The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) of 1974 is a U.S. federal law requiring federal contractors and subcontractors to take affirmative action to recruit, hire, promote, and retain protected veterans.
Key Provisions of VEVRAA
- Affirmative Action Requirements:
- VEVRAA requires federal contractors and subcontractors with contracts of $150,000 or more to take affirmative action to employ and advance in employment qualified veterans.
- This includes actively recruiting, hiring, and promoting veterans, ensuring they have the same opportunities as other candidates.
- Federal contractors and subcontractors covered by VEVRAA must develop and maintain written Affirmative Action Programs (AAPs). These plans outline policies and procedures that the contractor will follow to promote equal employment opportunities for protected veterans.
- As part of their AAPS, covered contractors must set, for each of their establishments, annual hiring benchmarks for protected veterans, based on one of two methods: (1) the national percentage of veterans in the workforce (adjusted annually by the OFCCP and available at https://www.dol.gov/agencies/ofccp/vevraa/hiring-benchmark) (2) OR an individualized benchmark based on their workforce and labor market conditions – specifically, the five factors described in 41 CFR §60-300.45(b)(2) (more information on those factors is available at https://www.dol.gov/agencies/ofccp/vevraa/hiring-benchmark/method).
The benchmark applies only to hiring data applied in federal contractors’ AAPs. Failure to meet the benchmark will not carry any penalties. Rather, contractors should use the result of this comparison when assessing the effectiveness of their veteran outreach and recruitment efforts to determine if further efforts are necessary.
- Protected Veteran Categories: The regulation identifies specific categories of veterans who are protected under VEVRAA:
- Disabled Veterans. A disabled veteran is (1) any veteran of the U.S. military, ground, naval, or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans Affairs, OR (2) a person who was discharged or released from active duty because of a service-connected disability.
- Recently Separated Veterans. Any veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty in the U.S. military, ground, naval, or air service.
- Active Duty Wartime or Campaign Badge Veterans. Any veteran who served on active duty in the U.S. military, ground, naval, or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense.
- Armed Forces Service Medal Veterans. Any veteran who, while serving on active duty in the U.S. military, ground, naval, or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 Fed. Reg. 1209).
- Job Listing Requirements: Federal contractors are required to list all job openings with the appropriate state workforce agency job bank or with the appropriate local employment service delivery system, except for executive and senior management positions, positions that will be filled from within the contractor’s organization, and positions lasting three days or less.
- Equal Employment Opportunity Clause: Federal contracts and subcontracts must include a clause stating that the contractor will not discriminate against protected veterans and will take affirmative action to employ and advance in employment qualified protected veterans.
- Annual Reporting (VETS-4212 Report): Contractors are required to submit an annual report (VETS-4212) to the Department of Labor’s Veterans’ Employment and Training Service (VETS). This report details the number of protected veterans employed and newly hired during the reporting period.
Impact of VEVRAA
VEVRAA plays a significant role in promoting the employment and economic stability of protected veterans. By mandating affirmative action measures, the law helps ensure that veterans are integrated into the workforce and have access to fair employment practices. Employer compliance with VEVRAA helps veterans transition from military to civilian life more smoothly and supports their long-term career development.
Compliance & Enforcement
The Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor is responsible for enforcing VEVRAA. The OFCCP conducts compliance evaluations and investigates complaints to ensure that federal contractors and subcontractors adhere to the requirements of the law and OFCCP’s implementing regulations. Non-compliance can result in varying penalties, including the loss of federal contracts.