Acceptable affirmative action programs shall contain, but not
necessarily be limited to, the following ingredients:
(a) Policy statement. The contractor shall include an equal
opportunity policy statement in its affirmative action program, and
shall post the policy statement on company bulletin boards. The
contractor must ensure that applicants and employees who are special
disabled veterans are informed of the contents of the policy statement
(for example, the contractor may have the statement read to a visually
disabled individual, or may lower the posted notice so that it may be
read by a person in a wheelchair). The policy statement should indicate
the chief executive officer's attitude on the subject matter, provide
for an audit and reporting system (see paragraph (h) of this section)
and assign overall responsibility for the implementation of affirmative
action activities required under this part (see paragraph (i) of this
section). Additionally, the policy should state, among other things,
that the contractor will: Recruit, hire, train and promote persons in
all job titles, and ensure that all other personnel actions are
administered, without regard to special disabled veteran, Vietnam era
veteran, recently separated veteran, or other protected veteran status;
and ensure that all employment decisions are based only on valid job
requirements. The policy shall state that employees and applicants shall
not be subjected to harassment, intimidation, threats, coercion or
discrimination because they have engaged in or may engage in any of the
following activities:
(1) Filing a complaint;
(2) Assisting or participating in an investigation, compliance
evaluation, hearing, or any other activity related to the administration
of the affirmative action provisions of the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended (VEVRAA) or any other
Federal, state or local law requiring equal opportunity for special
disabled veterans, veterans of the Vietnam era, recently separated
veterans, or other protected veterans;
(3) Opposing any act or practice made unlawful by VEVRAA or its
implementing regulations in this part or any other Federal, state or
local law requiring equal opportunity for special disabled veterans,
veterans of the Vietnam era, recently separated veterans, or other
protected veterans; or
(4) Exercising any other right protected by VEVRAA or its
implementing regulations in this part.
(b) Review of personnel processes. The contractor shall ensure that
its personnel processes provide for careful, thorough, and systematic
consideration of the job qualifications of applicants and employees who
are known special disabled veterans, veterans of the Vietnam era,
recently separated veterans, or other protected veterans for job
vacancies filled either by hiring or promotion, and for all training
opportunities offered or available. The contractor shall ensure that
when a special disabled veteran, veteran of the Vietnam era, recently
separated veteran, or other protected veteran is considered for
employment opportunities, the contractor relies only on that portion of
the individual's military record, including his or her discharge papers,
that is relevant to the requirements of the opportunity in issue. The
contractor shall ensure that its personnel
[[Page 184]]
processes do not stereotype special disabled veterans, veterans of the
Vietnam era, recently separated veterans, and other protected veterans
in a manner which limits their access to all jobs for which they are
qualified. The contractor shall periodically review such processes and
make any necessary modifications to ensure that these obligations are
carried out. A description of the review and any necessary modifications
to personnel processes or development of new processes shall be included
in any affirmative action programs required under this part. The
contractor must design procedures that facilitate a review of the
implementation of this requirement by the contractor and the Government.
(Appendix C of this part is an example of an appropriate set of
procedures. The procedures in Appendix C of this part are not required
and contractors may develop other procedures appropriate to their
circumstances.)
(c) Physical and mental qualifications. (1) The contractor shall
provide in its affirmative action program, and shall adhere to, a
schedule for the periodic review of all physical and mental job
qualification standards to ensure that, to the extent qualification
standards tend to screen out qualified special disabled veterans, they
are job-related for the position in question and are consistent with
business necessity.
(2) Whenever the contractor applies physical or mental qualification
standards in the selection of applicants or employees for employment or
other change in employment status such as promotion, demotion or
training, to the extent that qualification standards tend to screen out
qualified special disabled veterans, the standards shall be related to
the specific job or jobs for which the individual is being considered
and consistent with business necessity. The contractor shall have the
burden to demonstrate that it has complied with the requirements of this
paragraph (c)(2).
(3) The contractor may use as a defense to an allegation of a
violation of paragraph (c)(2) of this section that an individual poses a
direct threat to the health or safety of the individual or others in the
workplace. (See Sec. 60-250.2(w) defining direct threat.)
(d) Reasonable accommodation to physical and mental limitations. As
is provided in Sec. 60-250.21(f), as a matter of nondiscrimination the
contractor must make reasonable accommodation to the known physical or
mental limitations of an otherwise qualified special disabled veteran
unless it can demonstrate that the accommodation would impose an undue
hardship on the operation of its business. As a matter of affirmative
action, if an employee who is known to be a special disabled veteran is
having significant difficulty performing his or her job and it is
reasonable to conclude that the performance problem may be related to
the known disability, the contractor shall confidentially notify the
employee of the performance problem and inquire whether the problem is
related to the employee's disability; if the employee responds
affirmatively, the contractor shall confidentially inquire whether the
employee is in need of a reasonable accommodation.
(e) Harassment. The contractor must develop and implement procedures
to ensure that its employees are not harassed because of their status as
a special disabled veteran, veteran of the Vietnam era, recently
separated veteran, or other protected veteran.
(f) External dissemination of policy, outreach and positive
recruitment. The contractor shall undertake appropriate outreach and
positive recruitment activities such as those listed in paragraphs
(f)(1) through (f)(8) of this section that are reasonably designed to
effectively recruit qualified special disabled veterans, veterans of the
Vietnam era, recently separated veterans, and other protected veterans.
It is not contemplated that the contractor will necessarily undertake
all the activities listed in paragraphs (f)(1) through (f)(8) of this
section or that its activities will be limited to those listed. The
scope of the contractor's efforts shall depend upon all the
circumstances, including the contractor's size and resources and the
extent to which existing employment practices are adequate.
(1) The contractor should enlist the assistance and support of the
following persons and organizations in recruiting, and developing on-
the-job training
[[Page 185]]
opportunities for, qualified special disabled veterans, veterans of the
Vietnam era, recently separated veterans, and other protected veterans,
to fulfill its commitment to provide meaningful employment opportunities
to such veterans:
(i) The Local Veterans' Employment Representative or his or her
designee in the local employment service office nearest the contractor's
establishment;
(ii) The Department of Veterans Affairs Regional Office nearest the
contractor's establishment;
(iii) The veterans' counselors and coordinators (``Vet-Reps'') on
college campuses;
(iv) The service officers of the national veterans' groups active in
the area of the contractor's establishment; and
(v) Local veterans' groups and veterans' service centers near the
contractor's establishment.
(2) Formal briefing sessions should be held, preferably on company
premises, with representatives from recruiting sources. Plant tours,
clear and concise explanations of current and future job openings,
position descriptions, worker specifications, explanations of the
company's selection process, and recruiting literature should be an
integral part of the briefing. Formal arrangements should be made for
referral of applicants, follow up with sources, and feedback on
disposition of applicants.
(3) The contractor's recruitment efforts at all educational
institutions should incorporate special efforts to reach students who
are special disabled veterans, veterans of the Vietnam era, recently
separated veterans, or other protected veterans. An effort should be
made to participate in work-study programs with Department of Veterans
Affairs rehabilitation facilities which specialize in training or
educating disabled veterans.
(4) The contractor should establish meaningful contacts with
appropriate veterans' service organizations which serve special disabled
veterans, veterans of the Vietnam era, recently separated veterans, or
other protected veterans for such purposes as advice, technical
assistance, and referral of potential employees. Technical assistance
from the resources described in this paragraph may consist of advice on
proper placement, recruitment, training and accommodations contractors
may undertake, but no such resource providing technical assistance shall
have authority to approve or disapprove the acceptability of affirmative
action programs.
(5) Special disabled veterans, veterans of the Vietnam era, recently
separated veterans, and other protected veterans should be made
available for participation in career days, youth motivation programs,
and related activities in their communities.
(6) The contractor should send written notification of company
policy to all subcontractors, vendors and suppliers, requesting
appropriate action on their part.
(7) The contractor should take positive steps to attract qualified
special disabled veterans, veterans of the Vietnam era, recently
separated veterans, and other protected veterans not currently in the
work force who have requisite skills and can be recruited through
affirmative action measures. These persons may be located through the
local chapters of organizations of and for Vietnam era veterans,
veterans with disabilities, recently separated veterans, and other
protected veterans.
(8) The contractor, in making hiring decisions, should consider
applicants who are known special disabled veterans, veterans of the
Vietnam era, recently separated veterans, or other protected veterans
for all available positions for which they may be qualified when the
position(s) applied for is unavailable.
(g) Internal dissemination of policy. (1) A strong outreach program
will be ineffective without adequate internal support from supervisory
and management personnel and other employees. In order to assure greater
employee cooperation and participation in the contractor's efforts, the
contractor shall develop internal procedures such as those listed in
paragraph (g)(2) of this section for communication of its obligation to
engage in affirmative action efforts to employ and advance in employment
qualified special disabled veterans, veterans of the Vietnam era,
recently separated veterans, and other
[[Page 186]]
protected veterans. It is not contemplated that the contractor will
necessarily undertake all the activities listed in paragraph (g)(2) of
this section or that its activities will be limited to those listed.
These procedures shall be designed to foster understanding, acceptance
and support among the contractor's executive, management, supervisory
and other employees and to encourage such persons to take the necessary
actions to aid the contractor in meeting this obligation. The scope of
the contractor's efforts shall depend upon all the circumstances,
including the contractor's size and resources and the extent to which
existing practices are adequate.
(2) The contractor should implement and disseminate this policy
internally as follows:
(i) Include it in the contractor's policy manual;
(ii) Inform all employees and prospective employees of its
commitment to engage in affirmative action to increase employment
opportunities for qualified special disabled veterans, veterans of the
Vietnam era, recently separated veterans, and other protected veterans.
The contractor should periodically schedule special meetings with all
employees to discuss policy and explain individual employee
responsibilities;
(iii) Publicize it in the company newspaper, magazine, annual report
and other media;
(iv) Conduct special meetings with executive, management, and
supervisory personnel to explain the intent of the policy and individual
responsibility for effective implementation, making clear the chief
executive officer's attitude;
(v) Discuss the policy thoroughly in both employee orientation and
management training programs;
(vi) Meet with union officials and/or employee representatives to
inform them of the contractor's policy, and request their cooperation;
(vii) Include articles on accomplishments of special disabled
veterans, veterans of the Vietnam era, recently separated veterans, and
other protected veterans in company publications; and
(viii) When employees are featured in employee handbooks or similar
publications for employees, include special disabled veterans.
(h) Audit and reporting system. (1) The contractor shall design and
implement an audit and reporting system that will:
(i) Measure the effectiveness of the contractor's affirmative action
program;
(ii) Indicate any need for remedial action;
(iii) Determine the degree to which the contractor's objectives have
been attained;
(iv) Determine whether known special disabled veterans, veterans of
the Vietnam era, recently separated veterans, and other protected
veterans have had the opportunity to participate in all company
sponsored educational, training, recreational and social activities; and
(v) Measure the contractor's compliance with the affirmative action
program's specific obligations.
(2) Where the affirmative action program is found to be deficient,
the contractor shall undertake necessary action to bring the program
into compliance.
(i) Responsibility for implementation. An official of the contractor
shall be assigned responsibility for implementation of the contractor's
affirmative action activities under this part. His or her identity
should appear on all internal and external communications regarding the
company's affirmative action program. This official shall be given
necessary top management support and staff to manage the implementation
of this program.
(j) Training. All personnel involved in the recruitment, screening,
selection, promotion, disciplinary, and related processes shall be
trained to ensure that the commitments in the contractor's affirmative
action program are implemented.
