The term ``discrimination'' includes, but is not limited to, the
acts described in this section and Sec. 60-250.23.
(a) Disparate treatment. It is unlawful for the contractor to deny
an employment opportunity or benefit or otherwise to discriminate
against a qualified individual because of that individual's status as a
special disabled veteran, veteran of the Vietnam era, recently separated
veteran, or other protected veteran.
(b) Limiting, segregating and classifying. Unless otherwise
permitted by this part, it is unlawful for the contractor to limit,
segregate, or classify a job applicant or employee in a way that
adversely affects his or her employment opportunities or status on the
basis of that individual's status as a special disabled veteran, veteran
of the Vietnam era, recently separated veteran, or other protected
veteran. For example, the contractor may not segregate qualified special
disabled veterans, veterans of the Vietnam era, recently separated
veterans, or other protected veterans into separate work areas or into
separate lines of advancement.
(c) Contractual or other arrangements--(1) In general. It is
unlawful for the contractor to participate in a contractual or other
arrangement or relationship that has the effect of subjecting the
contractor's own qualified applicant or employee who is a special
disabled veteran, veteran of the Vietnam era, recently separated
veteran, or other protected veteran to the discrimination prohibited by
this part.
(2) Contractual or other arrangement defined. The phrase
``contractual or other arrangement or relationship'' includes, but is
not limited to, a relationship with: an employment or referral agency; a
labor organization, including a collective bargaining agreement; an
organization providing fringe benefits to an employee of the contractor;
or an organization providing training and apprenticeship programs.
(3) Application. This paragraph (c) applies to the contractor, with
respect to its own applicants or employees, whether the contractor
offered the contract or initiated the relationship, or whether the
contractor accepted the contract or acceded to the relationship. The
contractor is not liable for the actions of the other party or parties
to the contract which only affect that other party's employees or
applicants.
(d) Standards, criteria or methods of administration. It is unlawful
for the contractor to use standards, criteria, or methods of
administration, that are not job-related and consistent with business
necessity, and that:
(1) Have the effect of discriminating on the basis of status as a
special disabled veteran, veteran of the Vietnam era, recently separated
veteran, or other protected veteran; or
(2) Perpetuate the discrimination of others who are subject to
common administrative control.
(e) Relationship or association with a special disabled veteran,
veteran of the Vietnam era, recently separated veteran, or other
protected veteran. It is unlawful for the contractor to exclude or deny
equal jobs or benefits to, or otherwise discriminate against, a
qualified individual because of the known special disabled veteran,
Vietnam era veteran, recently separated veteran, or other protected
veteran status of an individual with whom the qualified individual is
known to have a family, business, social or other relationship or
association.
(f) Not making reasonable accommodation. (1) It is unlawful for the
contractor to fail to make reasonable accommodation to the known
physical or
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mental limitations of an otherwise qualified applicant or employee who
is a special disabled veteran, unless such contractor can demonstrate
that the accommodation would impose an undue hardship on the operation
of its business.
(2) It is unlawful for the contractor to deny employment
opportunities to an otherwise qualified job applicant or employee who is
a special disabled veteran based on the need of such contractor to make
reasonable accommodation to such an individual's physical or mental
impairments.
(3) A qualified special disabled veteran is not required to accept
an accommodation, aid, service, opportunity or benefit which such
qualified individual chooses not to accept. However, if such individual
rejects a reasonable accommodation, aid, service, opportunity or benefit
that is necessary to enable the individual to perform the essential
functions of the position held or desired, and cannot, as a result of
that rejection, perform the essential functions of the position, the
individual will not be considered a qualified special disabled veteran.
(g) Qualification standards, tests and other selection criteria
(1) In general. It is unlawful for the contractor to use
qualification standards, employment tests or other selection criteria
that screen out or tend to screen out individuals on the basis of their
status as special disabled veterans, veterans of the Vietnam era,
recently separated veterans, or other protected veterans, unless the
standard, test or other selection criterion, as used by the contractor,
is shown to be job-related for the position in question and is
consistent with business necessity. Selection criteria that concern an
essential function may not be used to exclude a special disabled veteran
if that individual could satisfy the criteria with provision of a
reasonable accommodation. Selection criteria that exclude or tend to
exclude individuals on the basis of their status as special disabled
veterans, veterans of the Vietnam era, recently separated veterans, or
other protected veterans but concern only marginal functions of the job
would not be consistent with business necessity. The contractor may not
refuse to hire an applicant who is a special disabled veteran because
the applicant's disability prevents him or her from performing marginal
functions. When considering a special disabled veteran, veteran of the
Vietnam era, recently separated veteran, or other protected veteran for
an employment opportunity, the contractor may not rely on portions of
such veteran's military record, including his or her discharge papers,
which are not relevant to the qualification requirements of the
opportunity in issue.
(2) The Uniform Guidelines on Employee Selection Procedures, 41 CFR
part 60-3, do not apply to 38 U.S.C. 4212 and are similarly inapplicable
to this part.
(h) Administration of tests. It is unlawful for the contractor to
fail to select and administer tests concerning employment in the most
effective manner to ensure that, when a test is administered to a job
applicant or employee who is a special disabled veteran with a
disability that impairs sensory, manual, or speaking skills, the test
results accurately reflect the skills, aptitude, or whatever other
factor of the applicant or employee that the test purports to measure,
rather than reflecting the impaired sensory, manual, or speaking skills
of such employee or applicant, except where such skills are the factors
that the test purports to measure.
(i) Compensation. In offering employment or promotions to special
disabled veterans, veterans of the Vietnam era, recently separated
veterans, or other protected veterans, it is unlawful for the contractor
to reduce the amount of compensation offered because of any income based
upon a disability-related and/or military-service-related pension or
other disability-related and/or military-service-related benefit the
applicant or employee receives from another source.
