Jobs for Veterans Act Summary; September 2007
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs published regulations on August 8, 2007 that would implement the amendments to the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) that were made by the Jobs for Veterans Act of 2002 (JVA). The new regulations are effective September 7, 2007.
The new regulations apply to government contracts of $100,000 or more entered into or modified on or after December 1, 2003. Government contracts of $25,000 or more entered into prior to December 1, 2003 will continue to follow the existing regulations (41 CFR 60-250) that implement VEVRAA.
The following is a summary of the changes to the obligations of federal contractors and sub-contractors who enter into contracts of $100,000 or more on or after December 1, 2003:
- The JVA increased the coverage threshold from a contract of $25,000 or more to a contract of $100,000 or more.
- The JVA eliminated the category of Vietnam era veterans from coverage under VEVRAA.
- The final rule adds a new category of covered veterans described as those “veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985.”
- The final rule expands the coverage of veterans with disabilities. Prior to amendment by the JVA, the VEVRAA covered veterans rated as having a 10% to 20% serious employment handicap or a disability rated 30% or more by the Department of Veterans Affairs. The JVA amendments expanded coverage to include all veterans with service-connected disabilities.
- The final rule expands the coverage of “recently separated veteran” from one to three years after discharge or release from active duty.
- The JVA changed the manner in which covered contractors implement the mandatory job listing. The new regulations permit covered contractors to satisfy the mandatory listing requirement by listing job openings with the appropriate state workforce agency job bank or local employment delivery system. Many state workforce agency job banks accept job postings via the Internet, and a list of hyperlinks can be found at http://www.jobbankinfo.org.
Impact
The following policies, procedures, forms, and documents must be modified to reflect the expanded coverage of veterans:
- The University’s nondiscrimination policy regarding employment
- The University’s nondiscrimination policy statement for publications
- The Data Transmittal Form and the payroll personnel systems that support the form
- Local Affirmative Action Plans. The new regulations provide that contractors may develop a single affirmative action plan that satisfies the requirements of both sets of regulations (i.e., regulations that implement the VEVRAA and the JVA).
- The Equal Employment Opportunity clause included in Federal contracts entered into on or after December 1, 2003
- The VETs-100 Report beginning with the September 30, 2008 report
In addition, local employment offices must ensure that job openings, as specified by the JVA, are listed with the appropriate state workforce agency job bank or local employment delivery system.
Next Steps
The Diversity and Employee Programs Unit is revising the University’s Nondiscrimination Policy and Statement for Publications, as well as the Data Transmittal Form, and will share draft documents with all stakeholders later this month. In addition, the Unit will work with Information Resources & Communications in the Office of the President to ensure that payroll personnel system modifications are made to support the revised Data Transmittal Form and VETs-100 reporting.