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The U.S. Department of Labor (DOL) Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) promotes equal employment opportunity on behalf of specified categories of veterans protected by the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. The law also prohibits employers from discriminating against past and present members of the uniformed service and applicants to the uniformed service. The DOL's Veterans' Employment and Training Service (VETS) administers USERRA and also assists veterans, reservists, and National Guard members in securing employment.
In addition, the Office of Personnel Management (OPM) administers entitlement to veterans preference in federal employment and retention decisions on behalf of veterans who are disabled or who serve on active duty in the Armed Forces during certain specified time periods or in military campaigns.
Additional information on hiring veterans is available from the U.S. Department of Veterans Affairs (VA).
COMPLIANCE ASSISTANCE MATERIALS
- Employment Law Guide - Employment Discrimination and Equal Opportunity for Certain Veterans Who Served on Active Duty and Special Disabled Veterans - Provides a summary of the laws and regulations prohibiting employment discrimination by federal contractors against disabled veterans and certain veterans who served on active duty.
- Employment Law Guide - Uniformed Service Members - Provides a summary of the law protecting persons who perform duty in the uniformed services from discrimination in employment decisions.
- Federal Contract Compliance Manual - This reference tool for federal contractors, equal employment opportunity (EEO), and human resources managers describes DOL's Office of Federal Contract Compliance Programs' (OFCCP) standard operating procedures for OFCCP compliance officers.
- Jobs for Veterans Act Basic Questions and Answers - Provides 17 basic questions and answers applicable to the Workforce Investment Act's Adult and Dislocated Workers Program, including Welfare-to-Work.
- Filing a Complaint - Individuals may file a complaint if they believe they have been discriminated against by federal contractors or subcontractors. Members of the uniformed services who believe they have been discriminated against in employment decisions on the basis of their participation in the uniformed services may contact DOL's Veterans Employment and Training Service (VETS).
- Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) - Describes the responsibilities of federal contractors and subcontractors under VEVRAA to provide equal opportunity and affirmative action in the hiring of veterans.
- Federal Contractor Program (VETS 100) - Provides information on the equal employment and affirmative action obligations of federal contractors and subcontractors, including the filing of the VETS 100 report.
- Hiring Veterans Fact Sheet
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- elaws Federal Contract Compliance Advisor - Helps federal contractors and subcontractors answer basic questions about coverage and compliance issues related to the equal employment opportunity laws administered by the Office of Federal Contract Compliance Programs (OFCCP).
- elaws Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor - Helps employers and employees understand veterans' employee eligibility and job entitlements, employer obligations, benefits, and remedies under USERRA.
- Uniformed Services Employment and Reemployment Rights Act (USERRA) poster - Notice for use by private and State employers.
- Uniformed Services Employment and Reemployment Rights Act (USERRA) poster - Notice for use by Federal agency employers.
- Equal Employment Opportunity (EEO) Poster (Español)
Federal contractors are required to preserve any personnel or employment records made or kept by the contractor. Examples of records that must be maintained include but are not limited to: job descriptions; job postings and advertisements; records of job offers; applications and resumes; interview notes; tests and test results; written employment policies and procedures; and personnel files. Contractors must keep these records for two years from the date of the making of the personnel record or the personnel action, whichever occurs later. Contractors with fewer than 150 employees or a contract of less than $150,000 have to keep records for only one year.
- VETS-100 - Federal contractors and subcontractors with a federal contract of $25,000 or more, entered into before December 1, 2003, are required to complete an annual report showing the numbers of qualified special disabled veterans, veterans of the Vietnam era, and any other protected veterans hired or employed during the reporting period. Note that the Job for Veterans Act (JVA) has amended VEVRAA, changing the VETS-100 reporting requirements for contracts entered into on or after December 1, 2003. These changes (1) raise the reporting threshold from $25,000 to $100,000, and (2) modify the categories of covered veterans in the report. Any contractor or subcontractor whose only federal contract is a contract of $100,000 or more entered into on or after December 1, 2003, is not required to file a VETS-100 report until new regulations are published by DOL's Veterans' Employment and Training Service (VETS) implementing these changes.
APPLICABLE LAWS AND REGULATIONS
- Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended (VEVRAA) - Requires that contractors and subcontractors with a federal contract or subcontract in the amount of $100,000 or more, entered into on or after December 1, 2003, for the purchase, sale, or use of personal property or non-personal services (including construction), take affirmative action to employ and advance in employment qualified covered veterans. Disabled veterans, recently separated veterans (veterans within 3 years of their discharge or release from active duty), veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized (referred to as “other protected veterans”), and Armed Forces service medal veterans are covered veterans under VEVRAA.
Prior to amendments made by the Jobs for Veterans Act (JVA), VEVRAA applied to contracts in the amount of $25,000 or more, and covered other categories of veterans. The JVA amendments apply only to contracts entered into on after December 1, 2003. For contracts or subcontracts of $25,000 or more, entered into before December 1, 2003, VEVRAA requires contractors to employ and advance in employment qualified disabled veterans, veterans of the Vietnam era, recently separated veterans (veterans within 1 year of their discharge or release from active duty), and other protected veterans. - 41 CFR Part 60-250 - Regulations regarding the affirmative action obligations of contractors and subcontractors for qualified special disabled veterans and veterans of the Vietnam era.
- Uniformed Services Employment and Reemployment Rights Act (USERRA) - Mandates that certain persons who serve in the armed forces have a right to reemployment with the employer they were with when they entered service. This includes those called up from the reserves or National Guard.
- 20 CFR Part 1002 - Final regulations issued December 19, 2005 that implement the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA). This rule, which explains the employment and reemployment rights and benefits of service members who are returning to civilian life, is effective on January 18, 2006.
- 20 CFR Part 1002 - Final regulations issued December 19, 2005 that implement the notice requirements of the Veterans Benefits Improvement Act of 2004 (VBIA). This rule is effective on January 18, 2006 and replaces the interim final rule of March 10, 2005.
- Hire Vets First - A campaign sponsored by the President's National Hire Veterans Committee to heighten employer awareness about the employability of veterans that will refer employers interested in hiring veterans to local One-Stop Career Centers.
- U.S. Department of Veterans Affairs (VA) - The government resource that provides information on programs and benefits for veterans, and locations of VA facilities worldwide.
- Vocational Rehabilitation and Employment (VR&E) - This program assists veterans with service-connected disabilities to achieve employment or enhance their ability to function independently at home and in the community.
- Special Programs from the VA - Several VA programs target specific veteran populations such as disabled, homeless, minority, and women veterans.
- Office of Personnel Management (OPM) - Guide to Veterans Preference
- elaws e-VETS Advisor - Helps active duty personnel, veterans, reservists, Guard members, and their family members sort through the vast amount of resources available on the Internet.
- elaws Veterans' Preference Advisor - Helps veterans examine preferences they may be entitled to with regard to federal employment.
- Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Tel: 1-866-4-USA-DOL (1-866-487-2365) (1-866-487-2365) or 202-693-4770
TTY: 1-877-889-5627
Local Offices -
Office of Federal Contract Compliance Programs (OFCCP)
200 Constitution Avenue, NW
Room C-3325
Washington, DC 20210
E-mail: OFCCP-Public@dol.gov
Tel: 1-866-4-USA-DOL (1-866-487-2365) (1-866-487-2365), or 1-800-397-6251
TTY: 1-877-889-5627
Local Offices - For questions on other DOL laws,
please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
Tel: 1-866-4-USA-DOL (1-866-487-2365)
TTY
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.