The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (VEVRAA)
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Summary
The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) is a Federal law that prohibits covered Federal contractors and subcontractors from discriminating against specified categories of veterans protected by the Act, including disabled veterans. VEVRAA also requires covered Federal contractors and subcontractors to take affirmative action to hire, retain, and promote such veterans. In addition, covered Federal contractors and subcontractors must submit an annual report known as the VETS-100 (or VETS-100A) report. The nondiscrimination and affirmative action provisions of VEVRAA are enforced by the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). Note that because disability is the focus of this Advisor, the information provided will focus on employers' obligations under VEVRAA regarding disabled veterans rather than all categories of protected veterans. For additional information regarding VEVRAA and the other categories of protected veterans, please refer to the DOL Federal Contractor Compliance Advisor. For more information regarding the VETS-100 Report, please refer to the Veterans' Employment and Training Service (VETS).
Who is Affected by VEVRAA
VEVRAA was originally enacted in 1973. In 2003, the Jobs for Veterans Act (JVA) amended the VEVRAA rules regarding covered employers, protected groups, and job listing requirements. This means that all Federal contracts and subcontracts entered into before December 1, 2003 are governed by the original VEVRAA requirements as they existed before the enactment of JVA, while all Federal contracts and subcontracts entered into or modified on or after December 1, 2003, are subject to the JVA amendments. Employers with at least one contract entered into before December 1, 2003, and at least one contract entered into or modified on or after December 1, 2003, are subject to both the original VEVRAA and JVA requirements.
Covered Employers: VEVRAA generally applies to all employers who have contracts or subcontracts with the Federal government at or above a specific dollar amount:
For assistance in determining whether you are a covered employer, please refer to the DOL Federal Contractor Compliance Advisor.
Protected Individuals: VEVRAA covers several categories of veterans, including veterans with disabilities:
Employer Responsibilities under VEVRAA
VEVRAA and its implementing regulations include specific requirements for covered employers. Listed below are the key employer responsibilities under VEVRAA:
VEVRAA and Other Federal Disability Nondiscrimination Laws
Most employers are covered by more than one Federal law prohibiting discrimination against job applicants and employees with disabilities. For example, many employers who are Federal contractors covered by VEVRAA are also covered by Section 503 of the Rehabilitation Act and Title I of the Americans with Disabilities Act (ADA).
The general principles underlying all the Federal disability nondiscrimination laws are consistent. Complying with the disability-related obligations imposed under these other laws will not cause employers to violate VEVRAA rules and will sometimes actually satisfy the VEVRAA requirements.
However, some of VEVRAA's disability-related definitions and requirements are more detailed and specific than those of some of the other nondiscrimination laws. For example, for covered employers that entered into Federal contracts before December 1, 2003, VEVRAA protects only "special disabled veterans." The definition of a "special disabled veteran" is narrower than the definition of an "individual with a disability" used by the ADA, Section 503 of the Rehabilitation Act, or Section 188 of the Workforce Investment Act.
In addition, VEVRAA requires that certain government contractors establish affirmative action programs. Section 503 of the Rehabilitation Act also requires certain contractors to establish affirmative action programs. However, Section 188 of the Workforce Investment Act requires that covered employers follow nondiscrimination plans established at the State or local level, and the ADA does not require that employers create or follow any type of affirmative action program. Note that some state laws also mandate additional responsibilities for employers and/or provide additional protections for job applicants and employees with disabilities. Employers need to be familiar with all of the disability nondiscrimination requirements that apply to their business or organization.
Resources
Applicable Law and Regulations
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