(a) Local employment service offices shall refer qualified special
disabled veterans, veterans of the Vietnam era, recently separated
veterans, and other protected veterans to fill employment openings
listed by contractors with such local offices pursuant to the mandatory
listing requirements of the equal opportunity clause, and shall give
priority to special disabled veterans, veterans of the Vietnam era,
recently separated veterans, and other protected veterans in making such
referrals.
(b) Local employment service offices shall contact employers to
solicit the job orders described in paragraph (a) of this section. The
state employment security agency shall provide OFCCP upon request
information pertinent to whether the contractor is in compliance with
the mandatory listing requirements of the equal opportunity clause.
Appendix A to Part 60-250--Guidelines on a Contractor's Duty To Provide
Reasonable Accommodation
The guidelines in this appendix are in large part derived from, and
are consistent with, the discussion regarding the duty to provide
reasonable accommodation contained in the
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Interpretive Guidance on Title I of the Americans with Disabilities Act
(ADA) set out as an appendix to the regulations issued by the Equal
Employment Opportunity Commission (EEOC) implementing the ADA (29 CFR
part 1630). Although the following discussion is intended to provide an
independent ``free-standing'' source of guidance with respect to the
duty to provide reasonable accommodation under this part, to the extent
that the EEOC appendix provides additional guidance which is consistent
with the following discussion, it may be relied upon for purposes of
this part as well. See Sec. 60-250.1(c). Contractors are obligated to
provide reasonable accommodation and to take affirmative action.
Reasonable accommodation under VEVRAA, like reasonable accommodation
required under section 503 and the ADA, is a part of the
nondiscrimination obligation. See EEOC appendix cited in this paragraph.
Affirmative action is unique to VEVRAA and section 503, and includes
actions above and beyond those required as a matter of
nondiscrimination. An example of this is the requirement discussed in
paragraph 2 of this appendix that a contractor shall make an inquiry of
a special disabled veteran who is having significant difficulty
performing his or her job.
1. A contractor is required to make reasonable accommodations to the
known physical or mental limitations of an ``otherwise qualified''
special disabled veteran, unless the contractor can demonstrate that the
accommodation would impose an undue hardship on the operation of its
business. As stated in Sec. 60-250.2(o), a special disabled veteran is
qualified if he or she satisfies all the skill, experience, education
and other job-related selection criteria, and can perform the essential
functions of the position with or without reasonable accommodation. A
contractor is required to make a reasonable accommodation with respect
to its application process if the special disabled veteran is qualified
with respect to that process. One is ``otherwise qualified'' if he or
she is qualified for a job, except that, because of a disability, he or
she needs a reasonable accommodation to be able to perform the job's
essential functions.
2. Although the contractor would not be expected to accommodate
disabilities of which it is unaware, the contractor has an affirmative
obligation to provide a reasonable accommodation for applicants and
employees who are known to be special disabled veterans. As stated in
Sec. 60-250.42 (see also Appendix B of this part), the contractor is
required to invite applicants who have been provided an offer of
employment, before they are placed on the contractor's payroll, to
indicate whether they are covered by the Act and wish to benefit under
the contractor's affirmative action program. That section further
provides that the contractor should seek the advice of special disabled
veterans who ``self-identify'' in this way as to proper placement and
appropriate accommodation. Moreover, Sec. 60-250.44(d) provides that if
an employee who is a known 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 disability,
the contractor is required to confidentially inquire whether the problem
is disability related and if the employee is in need of a reasonable
accommodation.
3. An accommodation is any change in the work environment or in the
way things are customarily done that enables a special disabled veteran
to enjoy equal employment opportunities. Equal employment opportunity
means an opportunity to attain the same level of performance, or to
enjoy the same level of benefits and privileges of employment, as are
available to the average similarly situated employee without a
disability. Thus, for example, an accommodation made to assist an
employee who is a special disabled veteran in the performance of his or
her job must be adequate to enable the individual to perform the
essential functions of the position. The accommodation, however, does
not have to be the ``best'' accommodation possible, so long as it is
sufficient to meet the job-related needs of the individual being
accommodated. There are three areas in which reasonable accommodations
may be necessary: (1) Accommodations in the application process; (2)
accommodations that enable employees who are special disabled veterans
to perform the essential functions of the position held or desired; and
(3) accommodations that enable employees who are special disabled
veterans to enjoy equal benefits and privileges of employment as are
enjoyed by employees without disabilities.
4. The term ``undue hardship'' refers to any accommodation that
would be unduly costly, extensive, substantial, or disruptive, or that
would fundamentally alter the nature or operation of the contractor's
business. The contractor's claim that the cost of a particular
accommodation will impose an undue hardship requires a determination of
which financial resources should be considered--those of the contractor
in its entirety or only those of the facility that will be required to
provide the accommodation. This inquiry requires an analysis of the
financial relationship between the contractor and the facility in order
to determine what resources will be available to the facility in
providing the accommodation. If the contractor can show that the cost of
the accommodation would impose an undue hardship, it would still be
required to provide the accommodation if the funding is available from
another source, e.g., the Department of Veterans Affairs or a state
vocational rehabilitation agency, or if Federal, state or local tax
deductions or tax credits are available to offset
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the cost of the accommodation. In the absence of such funding, the
special disabled veteran should be given the option of providing the
accommodation or of paying that portion of the cost which constitutes
the undue hardship on the operation of the business.
5. Section 60-250.2(t) lists a number of examples of the most common
types of accommodations that the contractor may be required to provide.
There are any number of specific accommodations that may be appropriate
for particular situations. The discussion in this appendix is not
intended to provide an exhaustive list of required accommodations (as no
such list would be feasible); rather, it is intended to provide general
guidance regarding the nature of the obligation. The decision as to
whether a reasonable accommodation is appropriate must be made on a
case-by-case basis. The contractor generally should consult with the
special disabled veteran in deciding on the appropriate accommodation;
frequently, the individual will know exactly what accommodation he or
she will need to perform successfully in a particular job, and may
suggest an accommodation which is simpler and less expensive than the
accommodation the contractor might have devised. Other resources to
consult include the appropriate state vocational rehabilitation services
agency, the Equal Employment Opportunity Commission (1-800-669-4000
(voice), 1-800-669-6820 (TTY)), the Job Accommodation Network (JAN)
operated by the Office of Disability Employment Policy in the U.S.
Department of Labor (1-800-JAN-7234 or 1-800-232-9675), private
disability organizations (including those that serve veterans), and
other employers.
6. With respect to accommodations that can permit an employee who is
a special disabled veteran to perform essential functions successfully,
a reasonable accommodation may require the contractor to, for instance,
modify or acquire equipment. For the visually-impaired such
accommodations may include providing adaptive hardware and software for
computers, electronic visual aids, braille devices, talking calculators,
magnifiers, audio recordings and braille or large-print materials. For
persons with hearing impairments, reasonable accommodations may include
providing telephone handset amplifiers, telephones compatible with
hearing aids and telecommunications devices for the deaf (TDDs). For
persons with limited physical dexterity, the obligation may require the
provision of goose neck telephone headsets, mechanical page turners and
raised or lowered furniture.
7. Other reasonable accommodations of this type may include
providing personal assistants such as a reader, interpreter or travel
attendant, permitting the use of accrued paid leave or providing
additional unpaid leave for necessary treatment. The contractor may also
be required to make existing facilities readily accessible to and usable
by special disabled veterans--including areas used by employees for
purposes other than the performance of essential job functions such as
restrooms, break rooms, cafeterias, lounges, auditoriums, libraries,
parking lots and credit unions. This type of accommodation will enable
employees to enjoy equal benefits and privileges of employment as are
enjoyed by employees who do not have disabilities.
8. Another of the potential accommodations listed in Sec. 60-
250.2(t) is job restructuring. This may involve reallocating or
redistributing those nonessential, marginal job functions which a
qualified special disabled veteran cannot perform to another position.
Accordingly, if a clerical employee who is a special disabled veteran is
occasionally required to lift heavy boxes containing files, but cannot
do so because of a disability, this task may be reassigned to another
employee. The contractor, however, is not required to reallocate
essential functions, i.e., those functions that the individual who holds
the job would have to perform, with or without reasonable accommodation,
in order to be considered qualified for the position. For instance, the
contractor which has a security guard position which requires the
incumbent to inspect identity cards would not have to provide a blind
special disabled veteran with an assistant to perform that duty; in such
a case, the assistant would be performing an essential function of the
job for the special disabled veteran. Job restructuring may also involve
allowing part-time or modified work schedules. For instance, flexible or
adjusted work schedules could benefit special disabled veterans who
cannot work a standard schedule because of the need to obtain medical
treatment, or special disabled veterans with mobility impairments who
depend on a public transportation system that is not accessible during
the hours of a standard schedule.
9. Reasonable accommodation may also include reassignment to a
vacant position. In general, reassignment should be considered only when
accommodation within the special disabled veteran's current position
would pose an undue hardship. Reassignment is not required for
applicants. However, in making hiring decisions, contractors are
encouraged to consider applicants who are known special disabled
veterans for all available positions for which they may be qualified
when the position(s) applied for is unavailable. Reassignment may not be
used to limit, segregate, or otherwise discriminate against employees
who are special disabled veterans by forcing reassignments to
undesirable positions or to designated offices or facilities. Employers
should reassign the individual to an equivalent position in terms of
pay, status, etc., if
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the individual is qualified, and if the position is vacant within a
reasonable amount of time. A ``reasonable amount of time'' should be
determined in light of the totality of the circumstances.
10. The contractor may reassign an individual to a lower graded
position if there are no accommodations that would enable the employee
to remain in the current position and there are no vacant equivalent
positions for which the individual is qualified with or without
reasonable accommodation. The contractor may maintain the reassigned
special disabled veteran at the salary of the higher graded position,
and must do so if it maintains the salary of reassigned employees who
are not special disabled veterans. It should also be noted that the
contractor is not required to promote a special disabled veteran as an
accommodation.
11. With respect to the application process, appropriate
accommodations may include the following: (1) Providing information
regarding job vacancies in a form accessible to special disabled
veterans who are vision or hearing impaired, e.g., by making an
announcement available in braille, in large print, or on audio tape, or
by responding to job inquiries via TDDs; (2) providing readers,
interpreters and other similar assistance during the application,
testing and interview process; (3) appropriately adjusting or modifying
employment-related examinations, e.g., extending regular time deadlines,
allowing a special disabled veteran who is blind or has a learning
disorder such as dyslexia to provide oral answers for a written test,
and permitting an applicant, regardless of the nature of his or her
ability, to demonstrate skills through alternative techniques and
utilization of adapted tools, aids and devices; and (4) ensuring a
special disabled veteran with a mobility impairment full access to
testing locations such that the applicant's test scores accurately
reflect the applicant's skills or aptitude rather than the applicant's
mobility impairment.
Appendix B to Part 60-250--Sample Invitation To Self-Identify
Note: When the invitation to self-identify is being extended to
special disabled veterans prior to an offer of employment, as is
permitted in limited circumstances under Sec. Sec. 60-250.42(a)(1) and
(2), paragraph 7(ii) of this appendix, relating to identification of
reasonable accommodations, should be omitted. This will avoid a conflict
with the EEOC's ADA Guidance, which in most cases precludes asking a job
applicant (prior to a job offer being made) about potential reasonable
accommodations.
[Sample Invitation To Self-Identify]
1. This employer is a Government contractor subject to the Vietnam
Era Veterans' Readjustment Assistance Act of 1974, as amended, which
requires Government contractors to take affirmative action to employ and
advance in employment qualified special disabled veterans, veterans of
the Vietnam era, recently separated veterans, and other protected
veterans.
2. [The following text should be used when extending an invitation
to veterans of the Vietnam era, recently separated veterans, and other
protected veterans only.] If you are a veteran of the Vietnam era,
recently separated veteran, or other protected veteran, we would like to
include you under our affirmative action program. If you would like to
be included under the affirmative action program, please tell us. The
term ``veteran of the Vietnam era'' refers to a person who 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 in the Republic of Vietnam between February
28, 1961, and May 7, 1975 or between August 5, 1964, and May 7, 1975, in
all other cases. The term also refers to a person who was discharged or
released from active duty for a service-connected disability if any part
of such active duty was performed in the Republic of Vietnam between
February 28, 1961, and May 7, 1975, or between August 5, 1964, and May
7, 1975, in all other cases. The term ``recently separated veteran''
refers to any veteran during the one-year period beginning on the date
of such veteran's discharge or release from active duty. The term
``other protected veteran'' refers to 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.
[The following text should be used when extending an invitation to
special disabled veterans only.] If you are a special disabled veteran,
we would like to include you in our affirmative action program. If you
would like to be included under the affirmative action program, please
tell us. This information will assist us in placing you in an
appropriate position and in making accommodations for your disability.
The term ``special disabled veteran'' refers to 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 rated at 30
percent or more, or rated at 10 or 20 percent in the case of a veteran
who has been determined by the Department of Veterans Affairs to have a
serious employment handicap. The term also refers to a person who was
discharged or released from active duty because of a service-connected
disability.
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[The following text should be used when extending an invitation to
veterans of the Vietnam era, special disabled veterans, recently
separated veterans, and other protected veterans. If you are a veteran
of the Vietnam era, a special disabled veteran, a recently separated
veteran, or other protected veteran, we would like to include you under
our affirmative action program. If you would like to be included under
the affirmative action program, please tell us. [The contractor should
include here the definitions of ``veteran of the Vietnam era,''
``special disabled veteran,'' ``recently separated veteran'' and ``other
protected veteran'' found in the two preceding paragraphs.]
3. You may inform us of your desire to benefit under the program at
this time and/or at any time in the future.
4. Submission of this information is voluntary and refusal to
provide it will not subject you to any adverse treatment. The
information provided will be used only in ways that are not inconsistent
with the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as
amended.
5. The information you submit will be kept confidential, except that
(i) supervisors and managers may be informed regarding restrictions on
the work or duties of special disabled veterans, and regarding necessary
accommodations; (ii) first aid and safety personnel may be informed,
when and to the extent appropriate, if you have a condition that might
require emergency treatment; and (iii) Government officials engaged in
enforcing laws administered by OFCCP, or enforcing the Americans with
Disabilities Act, may be informed.
6. [The contractor should here insert a brief provision summarizing
the relevant portion of its affirmative action program.]
7. [The following text should be used only when extending an
invitation to special disabled veterans, either by themselves or in
combination with veterans of the Vietnam era, recently separated
veterans, and other protected veterans. Paragraph 7(ii) should be
omitted when the invitation to self-identify is being extended prior to
an offer of employment.] If you are a special disabled veteran it would
assist us if you tell us about (i) any special methods, skills, and
procedures which qualify you for positions that you might not otherwise
be able to do because of your disability so that you will be considered
for any positions of that kind, and (ii) the accommodations which we
could make which would enable you to perform the job properly and
safely, including special equipment, changes in the physical layout of
the job, elimination of certain duties relating to the job, provision of
personal assistance services or other accommodations. This information
will assist us in placing you in an appropriate position and in making
accommodations for your disability.
Appendix C to Part 60-250--Review of Personnel Processes
The following is a set of procedures which contractors may use to
meet the requirements of Sec. 60-250.44(b):
1. The application or personnel form of each known applicant who is
a special disabled veteran, veteran of the Vietnam era, recently
separated veteran, or other protected veteran should be annotated to
identify each vacancy for which the applicant was considered, and the
form should be quickly retrievable for review by the Department of Labor
and the contractor's personnel officials for use in investigations and
internal compliance activities.
2. The personnel or application records of each known special
disabled veteran, veteran of the Vietnam era, recently separated
veteran, or other protected veteran should include (i) the
identification of each promotion for which the covered veteran was
considered, and (ii) the identification of each training program for
which the covered veteran was considered.
3. In each case where an employee or applicant who is a special
disabled veteran, veteran of the Vietnam era, recently separated
veteran, or other protected veteran is rejected for employment,
promotion, or training, the contractor should prepare a statement of the
reason as well as a description of the accommodations considered (for a
rejected special disabled veteran). The statement of the reason for
rejection (if the reason is medically related), and the description of
the accommodations considered, should be treated as confidential medical
records in accordance with Sec. 60-250.23(d). These materials should be
available to the applicant or employee concerned upon request.
4. Where applicants or employees are selected for hire, promotion,
or training and the contractor undertakes any accommodation which makes
it possible for him or her to place a special disabled veteran on the
job, the contractor should make a record containing a description of the
accommodation. The record should be treated as a confidential medical
record in accordance with Sec. 60-250.23(d).
