees who are
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known to the contractor to be special disabled veterans, veterans of the
Vietnam era, recently separated veterans, or other protected veterans.
(g) Nothing in this section shall relieve the contractor from
liability for discrimination under the Act.
