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VEVRAA

Attention Disabled Veterans and Veterans of the Vietnam Era !!

       

Updated on Wednesday, July 23, 2008 12:45 AM

Recent Audit of OFCCP and how VEVRAA has been misrepresented.      A must read to understand what VEVRAA does and does not do...  Click Here! to read aduit.

   

Affirmative Action Obligations of Contractors & Subcontractors for Disabled Veterans and Veterans of the Vietnam Era.

VEVRAA    Vietnam Era Veterans Readjustment Assistance Act of 1974

FEDERAL CONTRACTOR PROGRAM

OFCCP    Office of Federal Contract Compliance Programs

OFCCP's ENFORCEMENT PROCEDURES

How to File a Complaint

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Affirmative Action Obligations of Contractors & Subcontractors for Disabled Veterans and Veterans of the Vietnam Era. (VEVRAA) (41 CFR Part 60-250)

The purpose of the regulations in this part is to assure compliance with section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA), which requires government contractors and subcontractors to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era. The regulations in this part apply to all government contracts and subcontracts for the furnishing of supplies or services or for the use of real or personal property (including construction) for $25,000 or more.

Link to the Federal Code '41 CFR Part 60-250'

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Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA)

Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized are protected in employment by the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212.

The law requires that employers with Federal contracts or subcontracts of $25,000 or more provide equal opportunity and affirmative action for Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

A Vietnam era veteran is a person who :

(1) served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released with other than a dishonorable discharge.

(2) was discharged or released from active duty for a service connected disability if any part of such active duty was performed between August 5, 1964 and May 7, 1975.

(3) served on active duty for more than 180 days and served in the Republic of Vietnam between February 28, 1961 and May 7, 1975.

A special Disabled Veteran is a person who is entitled to compensation under laws administered by the Department of Veterans Affairs for a disability rated at 30 percent or more; or, rated at 10 or 20 percent, if it has been determined that the individual has a serious employment disability; or, a person who was discharged or released from active duty because of a service-connected disability.

As a part of affirmative action, Federal contractors and subcontractors are required to list with the local State employment service all employment openings except for executive and top management jobs; jobs which the contractor expects to fill from within; and jobs lasting 3 days or less.

If a covered veteran believes he/she has been discriminated against by a Federal contractor or subcontractor, he or she may file a complaint. Complaints may be filed with the Office of Federal Contract Compliance Programs (OFCCP) or through the local Veteran's Employment Representative at a local State employment service office.

If any covered veteran believes a contractor of the United States has failed to comply or refuses to comply with contract provisions relating to the employment of veterans, the veteran may file a complaint with the Office of Federal Contract Compliance Programs.

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Fact Sheet No. OASVET 97-5

Revised: 1999

FEDERAL CONTRACTOR PROGRAM

Any contractor or subcontractor with a contract of $25,000 or more with the Federal Government must take affirmative action to hire and promote qualified Special disabled veterans, veterans of the Vietnam-era and any other veterans who served on active duty during a war on in a campaign or expedition for which a campaign badge has been authorized.

Contractors and subcontractors with openings for jobs, other than executive or top management jobs, must list them with the nearest State Job Service (also known as State Employment Service) office. The requirement applies to vacancies at all locations of a business not otherwise exempt under the company's Federal contract. Qualified Vietnam- era and special disabled veterans receive priority for referral to Federal contractor job openings listed at those offices. The priority for referral is not a guarantee that referred veterans will be hired.

Federal contractors are not required to hire those referred, but must have affirmative action plans. Contractors with 50 employees and a $50,000 must have a written affirmative action plan. They must be able to show they have followed the plans and that they have not discriminated against veterans or other covered groups. They also must show that they have actively recruited Special disabled veterans, veterans of the Vietnam-era and any other veterans who served on active duty during a war on in a campaign or expedition for which a campaign badge has been authorized and disseminated all information internally regarding promotion activities.

Companies must file an annual VETS-100 report, which shows the number of target veterans in their work force by job category, hiring location, and number of new hires, including targeted veterans hired during the reporting period and the maximum number and minimum number of employees of such contractor during the period covered by the report. Instructions, information and follow-up assistance is provided to employers who do not understand the reporting and other legal requirements. For more information about the VETS- 100 report contact: VETS-100 Processing Center; (703) 461-2460 or E-Mail at, vets100@dyncorp.com  

For more information about the Federal Contractor Program, contact the nearest USDOL Veterans Employment and Training Service representative.

For information about how to list a job opening, contact the nearest State Job Service office listed in the telephone book.

For copies of Affirmative Action Obligations of Contractors and Subcontractors for Disabled Veterans and Veterans of the Vietnam Era, Rules and Regulations, contact:

Employment Standards Administration

Office of Federal Contract Compliance Programs

200 Constitution Ave., NW

U.S. Department of Labor

Washington, D.C. 20210

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Office of Federal Contract Compliance Programs (OFCCP)

Employment Standards Administration Office of Federal Contract Compliance Programs. What is the OFCCP?

The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S. Department of Labor's Employment Standards Administration. It has a national network of six Regional Offices, each with District and Area Offices in major metropolitan centers. The Office of Federal Contract Compliance Programs enforces the following:

Executive Order 11246, as amended

This 30 year-old order, signed by President Lyndon B. Johnson, prohibits discrimination in hiring or employment decisions on the basis of race, color, gender, religion, and national origin. It applies to all nonexempt government contractors and subcontractors and federally assisted construction contracts and subcontracts in excess of $10,000.

Under the Executive Order, contractors and subcontractors with a federal contract of $50,000 or more, and 50 or more employees are required to develop a written affirmative action program that sets forth specific and result-oriented procedures to which a contractor commits itself to apply every good faith effort.

Section 503 of the Rehabilitation Act of 1973, as amended

Prohibits discrimination and requires affirmative action in all personnel practices for qualified individuals with disabilities. It applies to all firms that have a nonexempt Government contact or subcontract in excess of $10,000. An affirmative action program is required.

38 USC 4212 - The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA)

This prohibits discrimination and requires affirmative action in all personnel practices for special disabled veterans, Vietnam Era veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. It applies to all firms that have a nonexempt Government contract or subcontract of $25,000 or more.  An affirmative action program is required.

Immigration Reform and Control Act of 1986 (IRCA)

Requires employers to maintain certain records pertaining to the citizenship status of new employees. These records are examined during the course of compliance reviews and complaint investigations. Results are reported to the Immigration and Naturalization Service.

Title I of the Americans with Disabilities Act of 1990 (ADA)

When this new legislation became effective in July 1992, most qualified individuals with disabilities attained protection against employment discrimination through two federal non-discrimination statutes - the Rehabilitation Act of 1973 and the Americans with Disabilities Act.

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OFCCP's ENFORCEMENT PROCEDURES

In carrying out its responsibilities, the OFCCP uses the following enforcement procedures:

Conducts compliance reviews and complaint investigations of federal contractors and subcontractors personnel policies and procedures.
Obtains Letters of Commitment and Conciliation Agreements from contractors and subcontractors who are in violation of regulatory requirements.
Monitors contractors and subcontractors progress in fulfilling the terms of their agreements through periodic compliance reports.
Forms linkage agreements between contractors and Labor Department job training programs to help employers identify and recruit qualified workers.
Offers technical assistance to federal contractors and subcontractors to help them understand the regulatory requirements and review process.
Recommends enforcement actions to the Solicitor of Labor.
The ultimate sanction for violations is debarment - the loss of a company's federal contracts. Other forms of relief to victims of discrimination may also be available, including back pay for lost wages.

The OFCCP has close working relationships with other Departmental agencies, such as: the Department of Justice, the Equal Employment Opportunity Commission and the DOL, the Office of the Solicitor, which advises on ethical, legal and enforcement issues; the Women's Bureau, which emphasizes the needs of working women; the Bureau of Apprenticeship and Training, which establishes policies to promote equal opportunities in the recruitment and selection of apprentices; and, the Employment and Training Administration, which administers Labor Department job training programs for current workforce needs.

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How to File a Complaint.  Be sure to contact your regional office before submitting complaint.  It can save you a lot of grief and wasted time. 

A compliant may be registered with the OFCCP by completing the Complaint of Discrimination in Employment Under Federal Government Contracts Form (OMB No.:1215-0131) and returning it to the OFCCP Regional Office location nearest you.

This form is available in PDF Format. In order to view and/or print PDF documents you must have a PDF VIEWER.
(You may download the free viewer by clicking the Adobe hyperlink below.)
After the Adobe download, you may then download the Complaint Discrimination Form below.

Download Adobe Viewer   

Download  PDF complaint Form

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