The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (VEVRAA)

Topics

• Summary
• Who is Affected by VEVRAA
• Employer Responsibilities under VEVRAA
• VEVRAA and Other Federal Disability Nondiscrimination Laws
• Resources

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VEVRAA was originally enacted in 1973.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:

• Employers that entered into a contract or subcontract with the Federal government before December 1, 2003, are covered only if the contract is for $25,000 or more. See 41 CFR 60-300.4.
• Employers that entered into or modified a contract or subcontract with the Federal government on or after December 1, 2003, are covered only if the contract is for $100,000 or more. See 41 CFR 60-300.4.

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:

• For contracts entered into before December 1, 2003, protected individuals with disabilities must meet the definition of special disabled veteran. See 41 CFR 60-300.1.
• For contracts entered into or modified on or after December 1, 2003, protected individuals with disabilities must meet the definition of disabled veteran. See 41 CFR 60-300.1.

Employer Responsibilities under VEVRAA

VEVRAA and its implementing regulations include specific requirements for covered employers. Listed below are the key employer responsibilities under VEVRAA:

• Nondiscrimination. Covered employers must implement and follow nondiscriminatory practices in all aspects of hiring and employment of special disabled veterans (for Federal contracts entered into before December 1, 2003) or disabled veterans (for contracts entered into on or after December 1, 2003). This includes recruitment, job application procedures, hiring, compensation, promotion and career advancement, demotion or termination, job assignments, training, leaves of absence, fringe benefits and all other terms, conditions and privileges of employment. See 41 CFR 60-300.20.
• Reasonable Accommodations. Covered employers must provide reasonable accommodations for the known physical or mental limitations of otherwise qualified applicants who are protected disabled veterans. Employers are not required to provide any accommodation that would create an undue hardship on their operation. See 41 CFR 60-300.21(f).
• Affirmative Action. Covered employers must take affirmative action to employ and advance in employment specified categories of veterans, including special disabled veterans and disabled veterans at all levels of employment, including the executive level. In addition, certain covered employers must maintain a written affirmative action program (AAP):
  • Employers that have 50 or more employees and a Federal contract or subcontract of $50,000 or more entered into before December 1, 2003, must maintain an AAP. See 41 CFR 60-300.40.
  • Employers that have 50 or more employees and a Federal contract or subcontract of $100,000 or more entered into or modified on or after December 1, 2003, must maintain an AAP. See 41 CFR 60-300.40.
  Covered employers that are required to maintain an AAP must designate a responsible individual for its implementation.
  
  Click here to view a sample AAP.
  
  
• Selection Criteria and the Administration of Tests. Covered employers may not use qualification standards, employment tests, or other employment selection criteria that have the effect of screening out individuals with disabilities on the basis of their status as a special disabled veteran or disabled veteran, unless the standard, test, or other selection criterion, as used by the covered employer, is shown to be job-related and consistent with business necessity. See 41 CFR 60-300.21(g).
• Medical Examinations and Pre-employment Inquiries. Covered employers must ensure that all medical examinations and pre-employment medical inquiries are limited to those allowed under the law. Before extending a job offer, covered employers generally may not require pre-employment medical examinations or make disability-related inquiries (questions that are likely to reveal whether an applicant is a special disabled veteran or disabled veteran or the nature or severity of a protected veteran's disability). Employers may, however, make pre-employment inquiries into the ability of an applicant to perform job-related functions, and/or may ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will be able to perform the essential functions of the job. Employers may also require a medical examination or make a disability-related inquiry after making an offer of employment but before the applicant begins his duties. The employer may condition the employment offer on the results of such inquiry or examination, if all employees entering into the same job category are subjected to such examination or inquiry, regardless of disability. If a job offer is withdrawn because of a disability, the selection criteria used must be job-related and consistent with business necessity. In addition, the contractor may require a medical examination or make an inquiry of a current employee if the examination or inquiry is job-related and consistent with business necessity. Note that this obligation is similar to that of other Federal disability nondiscrimination laws but it applies specifically to inquiring whether individuals are special disabled veterans or disabled veterans rather than protected individuals with disabilities. See 41 CFR 60-300.23.
  
  
• Invitation to Self-Identify. Covered employers are required to invite job applicants to self-identify as to whether or not they have a disability in order to benefit from any affirmative action programs covered employers may have. Employers must do this after making the employment offer but before the applicant begins employment duties. Note that covered employers may invite self identification before an offer has been made when carrying affirmative action for special disabled veterans, or disabled veterans, that goes above and beyond the general VEVRAA requirements. For example, a covered employer might apply a special hiring preference for individuals with disabilities, or other Federal, state or local laws might require affirmative action for special disabled or disabled veterans. See 41 CFR 60-300.42. See also 41 CFR Part 60-300, Appendix B for a sample invitation to self-identify.
• Notice/Posters. Covered employers must provide employees and applicants with notice of their rights to equal employment and nondiscrimination in employment. Employers must display the specific poster, "Equal Employment Opportunity is the Law," in a prominent location so that it is readily seen by job applicants and employees, and must make the contents of the poster available to applicants and employees with disabilities. For example, the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it can be viewed by a person in a wheelchair. Employers may obtain a copy of this poster on DOL's website. DOL recognizes that there are differences between this poster and the poster provided by the Equal Employment Opportunity Commission (EEOC). Despite these differences, both posters are accepted as valid by both DOL and EEOC. See 41 CFR 60-300.5.
• Equal Opportunity Clause. Covered employers must include an equal opportunity clause in each of their covered contracts and subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract). The regulations provide the required language for this clause at 41 CFR 60-300.5.
• Mandatory Listing of Job Openings. Covered employers must list available employment opportunities:
  • Employers with Federal contracts or subcontracts must list open job opportunities with an appropriate employment service delivery system. Employers may list employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs to satisfy this requirement. See 41 CFR 60-300.5(a) 2-6 (2014).
• Recordkeeping. Covered employers must maintain personnel and employment records. In general, the length of time for which these records must be retained depends on the size of the employer and the size of the Federal contract or subcontract.
  • Covered employers with fewer than 150 employees or who do not have a Federal contract of at least $150,000 are required to keep personnel and employment records for at least one year from the day the record was made or the personnel action was taken, whichever is later.
  • Covered employers with at least 150 employees and who have a contract of at least $150,000 must maintain personnel and employment records for two years from the day the record was made or the personnel action was taken, whichever is later.
  • Where a covered employer has received notice that a discrimination complaint has been filed or a compliance evaluation or enforcement action has been initiated, the employer must retain all relevant personnel records until the matter has been resolved.
    
    See 41 CFR 60-300.80.
• VETS-100 Report. Covered employers are required to submit an annual report, known as the VETS-100 or VETS-100A report:
  • For covered employers with contracts entered into before December 1, 2003, the VETS-100 report must show the number of special disabled veterans, veterans of the Vietnam era, and any other protected veterans that were hired or employed during the reporting period.
  • For covered employers with contracts entered into or modified on or after December 1, 2003, the VETS-100A report must show the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans that were hired or employed during the reporting period. See 41 CFR Part 61-300.
  For additional information on the VETS-100 Report, please visit the Department of Labor's VETS-100 site.
• Compliance Evaluations. DOL's OFCCP investigates VEVRAA compliance either through routine scheduled compliance evaluations (see 41 CFR 60-300.60) or in response to complaints (see 41 CFR 60-300.61). If a violation is found, OFCCP may ask the covered employer to enter into conciliation negotiations. Should such conciliation efforts fail, OFCCP may initiate an administrative enforcement proceeding by issuing an administrative complaint against your business or organization. See 41 CFR 60-300.62.
• Retaliation, Intimidation and Interference. Covered employers must take all necessary actions to ensure that no one intimidates or discriminates against any individual for taking certain actions, such as filing a complaint, opposing an unlawful action, or participating in an investigation or other proceeding under VEVRAA. See 41 CFR 60-300.69.

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

• The Vietnam Era Veterans' Readjustment Assistance Act
• Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Special Disabled Veterans, Veterans of the Vietnam Era, Recently Separated Veterans, and Other Protected Veterans – 41-CFR 60-300

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