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| November 5, 2008 DOL Home > ESA > OFCCP > Jobs for Veterans Act FAQs |  |
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Office of Federal Contract Compliance Programs (OFCCP)
Jobs for Veterans Act Frequently Asked Questions Below you will find answers to frequently asked questions regarding the new part 60-300 regulations. The FAQs are arranged by "Subject and/or Program Area." If you have a question not answered here, you can email OFCCP at OFCCP-public@dol.gov. General Issues
Reporting Requirements
Jurisdiction
Job Listing Requirements
Affirmative Action Obligations
Protected Veterans
General Issues What is the purpose of the new part 60-300 regulations? The new rule implements changes to the nondiscrimination and affirmative action requirements of Federal contractors and subcontractors that are required by the Jobs for Veterans Act (JVA). The JVA amended the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) by raising the threshold dollar amount of covered Government contracts, changing the categories of veterans protected by the law, and changing the manner in which the mandatory job listing requirement is to be implemented. The final rule is the product of a lengthy deliberative process, including consideration of public input. When did the mandatory listing provisions of the part 60-300 rule become effective? The mandatory listing provisions of the final rule became effective on September 7, 2007. Covered contractors must comply with the requirements of the new rule as of that date. For example, contractors subject to the part 60-300 rule must list all employment openings occurring on or after September 7, 2007 using the requirements of the new regulations. The rule does not apply retroactively.
When should Federal contractors covered by the Jobs for Veterans' Act (JVA) regulations begin inviting applicants to self-identify using the new categories of protected veterans? Contractors covered by the Part 60-300 rule should begin using the new categories of protected veterans in their invitations to self-identify as soon as possible. OFCCP understands that many contractors have already taken significant steps to develop and implement new data systems for extending to all applicants an invitation to self-identify as a veteran who may be covered under the JVA. However, some contractors have delayed implementation in anticipation of the issuance of the Veterans' Employment and Training Service (VETS) final rule implementing the JVA amendments to the reporting requirements under VEVRAA. On May 19, 2008, VETS published its final rule (41 CFR Part 61-300). Although the general effective date of this rule is June 18, 2008, VETS has extended the effective date of the rule's reporting requirements. The extension requires contractors to begin collecting and maintaining the data prescribed by the new VETS regulations at the close of the 2008 reporting cycle, and to report the data for the ensuing 12-month period no later than September 30, 2009. This means that contractors must choose a date, representing the end of a payroll period, between July 1, 2008 and August 31, 2008 to begin collecting and maintaining the data required by the new VETS regulations. Consequently, if a contractor has not already begun using the new categories of protected veterans in its invitation to self-identify, it must do so no later than the date that it has chosen, between July and August 2008, to begin collecting the data required by the new VETS regulations. Are Federal contractors required to update their current year affirmative action plans by the effective date of the part 60-300 regulations? Federal contractors covered by the part 60-300 rule should update their affirmative action plans (AAP) as soon as possible. A contractor that is covered by the part 60-300 rule but has prepared an AAP under the part 60-250 regulations may maintain that AAP without penalty for the duration of the AAP year even if that AAP year overlaps with the effective date of the regulations. Reporting Requirements Has the VETS-100 report been changed to reflect the new categories of protected veterans? The VETS-100 report has not been changed, but a new VETS-100A report, reflecting the new categories of protected veterans, has been created. Under VETS' final rule (41 CFR Part 61-300, located at http://edocket.access.gpo.gov/2008/pdf/E8-10916.pdf), companies with federal contracts entered into or modified after December 1, 2003 are required to use the new VETS-100A report. Companies with federal contracts entered into prior to December 1, 2003 will continue to use the VETS-100 report as required by 41 CFR Part 61-250. Contractors and subcontractors who are subject to both Part 61-250 and 61-300 will be required to file both the VETS-100 and VETS-100A reports. For more information about the VETS final rule, we recommend you visit VETS website at: http://www.dol.gov/vets/ or call the VETS-100 Help Desk at (301) 306-6752 or email helpdesk@vets100.com. When are the VETS-100 and VETS-100A reports due? Contractors who are required to use the VETS-100 report will continue to collect the appropriate data and file by September 30 of each year. Under the VETS final rule (41 CFR Part 61-300), "Contractors are to collect and maintain the data prescribed by the new part 61-300 regulations beginning in the calendar year 2008, and report the data in the VETS-100A Report to be filed by September 30, 2009." Jurisdiction How do I determine if my company is a government contractor covered by the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. §4212 (VEVRAA) regulations? There are currently two different coverage thresholds under VEVRAA.
I am a contractor with a Government contract of less than $100,000 that was entered into prior to December 1, 2003. However, the contract was modified on December 5, 2003 and is for $200,000 of work. What VEVRAA regulations must I follow? You must follow the regulations in 41 C.F.R. 60-300. The term "Government contract" is defined in the regulations at 60-250.2(i) and § 60-300.2(i) as "any agreement or modification thereof between any contracting agency and any person for the purchase, sale, or use of personal property or nonpersonal services (including construction)." The regulations provide that a "modification" is any alteration in the terms and conditions of a contract, including supplemental agreements, amendments, and extensions. Thus, under the VEVRAA regulations, a contract modification is a "Government contract." Government contracts of $100,000 or more that are modified on or after December 1, 2003 are subject to the VEVRAA regulations at 41 C.F.R. part 60-300 exclusively. Existing covered Government contracts that have not been modified on or after December 1, 2003, or modified contracts that do not meet the $100,000 coverage threshold, remain subject to the VEVRAA regulations at 41 C.F.R. part 60-250. I am a contractor with a contract of $25,000 or more entered into prior to December 1, 2003 that has not been modified, and a contract of $100,000 or more entered into after December 1, 2003. What VEVRAA regulations must I follow? Contractors with covered Government contracts entered into both before, and on or after December 1, 2003, are subject to the VEVRAA regulations at 41 C.F.R. parts 60-250 and 60-300. I am a contractor with a contract of less than $100,000 entered into on December 5, 2003. I have no other government contracts. What VEVRAA regulations must I follow? None. A contract of less than $100,000 entered into on or after December 1, 2003 does not meet the threshold coverage amount required by the recent amendments to VEVRAA. Therefore, the contractor is not required to comply with either set of VEVRAA regulations.
Job Listing Requirements What are the new job listing requirements under the Jobs for Veterans Act? The Jobs for Veterans Act (JVA) and the regulation implementing the JVA at 41 CFR 60-300.5 require that contractors list job openings with the appropriate employment service delivery system. Employment openings subject to the mandatory job listing requirement include all positions except (1) executive and top management positions, (2) positions that will be filled from within the contractor's organization, and (3) positions lasting three days or less. Listing with the appropriate employment service delivery system must be done concurrently with a contractor's use of any other recruitment source or effort. How may contractors subject to the part 60-300 regulations fulfill the job listing requirement? Contractors are to fulfill their job listing requirement by listing job openings with the appropriate employment service delivery system. Contractors may satisfy this requirement by listing job openings with the state workforce agency job bank in the state where the job opening occurs or with the appropriate local employment service delivery system where the opening occurs. How frequently must a contractor list employment openings for positions for which the contractor is always accepting applications and continuously has employment openings? The general rule is that contractors are required to list employment openings with the appropriate employment delivery system concurrently with a contractor's use of any other recruitment source or effort. Typically, job vacancy announcements include an opening and closing date for applicants to submit expressions of interest in employment for the job position. In these cases, contractors should list employment openings for such positions at least as often as the contractor considers individuals for a particular position. Thus, for example, if a contractor that routinely hires engineers keeps each vacancy announcement open 15 days on a rolling basis, the contractor should list the engineer employment opening with the appropriate employment delivery system every 15 days. Alternatively, a contractor should list employment openings for these types of positions at least as frequently as the time period used by the employment delivery system to maintain an active listing. For example, if an employment delivery system only keeps job listings active for 30 days, a contractor that is continually accepting applications for a particular position should list the employment opening with the appropriate employment service delivery system every 30 days. What type of agency is considered part of the local employment service delivery system? The employment service delivery system means the public employment offices established under the Wagner-Peyser Act, and known as the Employment Service, that provide a variety of labor exchange services including, but not limited to, job search assistance, job referral, placement assistance, re-employment services and recruitment services. The Employment Service provides these services as part of the One-Stop service delivery system established by the Workforce Investment Act. The names of the agencies providing these services vary and may include the words "Employment Services," "State Workforce Agency," "Employment Security Commission," "Job Service," "Career Center," "Workforce Center," "One-Stop," "Job Center," or "Workforce Development Center."
Is there a particular way contractors must list employment openings with the appropriate employment delivery system? A contractor may satisfy the mandatory job listing requirement by using any means that is permitted by the appropriate employment delivery system for listing employment openings, which may include mail, facsimile (FAX), electronic mail, or other electronic postings. The vast majority of the state workforce agency job banks accept job listings via the Internet. Contractors may use third parties, such as private or non-profit sector job banks, Internet gateway and portal sites, and recruiting services and directories, to assist them with the transmission of job listings to the appropriate employment service delivery system. However, a contractor remains responsible for complying with OFCCP's job listing requirements. Where can I find a link to the state workforce agency job banks? A link to the state workforce agency job banks is available here. This link will allow contractors to identify those state workforce agency job banks that accept electronically-transmitted job listings. I am a Government contractor covered by the part 60-250 regulations. How can I satisfy the mandatory job listing requirement? Contractors covered by the part 60-250 regulations are to satisfy the mandatory job listing requirement by listing employment openings at an appropriate local employment service office where the opening occurs. The name of the appropriate office will vary and may have in its name the words "Employment Services," "State Workforce Agency," "Employment Security Commission," "Job Service," "Career Center," "Workforce Center," "One-Stop," "Job Center," or "Workforce Development Center." Listing with the state workforce agency job bank in the state where the job opening occurs also will satisfy the listing requirement under the part 60-250 regulations.
I am a Government contractor covered by the part 60-250 and part 60-300 regulations. How can I satisfy the mandatory listing requirement? A contractor covered by both the part 60-250 and the part 60-300 regulations will satisfy the listing requirement by listing job openings with the appropriate employment service delivery system. Listing with the state workforce agency job bank in the state where the job opening occurs will satisfy the listing requirement for contractors covered by the part 60-250 and part 60-300 regulations. Contractors subject to both sets of regulations also may satisfy the listing requirement by listing openings with an appropriate local employment service delivery system.
Is a contractor required to list temporary positions? Employment openings subject to the mandatory job listing requirement include all positions except (1) executive and top management positions, (2) positions that will be filled from within the contractor's organization, and (3) positions lasting three days or less. All other employment openings, including those for full-time employment, temporary employment of more than three days' duration, and part-time employment, are subject to the mandatory listing requirement. Can a contractor satisfy the job listing requirement by sending to the appropriate employment delivery system a link to a specific job opening posted on the contractor's website? States have prescribed a variety of procedures for listing job openings and a particular state may permit listing in its employment service delivery system by more than one method. A contractor may satisfy its mandatory job listing obligations under VEVRAA by sending an email message to the local employment service office or the appropriate employment service delivery system that includes a link to a specific job opening on the contractor's website, if this is a method permitted by the employment service delivery system for listing job openings. The mandatory job listing obligation requires that the contractor provide information about an employment opening in the manner prescribed by the employment service delivery system for listing employment openings in the system. The contractor must provide information that is sufficient to allow the appropriate employment service delivery system to carry out its responsibilities under VEVRAA to give protected veterans priority in referrals to federal contractor employment openings.
What kind of documentation is a contractor required to maintain to demonstrate compliance with the mandatory listing requirement? Contractors must maintain documentation showing that they submitted information about their employment openings in the manner prescribed by the appropriate employment service delivery system for listing job openings. Such records may include, but are not limited to, copies of emails, other electronic transmissions, facsimiles, or letters to the appropriate employment service delivery system. In addition, during a compliance evaluation, a compliance officer will request documentation from the employment service delivery system to confirm that a contractor is in compliance with the mandatory job listing requirement. Usually, this documentation is a printout of all job listings for the contractor under review received by the employment service delivery system.
What should a contractor do if it attempts to send job listings to an appropriate employment service delivery system electronically but the listings are returned as undeliverable? If job listings are returned as undeliverable, the contractor should first contact the employment service delivery system to ensure that it has followed the proper procedures prescribed by the employment service delivery system for listing employment openings. If it has not, the contractor should send its job listings to the employment service delivery system using the appropriate employment service delivery system procedures. The contractor should retain documentation showing that it submitted information about its employment openings in the manner prescribed by the appropriate employment service delivery system for listing job openings. If the appropriate employment service delivery system fails to list a job opening for reasons that are outside the contractor's control, OFCCP will not regard the contractor as failing to comply with its mandatory job listing obligation. How should a contractor list an employment opening that does not have a specific site where the work will be performed, such as "work-at-home" positions or positions that could be performed in multiple locations? OFCCP has interpreted the appropriate employment service delivery system to be the system where the opening occurs. Generally, this is the employment service delivery system where the job is expected to be performed. If the location where the job will be performed is undecided, contractors should list the employment opening with the appropriate employment service delivery system in the locations where the contractor expects the jobs will be performed.
If a contractor arranges to have a third party list its job openings with the appropriate employment service delivery system, what kind of documentation will OFCCP expect the contractor to provide during a compliance evaluation? A contractor remains responsible for ensuring that its job openings are listed with the appropriate employment service delivery system, whether the contractor submits job openings directly to the appropriate employment service delivery system, or uses a third party to deliver the job openings on its behalf. The contractor must provide documentation that it submitted its job listings to the third party and that this entity listed the contractor's job openings using a method permitted by the appropriate employment service delivery system for listing employment openings. Documentation may include, but is not limited to, the following: an e-mail, fax, or regular mail transmission receipt from the third party showing that the job listing had been forwarded to the employment service delivery system, or telephone records documenting communications between the third party and the appropriate employment service delivery system. During a compliance evaluation, a compliance officer will request documentation from the employment service delivery system to confirm that a contractor is in compliance with the mandatory job listing requirement. Usually, this documentation is a printout of all job listings for the contractor under review received by the employment service delivery system. Affirmative Action Obligations What are my affirmative action obligations as a Federal contractor covered by VEVRAA? The Equal Employment Opportunity Clause in a Federal contract requires that you practice nondiscrimination and take affirmative action in employment with respect to covered veterans. Affirmative actions are the actions, policies, and procedures designed to achieve equal employment opportunity. The affirmative action obligation requires (1) thorough, systematic efforts to prevent discrimination from occurring or to detect it and eliminate it as promptly as possible; and (2) proactive recruitment and outreach measures. You also may be required to develop a written affirmative action program for each of your establishments if you have 50 or more employees and (1) a contract of $50,000 or more entered into before December 1, 2003 or (2) a contract of $100,000 or more entered into or modified on or after December 1, 2003. I am a contractor covered under parts 60-250 and 60-300. Must I develop two VEVRAA affirmative action plans (AAPs)? A contractor that must comply with both sets of VEVRAA regulations need not develop two AAPs. The JVA amendments did not affect the required contents of the written AAP under VEVRAA. Since the contents of the written AAP required under § 60-300.44 and § 60-250.44 are the same, contractors may develop a single AAP that satisfies the requirements of both regulations. The affirmative action efforts of a contractor covered by both sets of regulations must include all veterans protected by law.
What are some examples of types of proactive recruitment and outreach measures that I can employ to attract qualified veterans? Contractors are required to make good faith efforts to employ qualified covered veterans. OFCCP recommends that contractors take the following steps:
Protected Veterans What groups of veterans are covered under part 60-250? Special disabled veteran
Veteran of the Vietnam Era — A Person Who:
Other protected veteran — 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. Recently separated veteran — any veteran during the one-year period beginning on the date of such veteran's discharge or release from active duty.
What groups of veterans are covered under part 60-300? Disabled Veteran
Recently separated veteran — any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval or air service. Armed Forces service medal veteran — any veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985. Other protected veteran — a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense. How does a Federal contractor determine whether a veteran is protected under the 41 CFR part 60-250 and 60-300 regulations? The regulations in part 60-300 implementing the JVA amendments, like the existing VEVRAA implementing regulations in part 60-250, require that contractors extend to all applicants an invitation to self-identify as a veteran who may be covered under the Act and wishes to benefit under the affirmative action program. If a contractor is covered by part 60-250 and 60-300, the contractor may continue using the part 60-250 sample invitation to self-identify form and add the part 60-300 sample invitation to self-identify form. Contractors also may choose to combine the two sample invitation to self-identify forms provided in part 60-250 and 60-300 such that the contractor extends to applicants one invitation to self-identify which lists all of the categories of veterans protected under part 60-250 and 60-300. The self-identification language provided in Appendix B is sample language that a contractor may use. The definitions section of the Final Rule, at 60.300.2, provides a detailed definition for each category of veteran protected under the JVA. Contractors may use either the definitions in 60.300.2 or the sample language found in Appendix B when developing a Self-Identification Form.
I am a covered veteran and believe I have been discriminated against in employment by a Federal contractor. What can I do? You may file a complaint with OFCCP if you believe you have been discriminated against by a Federal contractor or subcontractor because of your protected veteran status. Complaints generally must be filed within 300 days of the alleged discrimination. More information on how to file a complaint. The Uniformed Service Employment and Reemployment Rights Act (USERRA), which is administered by the Veterans' Employment Training Service (VETS), Department of Labor, also protects veterans from employment discrimination based on their military service or affiliation. Instructions on filing a complaint with VETS.
Did Congress change whether Vietnam era veterans are protected? By statute, Vietnam era veterans are no longer separately covered under the JVA. However, many Vietnam era veterans will be covered under other categories of protected veterans. For more information regarding the categories of protected veteran, see the question above. Are Vietnam era veterans protected under VEVRAA if a contractor entered into a contract of $25,000 or more before December 1, 2003? Yes, unless the contract was modified on or after December 1, 2003 and was for at least $100,000. However, as stated previously, in many instances Vietnam era Veterans will be protected under VEVRAA because they also belong to one of the categories covered under the JVA and the regulations in part 60-300. Where can I find additional information on the wars, campaign or expeditions for which a campaign badge has been authorized, under the laws administered by the Department of Defense? You may find additional information on the wars, campaign or expeditions for which a campaign badge has been authorized from the following Web sites:
How can a contractor verify that an individual is a recipient of an Armed Forces service medal? The form used to document a veteran's separation from active duty military service, called the DD Form 214, Certificate of Release or Discharge from Active Duty, indicates whether a veteran is a recipient of the Armed Forces service medal. Veterans who self-identify as an "Armed Forces Service Medal Veteran" may be asked to provide a copy of this form. Where can I find more information on the operations that qualify a veteran for an Armed Forces service medal? You may find additional information about the Armed forces service medal from the following Web sites:
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