US DOL Final Rule Makes Changes to Vietnam Era Veterans’ Readjustment Assistance Act

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Recently the US DOL announced a Final Rule that will improve job opportunities for protected veterans. The Final Rule makes changes to the regulations implementing the Vietnam Veterans’ Readjustment Act (VEVRAA). The Act prohibits federal contractors and subcontractors from discriminating against protected veterans in employment and requires contractors and subcontractors to take affirmative action to recruit, hire, promote and retain veterans. Specifically, the amendments strengthen the affirmative action provisions aiding contractors in their efforts to recruit and hire protected veterans, thereby improving their job opportunities. The Final Rule which will be published shortly in the Federal Register will be effective 180 days after its publication.

So what exactly does the Final Rule cover, you ask?

Final Rule Highlights

Hiring Benchmarks

Annual hiring benchmark requirement added to eliminate discrimination

  • Contractors must use one of two methods to establish their benchmarks
  1. Benchmark equal to national percentage of veterans in civilian labor force (updated annually by Office of Federal Contract Compliance Programs (OFCCP))
  2. Individual benchmark using data from Bureau of Labor Statistics (BLS) and Veterans’ Employment and Training Service/Employment and Training Administration (VETS/ETA), also published by the OFCCP

Data Collection

Contractors must document and update annually several quantitative comparisons for the number of veterans who apply for jobs and the number actually hired.

  • Reason for data – to assist in measuring the effectiveness of a contractors outreach and enforcement efforts
  1. Data must be maintained for three (3) years

Invitation to Self-Identify

Contractors must invite applicants to self-identify as protected veterans at the following phases of the application process:

  • Pre-offer
  • Post-offer

The Final Rule includes sample invitations to self-identify which contractors may use.

Incorporation of the EO Clause

Requirement to incorporate the equal opportunity clause into subcontracts by reference.

  • Mandated language will alert subcontractors to their responsibilities as Federal Contractors

Job Listings

Job openings must meet requirements

  • When contractors have job openings they must provide information in a manner and format permitted by the appropriate State or local job service. This will allow the State or local job service to access and use the information to make the job listings available to job seekers

Records Access

Contractors must allow OFCCP to review documents related to:

  • Compliance checks, or
  • Focused reviews
  • Both on or off site at the OFCCP’s option

At the OFCCP’s request, contractors must inform OFCCP of all formats in which it maintains its records.

According to the DOL “current contractors with a written affirmative action program (AAP) already in place on the effective date have additional time to come into compliance with the AAP requirements”. This affords contractors the opportunity to maintain their current AAP cycles.